HB 7031CS

CHAMBER ACTION



1The Transportation & Economic Development Appropriations
2Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Department of State; amending s.
7265.285, F.S.; clarifying terms of appointment to the
8Florida Arts Council; removing obsolete language; amending
9s. 265.606, F.S.; deleting a requirement for local
10sponsoring organizations to submit an annual postaudit to
11the Division of Cultural Affairs under certain
12circumstances; providing for the reversion of the state's
13matching share of cultural endowment to the Florida Fine
14Arts Trust Fund rather than the General Revenue Fund under
15certain circumstances; providing for distribution of
16reverted funds; amending s. 267.174, F.S.; changing the
17dates for the first meeting of the Discovery of Florida
18Quincentennial Commemoration Commission, the completion of
19the initial draft of a specified master plan, and the
20submission of the completed master plan; amending s.
21272.129, F.S.; transferring responsibility for the Florida
22Historic Capitol from the Department of State to the
23Legislature; providing for allocation of certain space for
24preservation, museum, and cultural programs of the
25Legislature; requiring the maintenance of the Florida
26Historic Capitol pursuant to certain historic preservation
27standards and guidelines; removing responsibility of the
28Department of Management Services for security of the
29Historic Capitol and adjacent grounds; amending s.
30272.135, F.S.; requiring the Capitol Curator to be
31appointed by the President of the Senate and the Speaker
32of the House of Representatives; deleting rulemaking
33authority of the Department of State to conform; amending
34s. 607.193, F.S.; correcting references to repealed
35sections of Florida Statutes within provisions relating to
36the annual supplemental corporate fee imposed on each
37business entity authorized to transact business in this
38state; providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Paragraph (a) of subsection (1) of section
43265.285, Florida Statutes, is amended to read:
44     265.285  Florida Arts Council; membership, duties.--
45     (1)(a)  The Florida Arts Council is created in the
46department as an advisory body, as defined in s. 20.03(7), to
47consist of 15 members. Seven members shall be appointed by the
48Governor, four members shall be appointed by the President of
49the Senate, and four members shall be appointed by the Speaker
50of the House of Representatives. The appointments, to be made in
51consultation with the Secretary of State, shall recognize the
52need for geographical representation. Council members appointed
53by the Governor shall be appointed for 4-year terms beginning on
54January 1 of the year of appointment. Council members appointed
55by the President of the Senate and the Speaker of the House of
56Representatives shall be appointed for 2-year terms beginning on
57January 1 of the year of appointment. Council members serving on
58July 1, 2002, may serve the remainder of their respective terms.
59New appointments to the council shall not be made until the
60retirement, resignation, removal, or expiration of the terms of
61the initial members results in fewer than 15 members remaining.
62As vacancies occur, the first appointment to the council shall
63be made by the Governor. The President of the Senate, the
64Speaker of the House of Representatives, and the Governor,
65respectively, shall then alternate appointments until the
66council is composed as required herein. A No member of the
67council who serves two 4-year terms or two 2-year terms is not
68will be eligible for reappointment for 1 year during a 1-year
69period following the expiration of the member's second term. A
70member whose term has expired shall continue to serve on the
71council until such time as a replacement is appointed. Any
72vacancy on the council shall be filled for the remainder of the
73unexpired term in the same manner as for the original
74appointment. Members should have a substantial history of
75community service in the performing or visual arts, which
76includes, but is not limited to, theatre, dance, folk arts,
77music, architecture, photography, and literature. In addition,
78it is desirable that members have successfully served on boards
79of cultural institutions such as museums and performing arts
80centers or are recognized as patrons of the arts.
81     Section 2.  Subsections (4) and (5) of section 265.606,
82Florida Statutes, are amended to read:
83     265.606  Cultural Endowment Program; administration;
84qualifying criteria; matching fund program levels;
85distribution.--
86     (4)  Once the secretary has determined that the sponsoring
87organization has complied with the criteria imposed by this
88section, he or she may authorize the transfer of the appropriate
89state matching funds to the organization. However, the secretary
90shall ensure that the local group has made prudent arrangements
91for the trusteeship of the entire endowment, and such
92trusteeship is hereby created. The sponsoring organization may
93then expend moneys in the endowment program fund, subject to the
94following requirements:
95     (a)  The organization may expend funds only for operating
96costs incurred while engaged in programs directly related to
97cultural activities.
98     (b)  The organization shall annually submit a report to the
99division, in such form as the division specifies, explaining how
100endowment program funds were utilized.
101     (c)  Any contract administered under this section shall
102require the local sponsoring organization to submit to the
103division an annual postaudit of its financial accounts conducted
104by an independent certified public accountant.
105     (5)  The $240,000 state matching fund endowment for each
