HB 7031

1
A bill to be entitled
2An act relating to the Department of State; amending s.
315.09, F.S.; providing for deposit of certain
4reinstatement fees, late fees, and penalties collected by
5the Division of Corporations of the Department of State
6into the Florida Fine Arts Trust Fund rather than the
7General Revenue Fund; providing for disbursement of such
8revenues to fund cultural and historical preservation
9grants and programs; amending s. 265.606, F.S.; deleting a
10requirement for local sponsoring organizations to submit
11an annual postaudit to the Division of Cultural Affairs
12under certain circumstances; providing for the reversion
13of the state's matching share of cultural endowment to the
14Florida Fine Arts Trust Fund rather than the General
15Revenue Fund under certain circumstances; providing for
16distribution of reverted funds; amending s. 267.174, F.S.;
17changing the dates for the first meeting of the Discovery
18of Florida Quincentennial Commemoration Commission, the
19completion of the initial draft of a specified master
20plan, and the submission of the completed master plan;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (4) of section 15.09, Florida
26Statutes, is amended to read:
27     15.09  Fees.--
28     (4)(a)  Except as provided in paragraph (b), all funds
29collected by the Division of Corporations of the department
30shall be deposited in the General Revenue Fund.
31     (b)  All reinstatement fees, late fees, and penalties
32collected pursuant to ss. 607.0122(13), 607.1422(1),
33607.1502(4), 607.193(2)(b), 608.502(4), 617.0122(13),
34617.1422(1), and 617.1623(1) shall be deposited in the Florida
35Fine Arts Trust Fund and disbursed each fiscal year as follows:
36     1.  The sum of $2 million shall be transferred to the
37Historical Resources Operating Trust Fund for the purpose of
38funding historic preservation matching grants pursuant to s.
39267.0617.
40     2.  The sum of $1.75 million shall be transferred to the
41Historical Resources Operating Trust Fund for the purpose of
42funding historical museum grants pursuant to s. 267.0619.
43     3.  The sum of $14.3 million shall be used for the purpose
44of funding cultural grants as provided in ss. 265.286, 265.2861,
45265.608, and 265.609.
46     4.  Any remaining proceeds shall be used for the purpose of
47providing state matching funds for the Cultural Endowment
48Program as provided in s. 265.606.
49
50If proceeds fall below the amounts required to be disbursed in
51subparagraphs 1. through 3., the spending authority provided in
52this paragraph for the Florida Fine Arts Trust Fund and the
53Historical Resources Operating Trust Fund shall be reduced
54proportionally.
55     Section 2.  Subsections (4) and (5) of section 265.606,
56Florida Statutes, are amended to read:
57     265.606  Cultural Endowment Program; administration;
58qualifying criteria; matching fund program levels;
59distribution.--
60     (4)  Once the secretary has determined that the sponsoring
61organization has complied with the criteria imposed by this
62section, he or she may authorize the transfer of the appropriate
63state matching funds to the organization. However, the secretary
64shall ensure that the local group has made prudent arrangements
65for the trusteeship of the entire endowment, and such
66trusteeship is hereby created. The sponsoring organization may
67then expend moneys in the endowment program fund, subject to the
68following requirements:
69     (a)  The organization may expend funds only for operating
70costs incurred while engaged in programs directly related to
71cultural activities.
72     (b)  The organization shall annually submit a report to the
73division, in such form as the division specifies, explaining how
74endowment program funds were utilized.
75     (c)  Any contract administered under this section shall
76require the local sponsoring organization to submit to the
77division an annual postaudit of its financial accounts conducted
78by an independent certified public accountant.
79     (5)  The $240,000 state matching fund endowment for each
80individual endowment shall revert to the Florida Fine Arts Trust
81Fund and shall be awarded to the first organization on the
82Cultural Endowment Program priority list pursuant to subsection
83(7), that has not previously received a cultural endowment in
84the most current fiscal year funding cycle, General Revenue Fund
85if any of the following events occurs:
86     (a)  The recipient sponsoring organization is no longer
87able to manage an endowment ceases operations.
88     (b)  The recipient sponsoring organization files for
89protection under federal bankruptcy provisions.
90     (c)  The recipient sponsoring organization willfully
91expends a portion of the endowment principal of any individual
92endowment.
93     Section 3.  Paragraph (d) of subsection (5) and paragraph
94(c) of subsection (7) of section 267.174, Florida Statutes, are
95amended to read:
96     267.174  Discovery of Florida Quincentennial Commemoration
97Commission.--
98     (5)  OFFICERS; BYLAWS; MEETINGS.--
99     (d)  The initial meeting of the commission shall be held no
100later than July 31, 2008 January 31, 2007. Subsequent meetings
101shall be held upon the call of the chair or vice chair acting in
102the absence of the chair, and in accordance with the
103commission's bylaws.
104     (7)  DUTIES; MASTER PLAN.--
105     (c)  The commission shall establish a timetable and budget
106for completion for all parts of the master plan which shall be
107made a part of the plan. An initial draft of the plan shall be
108completed and submitted to the Governor, the President of the
109Senate, the Speaker of the House of Representatives, and the
110Secretary of State by May 2009 January 2008 with the completed
111master plan submitted to such officials by May 2010 January
1122009.
113     Section 4.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.