| 1 | A bill to be entitled |
| 2 | An act relating to the Department of State; amending s. |
| 3 | 15.09, F.S.; providing for deposit of certain |
| 4 | reinstatement fees, late fees, and penalties collected by |
| 5 | the Division of Corporations of the Department of State |
| 6 | into the Florida Fine Arts Trust Fund rather than the |
| 7 | General Revenue Fund; providing for disbursement of such |
| 8 | revenues to fund cultural and historical preservation |
| 9 | grants and programs; amending s. 265.606, F.S.; deleting a |
| 10 | requirement for local sponsoring organizations to submit |
| 11 | an annual postaudit to the Division of Cultural Affairs |
| 12 | under certain circumstances; providing for the reversion |
| 13 | of the state's matching share of cultural endowment to the |
| 14 | Florida Fine Arts Trust Fund rather than the General |
| 15 | Revenue Fund under certain circumstances; providing for |
| 16 | distribution of reverted funds; amending s. 267.174, F.S.; |
| 17 | changing the dates for the first meeting of the Discovery |
| 18 | of Florida Quincentennial Commemoration Commission, the |
| 19 | completion of the initial draft of a specified master |
| 20 | plan, and the submission of the completed master plan; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsection (4) of section 15.09, Florida |
| 26 | Statutes, is amended to read: |
| 27 | 15.09 Fees.-- |
| 28 | (4)(a) Except as provided in paragraph (b), all funds |
| 29 | collected by the Division of Corporations of the department |
| 30 | shall be deposited in the General Revenue Fund. |
| 31 | (b) All reinstatement fees, late fees, and penalties |
| 32 | collected pursuant to ss. 607.0122(13), 607.1422(1), |
| 33 | 607.1502(4), 607.193(2)(b), 608.502(4), 617.0122(13), |
| 34 | 617.1422(1), and 617.1623(1) shall be deposited in the Florida |
| 35 | Fine Arts Trust Fund and disbursed each fiscal year as follows: |
| 36 | 1. The sum of $2 million shall be transferred to the |
| 37 | Historical Resources Operating Trust Fund for the purpose of |
| 38 | funding historic preservation matching grants pursuant to s. |
| 39 | 267.0617. |
| 40 | 2. The sum of $1.75 million shall be transferred to the |
| 41 | Historical Resources Operating Trust Fund for the purpose of |
| 42 | funding historical museum grants pursuant to s. 267.0619. |
| 43 | 3. The sum of $14.3 million shall be used for the purpose |
| 44 | of funding cultural grants as provided in ss. 265.286, 265.2861, |
| 45 | 265.608, and 265.609. |
| 46 | 4. Any remaining proceeds shall be used for the purpose of |
| 47 | providing state matching funds for the Cultural Endowment |
| 48 | Program as provided in s. 265.606. |
| 49 |
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| 50 | If proceeds fall below the amounts required to be disbursed in |
| 51 | subparagraphs 1. through 3., the spending authority provided in |
| 52 | this paragraph for the Florida Fine Arts Trust Fund and the |
| 53 | Historical Resources Operating Trust Fund shall be reduced |
| 54 | proportionally. |
| 55 | Section 2. Subsections (4) and (5) of section 265.606, |
| 56 | Florida Statutes, are amended to read: |
| 57 | 265.606 Cultural Endowment Program; administration; |
| 58 | qualifying criteria; matching fund program levels; |
| 59 | distribution.-- |
| 60 | (4) Once the secretary has determined that the sponsoring |
| 61 | organization has complied with the criteria imposed by this |
| 62 | section, he or she may authorize the transfer of the appropriate |
| 63 | state matching funds to the organization. However, the secretary |
| 64 | shall ensure that the local group has made prudent arrangements |
| 65 | for the trusteeship of the entire endowment, and such |
| 66 | trusteeship is hereby created. The sponsoring organization may |
| 67 | then expend moneys in the endowment program fund, subject to the |
| 68 | following requirements: |
| 69 | (a) The organization may expend funds only for operating |
| 70 | costs incurred while engaged in programs directly related to |
| 71 | cultural activities. |
| 72 | (b) The organization shall annually submit a report to the |
| 73 | division, in such form as the division specifies, explaining how |
| 74 | endowment program funds were utilized. |
| 75 | (c) Any contract administered under this section shall |
| 76 | require the local sponsoring organization to submit to the |
| 77 | division an annual postaudit of its financial accounts conducted |
| 78 | by an independent certified public accountant. |
| 79 | (5) The $240,000 state matching fund endowment for each |
| 80 | individual endowment shall revert to the Florida Fine Arts Trust |
| 81 | Fund and shall be awarded to the first organization on the |
| 82 | Cultural Endowment Program priority list pursuant to subsection |
| 83 | (7), that has not previously received a cultural endowment in |
| 84 | the most current fiscal year funding cycle, General Revenue Fund |
| 85 | if any of the following events occurs: |
| 86 | (a) The recipient sponsoring organization is no longer |
| 87 | able to manage an endowment ceases operations. |
| 88 | (b) The recipient sponsoring organization files for |
| 89 | protection under federal bankruptcy provisions. |
| 90 | (c) The recipient sponsoring organization willfully |
| 91 | expends a portion of the endowment principal of any individual |
| 92 | endowment. |
| 93 | Section 3. Paragraph (d) of subsection (5) and paragraph |
| 94 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
| 95 | amended to read: |
| 96 | 267.174 Discovery of Florida Quincentennial Commemoration |
| 97 | Commission.-- |
| 98 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
| 99 | (d) The initial meeting of the commission shall be held no |
| 100 | later than July 31, 2008 January 31, 2007. Subsequent meetings |
| 101 | shall be held upon the call of the chair or vice chair acting in |
| 102 | the absence of the chair, and in accordance with the |
| 103 | commission's bylaws. |
| 104 | (7) DUTIES; MASTER PLAN.-- |
| 105 | (c) The commission shall establish a timetable and budget |
| 106 | for completion for all parts of the master plan which shall be |
| 107 | made a part of the plan. An initial draft of the plan shall be |
| 108 | completed and submitted to the Governor, the President of the |
| 109 | Senate, the Speaker of the House of Representatives, and the |
| 110 | Secretary of State by May 2009 January 2008 with the completed |
| 111 | master plan submitted to such officials by May 2010 January |
| 112 | 2009. |
| 113 | Section 4. This act shall take effect July 1, 2006. |