1 | A bill to be entitled |
2 | An act relating to the Department of State; amending s. |
3 | 265.285, F.S.; clarifying terms of appointment to the |
4 | Florida Arts Council; removing obsolete language; amending |
5 | s. 265.606, F.S.; deleting a requirement for local |
6 | sponsoring organizations to submit an annual postaudit to |
7 | the Division of Cultural Affairs under certain |
8 | circumstances; providing for deposit of the state's |
9 | matching share of cultural endowment to the Florida Fine |
10 | Arts Trust Fund rather than reversion to the General |
11 | Revenue Fund; requiring that authority to disburse funds |
12 | is subject to notice and review procedures; providing for |
13 | reversion of funds to the General Revenue Fund under |
14 | certain circumstances; amending s. 267.174, F.S.; changing |
15 | the dates for the first meeting of the Discovery of |
16 | Florida Quincentennial Commemoration Commission, the |
17 | completion of the initial draft of a specified master |
18 | plan, and the submission of the completed master plan; |
19 | amending s. 272.129, F.S.; transferring responsibility for |
20 | the Florida Historic Capitol from the Department of State |
21 | to the Legislature; providing for allocation of certain |
22 | space for preservation, museum, and cultural programs of |
23 | the Legislature; requiring the maintenance of the Florida |
24 | Historic Capitol pursuant to certain historic preservation |
25 | standards and guidelines; removing responsibility of the |
26 | Department of Management Services for security of the |
27 | Historic Capitol and adjacent grounds; amending s. |
28 | 272.135, F.S.; requiring the Capitol Curator to be |
29 | appointed by the President of the Senate and the Speaker |
30 | of the House of Representatives; deleting rulemaking |
31 | authority of the Department of State to conform; amending |
32 | s. 607.193, F.S.; correcting references to repealed |
33 | sections of Florida Statutes within provisions relating to |
34 | the annual supplemental corporate fee imposed on each |
35 | business entity authorized to transact business in this |
36 | state; amending s. 257.05, F.S.; requiring that each state |
37 | official, agency, board, and court provide to the Division |
38 | of Library and Information Services of the Department of |
39 | State an annual list of public documents issued by the |
40 | official, agency, board, or court; amending s. 283.31, |
41 | F.S.; defining the term "publication" for purposes of a |
42 | requirement that an executive agency maintain records of |
43 | certain publication costs; amending s. 283.55, F.S.; |
44 | revising the form used by each state agency for the |
45 | purpose of purging publication mailing lists; providing an |
46 | effective date. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
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50 | Section 1. Paragraph (a) of subsection (1) of section |
51 | 265.285, Florida Statutes, is amended to read: |
52 | 265.285 Florida Arts Council; membership, duties.-- |
53 | (1)(a) The Florida Arts Council is created in the |
54 | department as an advisory body, as defined in s. 20.03(7), to |
55 | consist of 15 members. Seven members shall be appointed by the |
56 | Governor, four members shall be appointed by the President of |
57 | the Senate, and four members shall be appointed by the Speaker |
58 | of the House of Representatives. The appointments, to be made in |
59 | consultation with the Secretary of State, shall recognize the |
60 | need for geographical representation. Council members appointed |
61 | by the Governor shall be appointed for 4-year terms beginning on |
62 | January 1 of the year of appointment. Council members appointed |
63 | by the President of the Senate and the Speaker of the House of |
64 | Representatives shall be appointed for 2-year terms beginning on |
65 | January 1 of the year of appointment. Council members serving on |
66 | July 1, 2002, may serve the remainder of their respective terms. |
67 | New appointments to the council shall not be made until the |
68 | retirement, resignation, removal, or expiration of the terms of |
69 | the initial members results in fewer than 15 members remaining. |
70 | As vacancies occur, the first appointment to the council shall |
71 | be made by the Governor. The President of the Senate, the |
72 | Speaker of the House of Representatives, and the Governor, |
73 | respectively, shall then alternate appointments until the |
74 | council is composed as required herein. A No member of the |
75 | council who serves two 4-year terms or two 2-year terms is not |
76 | will be eligible for reappointment for 1 year during a 1-year |