106individual endowment shall revert to the Florida Fine Arts Trust
107Fund and shall be awarded to the first organization on the
108Cultural Endowment Program priority list pursuant to subsection
109(7) that has not previously received a cultural endowment in the
110most current fiscal year funding cycle General Revenue Fund if
111any of the following events occurs:
112     (a)  The recipient sponsoring organization is no longer
113able to manage an endowment ceases operations.
114     (b)  The recipient sponsoring organization files for
115protection under federal bankruptcy provisions.
116     (c)  The recipient sponsoring organization willfully
117expends a portion of the endowment principal of any individual
118endowment.
119     Section 3.  Paragraph (d) of subsection (5) and paragraph
120(c) of subsection (7) of section 267.174, Florida Statutes, are
121amended to read:
122     267.174  Discovery of Florida Quincentennial Commemoration
123Commission.--
124     (5)  OFFICERS; BYLAWS; MEETINGS.--
125     (d)  The initial meeting of the commission shall be held no
126later than July 31, 2008 January 31, 2007. Subsequent meetings
127shall be held upon the call of the chair or vice chair acting in
128the absence of the chair, and in accordance with the
129commission's bylaws.
130     (7)  DUTIES; MASTER PLAN.--
131     (c)  The commission shall establish a timetable and budget
132for completion for all parts of the master plan which shall be
133made a part of the plan. An initial draft of the plan shall be
134completed and submitted to the Governor, the President of the
135Senate, the Speaker of the House of Representatives, and the
136Secretary of State by May 2009 January 2008 with the completed
137master plan submitted to such officials by May 2010 January
1382009.
139     Section 4.  Section 272.129, Florida Statutes, is amended
140to read:
141     272.129  Florida Historic Capitol; space allocation;
142maintenance, repair, and security.--
143     (1)  The Legislature Department of State shall ensure
144assure that all space in the Florida Historic Capitol is
145restored in a manner consistent with the 1902 form and made
146available for allocation. Notwithstanding the provisions of ss.
147255.249 and 272.04 that relate to space allocation in state-
148owned buildings, the President of the Senate and the Speaker of
149the House of Representatives shall have responsibility and
150authority for the allocation of all space in the restored
151Florida Historic Capitol, provided:
152     (a)  The rotunda, corridors, Senate chamber, House of
153Representatives chamber, and Supreme Court chamber shall not be
154used as office space.
155     (b)  The Legislature Department of State shall be allocated
156sufficient space for program and administrative functions
157relating to the preservation, museum, and cultural programs of
158the Legislature department.
159     (2)  The Florida Historic Capitol shall be maintained in
160accordance with good historic preservation practices as
161specified in the National Park Service Preservation Briefs and
162the Secretary of the Interior's Standards for Rehabilitation and
163Guidelines for Rehabilitating Historic Buildings.
164     (3)(2)  Custodial and preventive maintenance and, repair,
165and security of the entire Historic Capitol and the grounds
166located adjacent thereto shall be the responsibility of the
167Department of Management Services, subject to the special
168requirements of the building as determined by the Capitol
169Curator.
170     Section 5.  Section 272.135, Florida Statutes, is amended
171to read:
172     272.135  Florida Historic Capitol Curator.--
173     (1)  The position of Capitol Curator is created within the
174Legislature Department of State, which shall establish the
175qualifications for the position. The curator shall be appointed
176by and serve at the pleasure of the President of the Senate and
177the Speaker of the House of Representatives Secretary of State.
178     (2)  The Capitol Curator shall:
179     (a)  Promote and encourage throughout the state knowledge
180and appreciation of the Florida Historic Capitol.
181     (b)  Collect, research, exhibit, interpret, preserve, and
182protect the history, artifacts, objects, furnishings, and other
183materials related to the Florida Historic Capitol, except for
184archaeological research and resources.
185     (c)  Develop, direct, supervise, and maintain the interior
186design and furnishings of all space within the Florida Historic
187Capitol in a manner consistent with the restoration of the
188Florida Historic Capitol in its 1902 form.
189     (3)  The Department of State shall promulgate rules to
190implement this section.
191     Section 6.  Subsections (1) and (2) of section 607.193,
192Florida Statutes, are amended to read:
193     607.193  Supplemental corporate fee.--
194     (1)  In addition to any other taxes imposed by law, an
195annual supplemental corporate fee of $88.75 is imposed on each
196business entity that is authorized to transact business in this
197state and is required to file an annual report with the
198Department of State under s. 607.1622, s. 608.452, or s.
199620.1210 620.177.
200     (2)(a)  The business entity shall remit the supplemental
201corporate fee to the Department of State at the time it files
202the annual report required by s. 607.1622, s. 608.452, or s.
203620.1210 620.177.
204     (b)  In addition to the fees levied under ss. 607.0122,
205608.452, and 620.1109 620.182 and the supplemental corporate
206fee, a late charge of $400 shall be imposed if the supplemental
207corporate fee is remitted after May 1 except in circumstances in
208which a business entity did not receive the uniform business
209report prescribed by the department.
210     Section 7.  This act shall take effect July 1, 2006.


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