HB 7031

1
A bill to be entitled
2An act relating to the Department of State; amending s.
3265.285, F.S.; clarifying terms of appointment to the
4Florida Arts Council; removing obsolete language; amending
5s. 265.606, F.S.; deleting a requirement for local
6sponsoring organizations to submit an annual postaudit to
7the Division of Cultural Affairs under certain
8circumstances; providing for deposit of the state's
9matching share of cultural endowment to the Florida Fine
10Arts Trust Fund rather than reversion to the General
11Revenue Fund; requiring that authority to disburse funds
12is subject to notice and review procedures; providing for
13reversion of funds to the General Revenue Fund under
14certain circumstances; amending s. 267.174, F.S.; changing
15the dates for the first meeting of the Discovery of
16Florida Quincentennial Commemoration Commission, the
17completion of the initial draft of a specified master
18plan, and the submission of the completed master plan;
19amending s. 272.129, F.S.; transferring responsibility for
20the Florida Historic Capitol from the Department of State
21to the Legislature; providing for allocation of certain
22space for preservation, museum, and cultural programs of
23the Legislature; requiring the maintenance of the Florida
24Historic Capitol pursuant to certain historic preservation
25standards and guidelines; removing responsibility of the
26Department of Management Services for security of the
27Historic Capitol and adjacent grounds; amending s.
28272.135, F.S.; requiring the Capitol Curator to be
29appointed by the President of the Senate and the Speaker
30of the House of Representatives; deleting rulemaking
31authority of the Department of State to conform; amending
32s. 607.193, F.S.; correcting references to repealed
33sections of Florida Statutes within provisions relating to
34the annual supplemental corporate fee imposed on each
35business entity authorized to transact business in this
36state; amending s. 257.05, F.S.; requiring that each state
37official, agency, board, and court provide to the Division
38of Library and Information Services of the Department of
39State an annual list of public documents issued by the
40official, agency, board, or court; amending s. 283.31,
41F.S.; defining the term "publication" for purposes of a
42requirement that an executive agency maintain records of
43certain publication costs; amending s. 283.55, F.S.;
44revising the form used by each state agency for the
45purpose of purging publication mailing lists; providing an
46effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Paragraph (a) of subsection (1) of section
51265.285, 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
54department as an advisory body, as defined in s. 20.03(7), to
55consist of 15 members. Seven members shall be appointed by the
56Governor, four members shall be appointed by the President of
57the Senate, and four members shall be appointed by the Speaker
58of the House of Representatives. The appointments, to be made in
59consultation with the Secretary of State, shall recognize the
60need for geographical representation. Council members appointed
61by the Governor shall be appointed for 4-year terms beginning on
62January 1 of the year of appointment. Council members appointed
63by the President of the Senate and the Speaker of the House of
64Representatives shall be appointed for 2-year terms beginning on
65January 1 of the year of appointment. Council members serving on
66July 1, 2002, may serve the remainder of their respective terms.
67New appointments to the council shall not be made until the
68retirement, resignation, removal, or expiration of the terms of
69the initial members results in fewer than 15 members remaining.
70As vacancies occur, the first appointment to the council shall
71be made by the Governor. The President of the Senate, the
72Speaker of the House of Representatives, and the Governor,
73respectively, shall then alternate appointments until the
74council is composed as required herein. A No member of the
75council who serves two 4-year terms or two 2-year terms is not
76will be eligible for reappointment for 1 year during a 1-year
77period following the expiration of the member's second term. A
78member whose term has expired shall continue to serve on the
79council until such time as a replacement is appointed. Any
80vacancy on the council shall be filled for the remainder of the
81unexpired term in the same manner as for the original
82appointment. Members should have a substantial history of
83community service in the performing or visual arts, which
84includes, but is not limited to, theatre, dance, folk arts,
85music, architecture, photography, and literature. In addition,
86it is desirable that members have successfully served on boards
87of cultural institutions such as museums and performing arts
88centers or are recognized as patrons of the arts.
89     Section 2.  Subsections (4) and (5) of section 265.606,
90Florida Statutes, are amended, present subsections (6) and (7)
91are renumbered as subsections (8) and (9), respectively, and new
92subsections (6) and (7) are added to that section, to read:
93     265.606  Cultural Endowment Program; administration;
94qualifying criteria; matching fund program levels;
95distribution.--
96     (4)  Once the secretary has determined that the sponsoring
97organization has complied with the criteria imposed by this
98section, he or she may authorize the transfer of the appropriate
99state matching funds to the organization. However, the secretary
100shall ensure that the local group has made prudent arrangements
101for the trusteeship of the entire endowment, and such
102trusteeship is hereby created. The sponsoring organization may
103then expend moneys in the endowment program fund, subject to the
104following requirements:
105     (a)  The organization may expend funds only for operating
106costs incurred while engaged in programs directly related to
107cultural activities.