77 | period following the expiration of the member's second term. A |
78 | member whose term has expired shall continue to serve on the |
79 | council until such time as a replacement is appointed. Any |
80 | vacancy on the council shall be filled for the remainder of the |
81 | unexpired term in the same manner as for the original |
82 | appointment. Members should have a substantial history of |
83 | community service in the performing or visual arts, which |
84 | includes, but is not limited to, theatre, dance, folk arts, |
85 | music, architecture, photography, and literature. In addition, |
86 | it is desirable that members have successfully served on boards |
87 | of cultural institutions such as museums and performing arts |
88 | centers or are recognized as patrons of the arts. |
89 | Section 2. Subsections (4) and (5) of section 265.606, |
90 | Florida Statutes, are amended, present subsections (6) and (7) |
91 | are renumbered as subsections (8) and (9), respectively, and new |
92 | subsections (6) and (7) are added to that section, to read: |
93 | 265.606 Cultural Endowment Program; administration; |
94 | qualifying criteria; matching fund program levels; |
95 | distribution.-- |
96 | (4) Once the secretary has determined that the sponsoring |
97 | organization has complied with the criteria imposed by this |
98 | section, he or she may authorize the transfer of the appropriate |
99 | state matching funds to the organization. However, the secretary |
100 | shall ensure that the local group has made prudent arrangements |
101 | for the trusteeship of the entire endowment, and such |
102 | trusteeship is hereby created. The sponsoring organization may |
103 | then expend moneys in the endowment program fund, subject to the |
104 | following requirements: |
105 | (a) The organization may expend funds only for operating |
106 | costs incurred while engaged in programs directly related to |
107 | cultural activities. |
108 | (b) The organization shall annually submit a report to the |
109 | division, in such form as the division specifies, explaining how |
110 | endowment program funds were utilized. |
111 | (c) Any contract administered under this section shall |
112 | require the local sponsoring organization to submit to the |
113 | division an annual postaudit of its financial accounts conducted |
114 | by an independent certified public accountant. |
115 | (5) The $240,000 state matching fund endowment for each |
116 | individual endowment shall be returned revert to the state, |
117 | shall be deposited into the Florida Fine Arts Trust Fund, and |
118 | shall be awarded to the first organization on the Cultural |
119 | Endowment Program priority list pursuant to subsection (9) that |
120 | has not previously received a cultural endowment in the most |
121 | current fiscal year funding cycle General Revenue Fund if any of |
122 | the following events occurs: |
123 | (a) The recipient sponsoring organization is no longer |
124 | able to manage an endowment ceases operations. |
125 | (b) The recipient sponsoring organization files for |
126 | protection under federal bankruptcy provisions. |
127 | (c) The recipient sponsoring organization willfully |
128 | expends a portion of the endowment principal of any individual |
129 | endowment. |
130 | (6) In the event an endowment is returned to the state |
131 | under subsection (5), authority to disburse funds shall be |
132 | subject to the notice and review procedures set forth in s. |
133 | 216.177. |
134 | (7) If there is no qualified organization on the Cultural |
135 | Endowment Program priority list, returned funds shall revert to |
136 | the General Revenue Fund at the end of the fiscal year. |
137 | Section 3. Paragraph (d) of subsection (5) and paragraph |
138 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
139 | amended to read: |
140 | 267.174 Discovery of Florida Quincentennial Commemoration |
141 | Commission.-- |
142 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
143 | (d) The initial meeting of the commission shall be held no |
144 | later than July 31, 2008 January 31, 2007. Subsequent meetings |
145 | shall be held upon the call of the chair or vice chair acting in |
146 | the absence of the chair, and in accordance with the |
147 | commission's bylaws. |
148 | (7) DUTIES; MASTER PLAN.-- |
149 | (c) The commission shall establish a timetable and budget |
150 | for completion for all parts of the master plan which shall be |
151 | made a part of the plan. An initial draft of the plan shall be |
152 | completed and submitted to the Governor, the President of the |
153 | Senate, the Speaker of the House of Representatives, and the |
154 | Secretary of State by May 2009 January 2008 with the completed |
