HB 7031CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to the Department of State; amending s.
8265.285, F.S.; clarifying terms of appointment to the
9Florida Arts Council; removing obsolete language; amending
10s. 265.606, F.S.; deleting a requirement for local
11sponsoring organizations to submit an annual postaudit to
12the Division of Cultural Affairs under certain
13circumstances; providing for deposit of the state's
14matching share of cultural endowment to the Florida Fine
15Arts Trust Fund rather than reversion to the General
16Revenue Fund; requiring that authority to disburse funds
17is subject to notice and review procedures; providing for
18reversion of funds to the General Revenue Fund under
19certain circumstances; amending s. 267.174, F.S.; changing
20the dates for the first meeting of the Discovery of
21Florida Quincentennial Commemoration Commission, the
22completion of the initial draft of a specified master
23plan, and the submission of the completed master plan;
24amending s. 272.129, F.S.; transferring responsibility for
25the Florida Historic Capitol from the Department of State
26to the Legislature; providing for allocation of certain
27space for preservation, museum, and cultural programs of
28the Legislature; requiring the maintenance of the Florida
29Historic Capitol pursuant to certain historic preservation
30standards and guidelines; removing responsibility of the
31Department of Management Services for security of the
32Historic Capitol and adjacent grounds; amending s.
33272.135, F.S.; requiring the Capitol Curator to be
34appointed by the President of the Senate and the Speaker
35of the House of Representatives; deleting rulemaking
36authority of the Department of State to conform; amending
37s. 607.193, F.S.; correcting references to repealed
38sections of Florida Statutes within provisions relating to
39the annual supplemental corporate fee imposed on each
40business entity authorized to transact business in this
41state; providing an effective date.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  Paragraph (a) of subsection (1) of section
46265.285, 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
49department as an advisory body, as defined in s. 20.03(7), to
50consist of 15 members. Seven members shall be appointed by the
51Governor, four members shall be appointed by the President of
52the Senate, and four members shall be appointed by the Speaker
53of the House of Representatives. The appointments, to be made in
54consultation with the Secretary of State, shall recognize the
55need for geographical representation. Council members appointed
56by the Governor shall be appointed for 4-year terms beginning on
57January 1 of the year of appointment. Council members appointed
58by the President of the Senate and the Speaker of the House of
59Representatives shall be appointed for 2-year terms beginning on
60January 1 of the year of appointment. Council members serving on
61July 1, 2002, may serve the remainder of their respective terms.
62New appointments to the council shall not be made until the
63retirement, resignation, removal, or expiration of the terms of
64the initial members results in fewer than 15 members remaining.
65As vacancies occur, the first appointment to the council shall
66be made by the Governor. The President of the Senate, the
67Speaker of the House of Representatives, and the Governor,
68respectively, shall then alternate appointments until the
69council is composed as required herein. A No member of the
70council who serves two 4-year terms or two 2-year terms is not
71will be eligible for reappointment for 1 year during a 1-year
72period following the expiration of the member's second term. A
73member whose term has expired shall continue to serve on the
74council until such time as a replacement is appointed. Any
75vacancy on the council shall be filled for the remainder of the
76unexpired term in the same manner as for the original
77appointment. Members should have a substantial history of
78community service in the performing or visual arts, which
79includes, but is not limited to, theatre, dance, folk arts,
80music, architecture, photography, and literature. In addition,
81it is desirable that members have successfully served on boards
82of cultural institutions such as museums and performing arts
83centers or are recognized as patrons of the arts.
84     Section 2.  Subsections (4) and (5) of section 265.606,
85Florida Statutes, are amended, present subsections (6) and (7)
86are renumbered as subsections (8) and (9), respectively, and new
87subsections (6) and (7) are added to that section, to read:
88     265.606  Cultural Endowment Program; administration;
89qualifying criteria; matching fund program levels;
90distribution.--
91     (4)  Once the secretary has determined that the sponsoring
92organization has complied with the criteria imposed by this
93section, he or she may authorize the transfer of the appropriate
94state matching funds to the organization. However, the secretary
95shall ensure that the local group has made prudent arrangements
96for the trusteeship of the entire endowment, and such
97trusteeship is hereby created. The sponsoring organization may
98then expend moneys in the endowment program fund, subject to the
99following requirements:
100     (a)  The organization may expend funds only for operating
101costs incurred while engaged in programs directly related to
102cultural activities.
103     (b)  The organization shall annually submit a report to the
104division, in such form as the division specifies, explaining how
105endowment program funds were utilized.
106     (c)  Any contract administered under this section shall
107require the local sponsoring organization to submit to the
108division an annual postaudit of its financial accounts conducted
109by an independent certified public accountant.
110     (5)  The $240,000 state matching fund endowment for each
111individual endowment shall be returned revert to the state,
112shall be deposited into the Florida Fine Arts Trust Fund, and
113shall be awarded to the first organization on the Cultural
114Endowment Program priority list pursuant to subsection (9) that
115has not previously received a cultural endowment in the most
116current fiscal year funding cycle General Revenue Fund if any of
117the following events occurs:
118     (a)  The recipient sponsoring organization is no longer
119able to manage an endowment ceases operations.