108     (b)  The organization shall annually submit a report to the
109division, in such form as the division specifies, explaining how
110endowment program funds were utilized.
111     (c)  Any contract administered under this section shall
112require the local sponsoring organization to submit to the
113division an annual postaudit of its financial accounts conducted
114by an independent certified public accountant.
115     (5)  The $240,000 state matching fund endowment for each
116individual endowment shall be returned revert to the state,
117shall be deposited into the Florida Fine Arts Trust Fund, and
118shall be awarded to the first organization on the Cultural
119Endowment Program priority list pursuant to subsection (9) that
120has not previously received a cultural endowment in the most
121current fiscal year funding cycle General Revenue Fund if any of
122the following events occurs:
123     (a)  The recipient sponsoring organization is no longer
124able to manage an endowment ceases operations.
125     (b)  The recipient sponsoring organization files for
126protection under federal bankruptcy provisions.
127     (c)  The recipient sponsoring organization willfully
128expends a portion of the endowment principal of any individual
129endowment.
130     (6)  In the event an endowment is returned to the state
131under subsection (5), authority to disburse funds shall be
132subject to the notice and review procedures set forth in s.
133216.177.
134     (7)  If there is no qualified organization on the Cultural
135Endowment Program priority list, returned funds shall revert to
136the 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
139amended to read:
140     267.174  Discovery of Florida Quincentennial Commemoration
141Commission.--
142     (5)  OFFICERS; BYLAWS; MEETINGS.--
143     (d)  The initial meeting of the commission shall be held no
144later than July 31, 2008 January 31, 2007. Subsequent meetings
145shall be held upon the call of the chair or vice chair acting in
146the absence of the chair, and in accordance with the
147commission's bylaws.
148     (7)  DUTIES; MASTER PLAN.--
149     (c)  The commission shall establish a timetable and budget
150for completion for all parts of the master plan which shall be
151made a part of the plan. An initial draft of the plan shall be
152completed and submitted to the Governor, the President of the
153Senate, the Speaker of the House of Representatives, and the
154Secretary of State by May 2009 January 2008 with the completed
155master plan submitted to such officials by May 2010 January
1562009.
157     Section 4.  Section 272.129, Florida Statutes, is amended
158to read:
159     272.129  Florida Historic Capitol; space allocation;
160maintenance, repair, and security.--
161     (1)  The Legislature Department of State shall ensure
162assure that all space in the Florida Historic Capitol is
163restored in a manner consistent with the 1902 form and made
164available for allocation. Notwithstanding the provisions of ss.
165255.249 and 272.04 that relate to space allocation in state-
166owned buildings, the President of the Senate and the Speaker of
167the House of Representatives shall have responsibility and
168authority for the allocation of all space in the restored
169Florida Historic Capitol, provided:
170     (a)  The rotunda, corridors, Senate chamber, House of
171Representatives chamber, and Supreme Court chamber shall not be
172used as office space.
173     (b)  The Legislature Department of State shall be allocated
174sufficient space for program and administrative functions
175relating to the preservation, museum, and cultural programs of
176the Legislature department.
177     (2)  The Florida Historic Capitol shall be maintained in
178accordance with good historic preservation practices as
179specified in the National Park Service Preservation Briefs and
180the Secretary of the Interior's Standards for Rehabilitation and
181Guidelines for Rehabilitating Historic Buildings.
182     (3)(2)  Custodial and preventive maintenance and, repair,
183and security of the entire Historic Capitol and the grounds
184located adjacent thereto shall be the responsibility of the
185Department of Management Services, subject to the special
186requirements of the building as determined by the Capitol
187Curator.
188     Section 5.  Section 272.135, Florida Statutes, is amended
189to read:
190     272.135  Florida Historic Capitol Curator.--
191     (1)  The position of Capitol Curator is created within the
192Legislature Department of State, which shall establish the
193qualifications for the position. The curator shall be appointed
194by and serve at the pleasure of the President of the Senate and
195the Speaker of the House of Representatives Secretary of State.
196     (2)  The Capitol Curator shall:
197     (a)  Promote and encourage throughout the state knowledge
198and appreciation of the Florida Historic Capitol.
199     (b)  Collect, research, exhibit, interpret, preserve, and
200protect the history, artifacts, objects, furnishings, and other
201materials related to the Florida Historic Capitol, except for
202archaeological research and resources.
203     (c)  Develop, direct, supervise, and maintain the interior
204design and furnishings of all space within the Florida Historic
205Capitol in a manner consistent with the restoration of the
206Florida Historic Capitol in its 1902 form.