155 | master plan submitted to such officials by May 2010 January |
156 | 2009. |
157 | Section 4. Section 272.129, Florida Statutes, is amended |
158 | to read: |
159 | 272.129 Florida Historic Capitol; space allocation; |
160 | maintenance, repair, and security.-- |
161 | (1) The Legislature Department of State shall ensure |
162 | assure that all space in the Florida Historic Capitol is |
163 | restored in a manner consistent with the 1902 form and made |
164 | available for allocation. Notwithstanding the provisions of ss. |
165 | 255.249 and 272.04 that relate to space allocation in state- |
166 | owned buildings, the President of the Senate and the Speaker of |
167 | the House of Representatives shall have responsibility and |
168 | authority for the allocation of all space in the restored |
169 | Florida Historic Capitol, provided: |
170 | (a) The rotunda, corridors, Senate chamber, House of |
171 | Representatives chamber, and Supreme Court chamber shall not be |
172 | used as office space. |
173 | (b) The Legislature Department of State shall be allocated |
174 | sufficient space for program and administrative functions |
175 | relating to the preservation, museum, and cultural programs of |
176 | the Legislature department. |
177 | (2) The Florida Historic Capitol shall be maintained in |
178 | accordance with good historic preservation practices as |
179 | specified in the National Park Service Preservation Briefs and |
180 | the Secretary of the Interior's Standards for Rehabilitation and |
181 | Guidelines for Rehabilitating Historic Buildings. |
182 | (3)(2) Custodial and preventive maintenance and, repair, |
183 | and security of the entire Historic Capitol and the grounds |
184 | located adjacent thereto shall be the responsibility of the |
185 | Department of Management Services, subject to the special |
186 | requirements of the building as determined by the Capitol |
187 | Curator. |
188 | Section 5. Section 272.135, Florida Statutes, is amended |
189 | to read: |
190 | 272.135 Florida Historic Capitol Curator.-- |
191 | (1) The position of Capitol Curator is created within the |
192 | Legislature Department of State, which shall establish the |
193 | qualifications for the position. The curator shall be appointed |
194 | by and serve at the pleasure of the President of the Senate and |
195 | the Speaker of the House of Representatives Secretary of State. |
196 | (2) The Capitol Curator shall: |
197 | (a) Promote and encourage throughout the state knowledge |
198 | and appreciation of the Florida Historic Capitol. |
199 | (b) Collect, research, exhibit, interpret, preserve, and |
200 | protect the history, artifacts, objects, furnishings, and other |
201 | materials related to the Florida Historic Capitol, except for |
202 | archaeological research and resources. |
203 | (c) Develop, direct, supervise, and maintain the interior |
204 | design and furnishings of all space within the Florida Historic |
205 | Capitol in a manner consistent with the restoration of the |
206 | Florida Historic Capitol in its 1902 form. |
207 | (3) The Department of State shall promulgate rules to |
208 | implement this section. |
209 | Section 6. Subsections (1) and (2) of section 607.193, |
210 | Florida Statutes, are amended to read: |
211 | 607.193 Supplemental corporate fee.-- |
212 | (1) In addition to any other taxes imposed by law, an |
213 | annual supplemental corporate fee of $88.75 is imposed on each |
214 | business entity that is authorized to transact business in this |
215 | state and is required to file an annual report with the |
216 | Department of State under s. 607.1622, s. 608.452, or s. |
217 | 620.1210 620.177. |
218 | (2)(a) The business entity shall remit the supplemental |
219 | corporate fee to the Department of State at the time it files |
220 | the annual report required by s. 607.1622, s. 608.452, or s. |
221 | 620.1210 620.177. |
222 | (b) In addition to the fees levied under ss. 607.0122, |
223 | 608.452, and 620.1109 620.182 and the supplemental corporate |
224 | fee, a late charge of $400 shall be imposed if the supplemental |
225 | corporate fee is remitted after May 1 except in circumstances in |
226 | which a business entity did not receive the uniform business |
227 | report prescribed by the department. |
228 | Section 7. Subsection (2) of section 257.05, Florida |
229 | Statutes, is amended to read: |
230 | 257.05 Public documents; delivery to, and distribution by, |
231 | division.-- |
232 | (2)(a) Each state official, state department, state board, |
233 | state court, or state agency issuing public documents shall |
234 | furnish the Division of Library and Information Services of the |