120     (b)  The recipient sponsoring organization files for
121protection under federal bankruptcy provisions.
122     (c)  The recipient sponsoring organization willfully
123expends a portion of the endowment principal of any individual
124endowment.
125     (6)  In the event an endowment is returned to the state
126under subsection (5), authority to disburse funds shall be
127subject to the notice and review procedures set forth in s.
128216.177.
129     (7)  If there is no qualified organization on the Cultural
130Endowment Program priority list, returned funds shall revert to
131the 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
134amended to read:
135     267.174  Discovery of Florida Quincentennial Commemoration
136Commission.--
137     (5)  OFFICERS; BYLAWS; MEETINGS.--
138     (d)  The initial meeting of the commission shall be held no
139later than July 31, 2008 January 31, 2007. Subsequent meetings
140shall be held upon the call of the chair or vice chair acting in
141the absence of the chair, and in accordance with the
142commission's bylaws.
143     (7)  DUTIES; MASTER PLAN.--
144     (c)  The commission shall establish a timetable and budget
145for completion for all parts of the master plan which shall be
146made a part of the plan. An initial draft of the plan shall be
147completed and submitted to the Governor, the President of the
148Senate, the Speaker of the House of Representatives, and the
149Secretary of State by May 2009 January 2008 with the completed
150master plan submitted to such officials by May 2010 January
1512009.
152     Section 4.  Section 272.129, Florida Statutes, is amended
153to read:
154     272.129  Florida Historic Capitol; space allocation;
155maintenance, repair, and security.--
156     (1)  The Legislature Department of State shall ensure
157assure that all space in the Florida Historic Capitol is
158restored in a manner consistent with the 1902 form and made
159available for allocation. Notwithstanding the provisions of ss.
160255.249 and 272.04 that relate to space allocation in state-
161owned buildings, the President of the Senate and the Speaker of
162the House of Representatives shall have responsibility and
163authority for the allocation of all space in the restored
164Florida Historic Capitol, provided:
165     (a)  The rotunda, corridors, Senate chamber, House of
166Representatives chamber, and Supreme Court chamber shall not be
167used as office space.
168     (b)  The Legislature Department of State shall be allocated
169sufficient space for program and administrative functions
170relating to the preservation, museum, and cultural programs of
171the Legislature department.
172     (2)  The Florida Historic Capitol shall be maintained in
173accordance with good historic preservation practices as
174specified in the National Park Service Preservation Briefs and
175the Secretary of the Interior's Standards for Rehabilitation and
176Guidelines for Rehabilitating Historic Buildings.
177     (3)(2)  Custodial and preventive maintenance and, repair,
178and security of the entire Historic Capitol and the grounds
179located adjacent thereto shall be the responsibility of the
180Department of Management Services, subject to the special
181requirements of the building as determined by the Capitol
182Curator.
183     Section 5.  Section 272.135, Florida Statutes, is amended
184to read:
185     272.135  Florida Historic Capitol Curator.--
186     (1)  The position of Capitol Curator is created within the
187Legislature Department of State, which shall establish the
188qualifications for the position. The curator shall be appointed
189by and serve at the pleasure of the President of the Senate and
190the Speaker of the House of Representatives Secretary of State.
191     (2)  The Capitol Curator shall:
192     (a)  Promote and encourage throughout the state knowledge
193and appreciation of the Florida Historic Capitol.
194     (b)  Collect, research, exhibit, interpret, preserve, and
195protect the history, artifacts, objects, furnishings, and other
196materials related to the Florida Historic Capitol, except for
197archaeological research and resources.
198     (c)  Develop, direct, supervise, and maintain the interior
199design and furnishings of all space within the Florida Historic
200Capitol in a manner consistent with the restoration of the
201Florida Historic Capitol in its 1902 form.
202     (3)  The Department of State shall promulgate rules to
203implement this section.
204     Section 6.  Subsections (1) and (2) of section 607.193,
205Florida Statutes, are amended to read:
206     607.193  Supplemental corporate fee.--
207     (1)  In addition to any other taxes imposed by law, an
208annual supplemental corporate fee of $88.75 is imposed on each
209business entity that is authorized to transact business in this
210state and is required to file an annual report with the
211Department of State under s. 607.1622, s. 608.452, or s.
212620.1210 620.177.
213     (2)(a)  The business entity shall remit the supplemental
214corporate fee to the Department of State at the time it files
215the annual report required by s. 607.1622, s. 608.452, or s.
216620.1210 620.177.
217     (b)  In addition to the fees levied under ss. 607.0122,
218608.452, and 620.1109 620.182 and the supplemental corporate
219fee, a late charge of $400 shall be imposed if the supplemental
220corporate fee is remitted after May 1 except in circumstances in
221which a business entity did not receive the uniform business
222report prescribed by the department.
223     Section 7.  This act shall take effect July 1, 2006.


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