| 1 | The State Infrastructure Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to the Department of State; amending s. |
| 8 | 265.285, F.S.; clarifying terms of appointment to the |
| 9 | Florida Arts Council; removing obsolete language; amending |
| 10 | s. 265.606, F.S.; deleting a requirement for local |
| 11 | sponsoring organizations to submit an annual postaudit to |
| 12 | the Division of Cultural Affairs under certain |
| 13 | circumstances; providing for deposit of the state's |
| 14 | matching share of cultural endowment to the Florida Fine |
| 15 | Arts Trust Fund rather than reversion to the General |
| 16 | Revenue Fund; requiring that authority to disburse funds |
| 17 | is subject to notice and review procedures; providing for |
| 18 | reversion of funds to the General Revenue Fund under |
| 19 | certain circumstances; amending s. 267.174, F.S.; changing |
| 20 | the dates for the first meeting of the Discovery of |
| 21 | Florida Quincentennial Commemoration Commission, the |
| 22 | completion of the initial draft of a specified master |
| 23 | plan, and the submission of the completed master plan; |
| 24 | amending s. 272.129, F.S.; transferring responsibility for |
| 25 | the Florida Historic Capitol from the Department of State |
| 26 | to the Legislature; providing for allocation of certain |
| 27 | space for preservation, museum, and cultural programs of |
| 28 | the Legislature; requiring the maintenance of the Florida |
| 29 | Historic Capitol pursuant to certain historic preservation |
| 30 | standards and guidelines; removing responsibility of the |
| 31 | Department of Management Services for security of the |
| 32 | Historic Capitol and adjacent grounds; amending s. |
| 33 | 272.135, F.S.; requiring the Capitol Curator to be |
| 34 | appointed by the President of the Senate and the Speaker |
| 35 | of the House of Representatives; deleting rulemaking |
| 36 | authority of the Department of State to conform; amending |
| 37 | s. 607.193, F.S.; correcting references to repealed |
| 38 | sections of Florida Statutes within provisions relating to |
| 39 | the annual supplemental corporate fee imposed on each |
| 40 | business entity authorized to transact business in this |
| 41 | state; providing an effective date. |
| 42 |
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| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
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| 45 | Section 1. Paragraph (a) of subsection (1) of section |
| 46 | 265.285, Florida Statutes, is amended to read: |
| 47 | 265.285 Florida Arts Council; membership, duties.-- |
| 48 | (1)(a) The Florida Arts Council is created in the |
| 49 | department as an advisory body, as defined in s. 20.03(7), to |
| 50 | consist of 15 members. Seven members shall be appointed by the |
| 51 | Governor, four members shall be appointed by the President of |
| 52 | the Senate, and four members shall be appointed by the Speaker |
| 53 | of the House of Representatives. The appointments, to be made in |
| 54 | consultation with the Secretary of State, shall recognize the |
| 55 | need for geographical representation. Council members appointed |
| 56 | by the Governor shall be appointed for 4-year terms beginning on |
| 57 | January 1 of the year of appointment. Council members appointed |
| 58 | by the President of the Senate and the Speaker of the House of |
| 59 | Representatives shall be appointed for 2-year terms beginning on |
| 60 | January 1 of the year of appointment. Council members serving on |
| 61 | July 1, 2002, may serve the remainder of their respective terms. |
| 62 | New appointments to the council shall not be made until the |
| 63 | retirement, resignation, removal, or expiration of the terms of |
| 64 | the initial members results in fewer than 15 members remaining. |
| 65 | As vacancies occur, the first appointment to the council shall |
| 66 | be made by the Governor. The President of the Senate, the |
| 67 | Speaker of the House of Representatives, and the Governor, |
| 68 | respectively, shall then alternate appointments until the |
| 69 | council is composed as required herein. A No member of the |
| 70 | council who serves two 4-year terms or two 2-year terms is not |
| 71 | will be eligible for reappointment for 1 year during a 1-year |
| 72 | period following the expiration of the member's second term. A |
| 73 | member whose term has expired shall continue to serve on the |
| 74 | council until such time as a replacement is appointed. Any |
| 75 | vacancy on the council shall be filled for the remainder of the |