207     (3)  The Department of State shall promulgate rules to
208implement this section.
209     Section 6.  Subsections (1) and (2) of section 607.193,
210Florida Statutes, are amended to read:
211     607.193  Supplemental corporate fee.--
212     (1)  In addition to any other taxes imposed by law, an
213annual supplemental corporate fee of $88.75 is imposed on each
214business entity that is authorized to transact business in this
215state and is required to file an annual report with the
216Department of State under s. 607.1622, s. 608.452, or s.
217620.1210 620.177.
218     (2)(a)  The business entity shall remit the supplemental
219corporate fee to the Department of State at the time it files
220the annual report required by s. 607.1622, s. 608.452, or s.
221620.1210 620.177.
222     (b)  In addition to the fees levied under ss. 607.0122,
223608.452, and 620.1109 620.182 and the supplemental corporate
224fee, a late charge of $400 shall be imposed if the supplemental
225corporate fee is remitted after May 1 except in circumstances in
226which a business entity did not receive the uniform business
227report prescribed by the department.
228     Section 7.  Subsection (2) of section 257.05, Florida
229Statutes, is amended to read:
230     257.05  Public documents; delivery to, and distribution by,
231division.--
232     (2)(a)  Each state official, state department, state board,
233state court, or state agency issuing public documents shall
234furnish the Division of Library and Information Services of the
235Department of State 35 copies of each of those public documents,
236as issued, for deposit in and distribution by the division.
237However, if the division so requests, as many as 15 additional
238copies of each public document shall be supplied to it.
239     (b)  If any state official, state department, state board,
240state court, or state agency has fewer than 40 copies of any
241public document, it shall supply the division with 2 copies of
242each such public document for deposit in the State Library.
243     (c)  By December 31 of each year, any state official, state
244department, state board, state court, or state agency issuing
245public documents shall furnish to the division a list of all
246public documents, including each publication that is on the
247agency's website, issued by the official, department, board,
248court, or agency during that calendar year.
249     (d)(c)  As issued, daily journals and bound journals of
250each house of the Legislature; slip laws and bound session laws,
251both general and special; and Florida Statutes and supplements
252thereto shall be furnished to the division by the state
253official, department, or agency having charge of their
254distribution. The number of copies furnished shall be determined
255by requests of the division, which number in no case may exceed
25635 copies of the particular publication.
257     Section 8.  Section 283.31, Florida Statutes, is amended to
258read:
259     283.31  Records of executive agency publications.--Each
260agency shall maintain a record of any publication, as defined in
261s. 257.05, the printing of which costs in excess of the
262threshold amount provided in s. 287.017 for CATEGORY THREE, at
263least part of which is paid for by state funds appropriated by
264the Legislature. Such record shall also contain the following:  
265written justification of the need for such publication, purpose
266of such publication, legislative or administrative authority,
267sources of funding, frequency and number of issues, and reasons
268for deciding to have the publication printed in-house, by
269another agency or the Legislature, or purchased on bid.  In
270addition, such record shall contain the comparative costs of
271alternative printing methods when such costs were a factor in
272deciding upon a method. The record of the corporation operating
273the correctional industry printing program shall include the
274cost of materials used, the cost of labor, the cost of overhead,
275the amount of profit made by the corporation for such printing,
276and whether the state agencies that contract with the
277corporation for printing are prudently determining the price
278paid for such printing.
279     Section 9.  Section 283.55, Florida Statutes, is amended to
280read:
281     283.55  Purging of publication mailing lists.--
282     (1)  By March 1 of each odd-numbered year, every agency
283shall survey the addresses on each of its publication mailing
284lists by providing each addressee the following form, which must
285also disclose whether the publication is available on the
286agency'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
290format.
291     [] I would like to receive this publication in electronic
292format. My e-mail address is:__________.
293     [] I do not wish to receive this publication.
294     Do you wish to continue receiving this publication?
295Yes____ No____
296     Should your response to this survey not be received by
297April 30, your name will be automatically purged from our
298mailing list. Those addressees who respond shall be maintained
299or removed from such mailing list in accordance with the
300responses. Those addressees not responding by April 30 of such
301odd-numbered year shall be automatically purged from such
302mailing list. Agencies are prohibited from supplying addressees
303with postpaid response forms.
304     (2)  The provisions of this section apply to any agency,
305except a state university or an agency the mailing list of which
306consists only of those persons registered with or licensed by
307the agency and the registration or license fee of which includes
308payment by the registrants or licensees as subscribers for the
309publication of the agency.  
310     Section 10.  This act shall take effect July 1, 2006.


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