235 | Department of State 35 copies of each of those public documents, |
236 | as issued, for deposit in and distribution by the division. |
237 | However, if the division so requests, as many as 15 additional |
238 | copies of each public document shall be supplied to it. |
239 | (b) If any state official, state department, state board, |
240 | state court, or state agency has fewer than 40 copies of any |
241 | public document, it shall supply the division with 2 copies of |
242 | each such public document for deposit in the State Library. |
243 | (c) By December 31 of each year, any state official, state |
244 | department, state board, state court, or state agency issuing |
245 | public documents shall furnish to the division a list of all |
246 | public documents, including each publication that is on the |
247 | agency's website, issued by the official, department, board, |
248 | court, or agency during that calendar year. |
249 | (d)(c) As issued, daily journals and bound journals of |
250 | each house of the Legislature; slip laws and bound session laws, |
251 | both general and special; and Florida Statutes and supplements |
252 | thereto shall be furnished to the division by the state |
253 | official, department, or agency having charge of their |
254 | distribution. The number of copies furnished shall be determined |
255 | by requests of the division, which number in no case may exceed |
256 | 35 copies of the particular publication. |
257 | Section 8. Section 283.31, Florida Statutes, is amended to |
258 | read: |
259 | 283.31 Records of executive agency publications.--Each |
260 | agency shall maintain a record of any publication, as defined in |
261 | s. 257.05, the printing of which costs in excess of the |
262 | threshold amount provided in s. 287.017 for CATEGORY THREE, at |
263 | least part of which is paid for by state funds appropriated by |
264 | the Legislature. Such record shall also contain the following: |
265 | written justification of the need for such publication, purpose |
266 | of such publication, legislative or administrative authority, |
267 | sources of funding, frequency and number of issues, and reasons |
268 | for deciding to have the publication printed in-house, by |
269 | another agency or the Legislature, or purchased on bid. In |
270 | addition, such record shall contain the comparative costs of |
271 | alternative printing methods when such costs were a factor in |
272 | deciding upon a method. The record of the corporation operating |
273 | the correctional industry printing program shall include the |
274 | cost of materials used, the cost of labor, the cost of overhead, |
275 | the amount of profit made by the corporation for such printing, |
276 | and whether the state agencies that contract with the |
277 | corporation for printing are prudently determining the price |
278 | paid for such printing. |
279 | Section 9. Section 283.55, Florida Statutes, is amended to |
280 | read: |
281 | 283.55 Purging of publication mailing lists.-- |
282 | (1) By March 1 of each odd-numbered year, every agency |
283 | shall survey the addresses on each of its publication mailing |
284 | lists by providing each addressee the following form, which must |
285 | also disclose whether the publication is available on the |
286 | agency's website: |
287 | ...(Name of publication)... |
288 | Please choose one of the following options: |
289 | [] I would like to receive this publication in hard copy |
290 | format. |
291 | [] I would like to receive this publication in electronic |
292 | format. My e-mail address is:__________. |
293 | [] I do not wish to receive this publication. |
294 | Do you wish to continue receiving this publication? |
295 | Yes____ No____ |
296 | Should your response to this survey not be received by |
297 | April 30, your name will be automatically purged from our |
298 | mailing list. Those addressees who respond shall be maintained |
299 | or removed from such mailing list in accordance with the |
300 | responses. Those addressees not responding by April 30 of such |
301 | odd-numbered year shall be automatically purged from such |
302 | mailing list. Agencies are prohibited from supplying addressees |
303 | with postpaid response forms. |
304 | (2) The provisions of this section apply to any agency, |
305 | except a state university or an agency the mailing list of which |
306 | consists only of those persons registered with or licensed by |
307 | the agency and the registration or license fee of which includes |
308 | payment by the registrants or licensees as subscribers for the |
309 | publication of the agency. |
310 | Section 10. This act shall take effect July 1, 2006. |