| 76 | unexpired term in the same manner as for the original |
| 77 | appointment. Members should have a substantial history of |
| 78 | community service in the performing or visual arts, which |
| 79 | includes, but is not limited to, theatre, dance, folk arts, |
| 80 | music, architecture, photography, and literature. In addition, |
| 81 | it is desirable that members have successfully served on boards |
| 82 | of cultural institutions such as museums and performing arts |
| 83 | centers or are recognized as patrons of the arts. |
| 84 | Section 2. Subsections (4) and (5) of section 265.606, |
| 85 | Florida Statutes, are amended, present subsections (6) and (7) |
| 86 | are renumbered as subsections (8) and (9), respectively, and new |
| 87 | subsections (6) and (7) are added to that section, to read: |
| 88 | 265.606 Cultural Endowment Program; administration; |
| 89 | qualifying criteria; matching fund program levels; |
| 90 | distribution.-- |
| 91 | (4) Once the secretary has determined that the sponsoring |
| 92 | organization has complied with the criteria imposed by this |
| 93 | section, he or she may authorize the transfer of the appropriate |
| 94 | state matching funds to the organization. However, the secretary |
| 95 | shall ensure that the local group has made prudent arrangements |
| 96 | for the trusteeship of the entire endowment, and such |
| 97 | trusteeship is hereby created. The sponsoring organization may |
| 98 | then expend moneys in the endowment program fund, subject to the |
| 99 | following requirements: |
| 100 | (a) The organization may expend funds only for operating |
| 101 | costs incurred while engaged in programs directly related to |
| 102 | cultural activities. |
| 103 | (b) The organization shall annually submit a report to the |
| 104 | division, in such form as the division specifies, explaining how |
| 105 | endowment program funds were utilized. |
| 106 | (c) Any contract administered under this section shall |
| 107 | require the local sponsoring organization to submit to the |
| 108 | division an annual postaudit of its financial accounts conducted |
| 109 | by an independent certified public accountant. |
| 110 | (5) The $240,000 state matching fund endowment for each |
| 111 | individual endowment shall be returned revert to the state, |
| 112 | shall be deposited into the Florida Fine Arts Trust Fund, and |
| 113 | shall be awarded to the first organization on the Cultural |
| 114 | Endowment Program priority list pursuant to subsection (9) that |
| 115 | has not previously received a cultural endowment in the most |
| 116 | current fiscal year funding cycle General Revenue Fund if any of |
| 117 | the following events occurs: |
| 118 | (a) The recipient sponsoring organization is no longer |
| 119 | able to manage an endowment ceases operations. |
| 120 | (b) The recipient sponsoring organization files for |
| 121 | protection under federal bankruptcy provisions. |
| 122 | (c) The recipient sponsoring organization willfully |
| 123 | expends a portion of the endowment principal of any individual |
| 124 | endowment. |
| 125 | (6) In the event an endowment is returned to the state |
| 126 | under subsection (5), authority to disburse funds shall be |
| 127 | subject to the notice and review procedures set forth in s. |
| 128 | 216.177. |
| 129 | (7) If there is no qualified organization on the Cultural |
| 130 | Endowment Program priority list, returned funds shall revert to |
| 131 | the General Revenue Fund at the end of the fiscal year. |
| 132 | Section 3. Paragraph (d) of subsection (5) and paragraph |
| 133 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
| 134 | amended to read: |
| 135 | 267.174 Discovery of Florida Quincentennial Commemoration |
| 136 | Commission.-- |
| 137 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
| 138 | (d) The initial meeting of the commission shall be held no |
| 139 | later than July 31, 2008 January 31, 2007. Subsequent meetings |
| 140 | shall be held upon the call of the chair or vice chair acting in |
| 141 | the absence of the chair, and in accordance with the |
| 142 | commission's bylaws. |
| 143 | (7) DUTIES; MASTER PLAN.-- |
| 144 | (c) The commission shall establish a timetable and budget |
| 145 | for completion for all parts of the master plan which shall be |
| 146 | made a part of the plan. An initial draft of the plan shall be |
| 147 | completed and submitted to the Governor, the President of the |
| 148 | Senate, the Speaker of the House of Representatives, and the |
