HB 429

1
A bill to be entitled
2An act relating to the Florida African-American Culture
3and Heritage Initiative; creating s. 267.175, F.S.;
4creating the Florida African-American Culture and Heritage
5Initiative Commission within the Department of State for
6certain purposes; providing for commission membership;
7providing for terms of members; providing for successor
8appointment; providing for election of officers; requiring
9the commission to adopt bylaws; providing for commission
10meetings; specifying serving without compensation;
11providing for per diem and travel expenses; requiring the
12commission to develop a plan for certain purposes;
13requiring a report to the Governor and the Legislature;
14providing responsibilities of the department; authorizing
15the appointment of committees and subcommittees; requiring
16the commission to provide advice and assistance to the
17department regarding plan implementation and activities of
18a citizen support organization; describing the Florida
19African-American Culture and Heritage Initiative;
20specifying duties and goals of the initiative; authorizing
21the department to enter into contracts or accept loans or
22grants for money, property, or personal services to
23implement requirements; providing for the establishment of
24a citizen support organization for certain purposes;
25providing for legislative budget request; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 267.175, Florida Statutes, is created
31to read:
32     267.175  Florida African-American Culture and Heritage
33Initiative Commission.--
34     (1)  CREATION.--The Florida African-American Culture and
35Heritage Initiative Commission is created within the Department
36of State for the purposes of:
37     (a)  Broadening, deepening, and diversifying statewide
38participation in and appreciation of African-American arts,
39history, and culture;
40     (b)  Assisting educational institutions with incorporating
41African-American history and culture in the curriculum in
42accordance with state law; and
43     (c)  Fulfilling other duties and goals provided in the
44description of the Florida African-American Culture and Heritage
45Initiative in subsection (7).
46     (2)  MEMBERSHIP.--The commission shall consist of the
47following members:
48     (a)  Eleven members appointed as follows:
49     1.  Seven members appointed by, and serving at the pleasure
50of, the Governor.
51     2.  Two members appointed by, and serving at the pleasure
52of, the President of the Senate.
53     3.  Two members appointed by, and serving at the pleasure
54of, the Speaker of the House of Representatives.
55
56Appointees shall be representatives of the general public who
57represent a broad cross-section of the views and interests of
58the community and the member organizations of the commission,
59including educators, clergy, and civic and business leaders;
60philanthropists; visual, creative, and performing artists;
61representatives of African-American arts, history, and cultural
62organizations; and persons having knowledge of, expertise in, or
63commitment to preserving the state's African-American culture
64and heritage.
65     (b)  The Secretary of State or his or her designee.
66     (c)  The Commissioner of Education or his or her designee.
67     (d)  The executive director of the Office of Tourism,
68Trade, and Economic Development.
69     (e)  The chair of the Florida Historical Commission.
70     (f)  The chair of the Florida Arts Council.
71     (g)  The chair of the Board of Directors of Visit Florida
72or his or her designee.
73     (3)  TERMS; VACANCIES.--Each appointed member shall serve a
74term of 4 years and shall be eligible for reappointment. If a
75position becomes vacant, a successor shall be appointed in the
76manner of the original appointment for such position.
77     (4)  OFFICERS; BYLAWS; MEETINGS.--
78     (a)  The commission shall elect from among its members a
79chair, a vice chair, and such other officers as the commission
80deems necessary or expedient in the performance of its duties.
81Election of officers shall occur at the first meeting of the
82commission and every 4 years thereafter or sooner if a vacancy
83occurs.
84     (b)  A majority of the total membership shall constitute a
85quorum. No vacancy in the membership shall impair the right of a
86quorum to exercise all of the functions and duties of the
87commission. All action taken by the commission shall be by
88majority vote of those members present.
89     (c)  The commission shall adopt bylaws for the conduct of
90its business and shall have the power to amend and rescind its
91bylaws. The commission shall publish its bylaws in convenient
92form and shall file with the Department of State a copy of such
93bylaws and a copy of any amendment to such bylaws.
94     (d)  The initial meeting of the commission shall be held no
95later than October 1, 2007. Subsequent meetings shall be held
96upon the call of the chair or vice chair, acting in the absence
97of the chair, and in accordance with the commission's bylaws.
98     (e)  Records and meetings of the commission shall be
99subject to the provisions of chapters 119 and 286.
100     (5)  REIMBURSEMENT FOR EXPENSES.--Members shall serve
101without compensation, except that members are entitled to per
102diem and travel expenses pursuant to s. 112.061, incurred in the
103performance of their duties.
