1 | The State Infrastructure Council recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
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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37 | s. 607.193, F.S.; correcting references to repealed |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. |