| 149 | Secretary of State by May 2009 January 2008 with the completed |
| 150 | master plan submitted to such officials by May 2010 January |
| 151 | 2009. |
| 152 | Section 4. Section 272.129, Florida Statutes, is amended |
| 153 | to read: |
| 154 | 272.129 Florida Historic Capitol; space allocation; |
| 155 | maintenance, repair, and security.-- |
| 156 | (1) The Legislature Department of State shall ensure |
| 157 | assure that all space in the Florida Historic Capitol is |
| 158 | restored in a manner consistent with the 1902 form and made |
| 159 | available for allocation. Notwithstanding the provisions of ss. |
| 160 | 255.249 and 272.04 that relate to space allocation in state- |
| 161 | owned buildings, the President of the Senate and the Speaker of |
| 162 | the House of Representatives shall have responsibility and |
| 163 | authority for the allocation of all space in the restored |
| 164 | Florida Historic Capitol, provided: |
| 165 | (a) The rotunda, corridors, Senate chamber, House of |
| 166 | Representatives chamber, and Supreme Court chamber shall not be |
| 167 | used as office space. |
| 168 | (b) The Legislature Department of State shall be allocated |
| 169 | sufficient space for program and administrative functions |
| 170 | relating to the preservation, museum, and cultural programs of |
| 171 | the Legislature department. |
| 172 | (2) The Florida Historic Capitol shall be maintained in |
| 173 | accordance with good historic preservation practices as |
| 174 | specified in the National Park Service Preservation Briefs and |
| 175 | the Secretary of the Interior's Standards for Rehabilitation and |
| 176 | Guidelines for Rehabilitating Historic Buildings. |
| 177 | (3)(2) Custodial and preventive maintenance and, repair, |
| 178 | and security of the entire Historic Capitol and the grounds |
| 179 | located adjacent thereto shall be the responsibility of the |
| 180 | Department of Management Services, subject to the special |
| 181 | requirements of the building as determined by the Capitol |
| 182 | Curator. |
| 183 | Section 5. Section 272.135, Florida Statutes, is amended |
| 184 | to read: |
| 185 | 272.135 Florida Historic Capitol Curator.-- |
| 186 | (1) The position of Capitol Curator is created within the |
| 187 | Legislature Department of State, which shall establish the |
| 188 | qualifications for the position. The curator shall be appointed |
| 189 | by and serve at the pleasure of the President of the Senate and |
| 190 | the Speaker of the House of Representatives Secretary of State. |
| 191 | (2) The Capitol Curator shall: |
| 192 | (a) Promote and encourage throughout the state knowledge |
| 193 | and appreciation of the Florida Historic Capitol. |
| 194 | (b) Collect, research, exhibit, interpret, preserve, and |
| 195 | protect the history, artifacts, objects, furnishings, and other |
| 196 | materials related to the Florida Historic Capitol, except for |
| 197 | archaeological research and resources. |
| 198 | (c) Develop, direct, supervise, and maintain the interior |
| 199 | design and furnishings of all space within the Florida Historic |
| 200 | Capitol in a manner consistent with the restoration of the |
| 201 | Florida Historic Capitol in its 1902 form. |
| 202 | (3) The Department of State shall promulgate rules to |
| 203 | implement this section. |
| 204 | Section 6. Subsections (1) and (2) of section 607.193, |
| 205 | Florida Statutes, are amended to read: |
| 206 | 607.193 Supplemental corporate fee.-- |
| 207 | (1) In addition to any other taxes imposed by law, an |
| 208 | annual supplemental corporate fee of $88.75 is imposed on each |
| 209 | business entity that is authorized to transact business in this |
| 210 | state and is required to file an annual report with the |
| 211 | Department of State under s. 607.1622, s. 608.452, or s. |
| 212 | 620.1210 620.177. |
| 213 | (2)(a) The business entity shall remit the supplemental |
| 214 | corporate fee to the Department of State at the time it files |
| 215 | the annual report required by s. 607.1622, s. 608.452, or s. |
| 216 | 620.1210 620.177. |
| 217 | (b) In addition to the fees levied under ss. 607.0122, |
| 218 | 608.452, and 620.1109 620.182 and the supplemental corporate |
| 219 | fee, a late charge of $400 shall be imposed if the supplemental |
| 220 | corporate fee is remitted after May 1 except in circumstances in |
| 221 | which a business entity did not receive the uniform business |
| 222 | report prescribed by the department. |
| 223 | Section 7. This act shall take effect July 1, 2006. |