104     (6)  DUTIES.--
105     (a)  The commission shall develop a statewide plan for
106implementation of the initiative. The plan shall be developed to
107encourage and support participation in development of the plan
108and in its implementation by all interested groups throughout
109the state. The commission shall work with representatives from
110the state's tourism industries, cultural and historical venues,
111entertainment industry, K-20 educational institutions, local
112governments, state and federal agencies, and others as necessary
113in the preparation and implementation of the plan.
114     (b)  The commission shall submit the initial plan to the
115Governor, the President of the Senate, and the Speaker of the
116House of Representatives no later than January 1, 2009. An
117updated plan shall be presented no later than January 1 of each
118succeeding year.
119     (c)  The commission shall be responsible for providing such
120other assistance and advice to the department as may be required
121from time to time in matters pertaining to the implementation of
122the Florida African-American Culture and Heritage Initiative,
123including, but not limited to, activities of the citizen support
124organization created by this section for the purpose of raising
125funds and assisting in the development and implementation of the
126initiative.
127     (7)  FLORIDA AFRICAN-AMERICAN CULTURE AND HERITAGE
128INITIATIVE.--The Florida African-American Culture and Heritage
129Initiative shall be an alliance of organizations and
130institutions that comprise the African-American arts, history,
131and culture communities in this state for the purposes of the
132commission. The duties and goals of the initiative shall
133include, but not be limited to, the following:
134     (a)  Promoting understanding and appreciation of the
135history and artistic and cultural contributions of people of
136African descent;
137     (b)  Providing guidance, support, and resources for new and
138emerging African-American arts and historical groups and
139increasing the level of organizational capacity and program
140administration of established groups;
141     (c)  Increasing funding and audiences for local African-
142American culture and heritage tourism and enriching African-
143American culture and heritage tourism programming;
144     (d)  Increasing and attracting corporate sponsorship and
145participation in African-American culture and heritage
146programming and tourism;
147     (e)  Increasing opportunities for young people to learn
148about and experience African-American arts, history, and culture
149in schools and youth organizations;
150     (f)  Investing in future generations of African-American
151artists and historians by providing leadership development
152activities, apprenticeships, mentorship, scholarships, and
153cultural programs;
154     (g)  Enhancing computer and Internet access and usage
155within the African-American community; and
156     (h)  Ensuring the financial viability of the initiative
157through a network of community partners, advocates, and
158supporters, including, but not limited to celebrities,
159philanthropists, public officials, state and local leaders, and
160corporations.
161     (8)  RESPONSIBILITIES OF THE DEPARTMENT OF STATE.--
162     (a)  Subject to appropriation, the department shall provide
163administrative support and consulting services to the commission
164for the commission's activities and duties as provided in this
165section.
166     (b)  The Secretary of State may appoint subcommittees or
167advisory committees as requested by the commission, which may
168include persons who are not members of the commission. Such
169persons shall not be entitled to compensation but shall be
170reimbursed for necessary expenses incurred in the performance of
171their duties.
172     (c)  The Department of State may enter into contracts with,
173or accept loans or grants of money, property, or personal
174services from, any agency, corporation, or person to carry out
175the requirements of this section.
176     (d)1.  The Division of Historical Resources of the
177Department of State may support the establishment of a citizen
178support organization pursuant to s. 267.17 to assist the
179commission in carrying out the purposes of the commission and in
180attaining the goals of the initiative. The citizen support
181organization may receive funds from the general public or other
182public or private sources for the purpose of funding its
183activities and implementing the provisions of this section. In
184addition to funds received from the general public or other
185public and private sources, the organization may receive funds
186from state agencies at such times and in such amounts as may be
187appropriated by the Legislature. All funds received by the
188citizen support organization other than those necessary to pay
189the expenses of the commission shall be used exclusively for the
190establishment, support, and promotion of the Florida African-
191American Culture and Heritage Initiative.
192     2.  Costs to underwrite activities related to the
193commission administration and the activities of the commission
194to address its purposes outlined in this section may be borne
195from revenues raised by the citizen support organization.
196     (e)  The commission shall make recommendations for funding
197to the Secretary of State, and the department shall include
198requests for funding for the commission and for the plan in the
199department's legislative budget request, as the secretary deems
200appropriate.
201     Section 2.  This act shall take effect July 1, 2007.


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