HB 851

1
A bill to be entitled
2An act relating to historic preservation; creating s.
3267.1735, F.S.; providing goals for contracting with the
4University of Florida for management of certain state-
5owned properties; requiring agreement of all parties to
6contracts for management of such properties and the
7University of Florida; rescinding existing contracts upon
8execution of contract between the University of Florida
9and the Board of Trustees of the Internal Improvement
10Trust Fund; specifying use of proceeds derived from the
11management of such properties; authorizing transfer and
12ownership of certain artifacts, documents, and properties
13to the university; providing for transfer of records,
14property, and funds to the university; specifying certain
15powers and duties of the University of Florida; providing
16that the university may contract with its direct-support
17organization to perform all acts necessary to assist the
18university in carrying out its historic preservation and
19historic education responsibilities; delineating certain
20powers; authorizing contracting without competitive
21bidding under certain circumstances; providing eligibility
22to match state funds in the Trust Fund for University
23Major Gifts; creating s. 267.1736, F.S.; requiring the
24authorization of a direct-support organization to assist
25the university in historic preservation and historic
26preservation education purposes and responsibilities;
27providing purposes and duties of the direct-support
28organization; providing for a board of directors;
29providing membership requirements; delineating contract
30and other governance requirements; repealing s. 267.171,
31F.S., relating to contract with the City of St. Augustine
32for the management of certain state-owned properties,
33contingent on execution of a specified contract; providing
34an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Section 267.1735, Florida Statutes, is created
39to read:
40     267.1735  Historic preservation in St. Augustine; goals;
41contracts for historic preservation; powers and duties.--
42     (1)  The goal for contracting with the University of
43Florida is to ensure long-term preservation and interpretation
44of state-owned historic properties in St. Augustine while
45facilitating an educational program at the University of Florida
46that will be responsive to the state's needs for professionals
47in historic preservation, archaeology, cultural resource
48management, cultural tourism, and museum administration and will
49help meet needs of St. Augustine and the state through
50educational internships and practicums.
51     (2)(a)  Upon agreement by all parties to the contracts for
52the management of the various state-owned properties presently
53subleased to and managed by the City of St. Augustine and by the
54University of Florida to assume the management of those
55properties, all existing management contracts shall be rescinded
56upon execution of a contract between the Board of Trustees of
57the Internal Improvement Trust Fund and the University of
58Florida for the management of those properties.
59     (b)  The contract shall provide that the University of
60Florida shall use all proceeds derived from the management of
61these state-owned properties for the purpose of advancing
62historic preservation.
63     (3)  The Board of Trustees of the Internal Improvement
64Trust Fund may transfer ownership and responsibility of any
65artifacts, documents, equipment, and other forms of tangible
66personal property to the University of Florida to assist the
67university in the transition of the management of the state-
68owned properties. All records, property, and unexpended balances
69of appropriations, allocations, or other funds associated with
70the state-owned properties shall be transferred to the
71University of Florida to be used for its historic preservation
72activities and responsibilities as provided in the contract with
73the Board of Trustees of the Internal Improvement Trust Fund.
74The transfer of segregated funds must be made in such a manner
75that the relation between program and revenue source as provided
76by law is retained.
77     (4)(a)  The University of Florida is the governing body for
78the management and maintenance of state-owned properties
79contracted by this section and shall exercise those powers
80delegated to it by contract as well as perform all lawful acts
81necessary, convenient, and incident to the effectuating of its
82function and purpose under this section and s. 267.1736. The
83University of Florida may contract with its direct-support
84organization described in s. 267.1736 to perform all acts that
85are lawful and permitted for not-for-profit corporations under
86chapter 617 in assisting the university in carrying out its
87historic preservation and historic preservation education
88responsibilities.
89     (b)  The university or its direct-support organization, if
90permitted in its contract with the university, shall have the
91power to engage in any lawful business or activity to establish,
92maintain, and operate the state-owned facilities and properties
93under contract with the Board of Trustees of the Internal
94Improvement Trust Fund, including, but not limited to:
95     1.  The renting or leasing for revenue of any land,
96improved or restored real estate, or personal property directly
97related to carrying out the purposes for historic preservation
98under terms and conditions of the contract with the Board of
99Trustees of the Internal Improvement Trust Fund and deemed by
100the university to be in the best interest of the state.
101     2.  The selling of craft products created through the
102operation and demonstration of historical museums, craft shops,
103and other facilities.
104     3.  The limited selling of merchandise relating to the
105historical and antiquarian period of St. Augustine and its
106surrounding territory and the historical period of East Florida
107from the Apalachicola River to the eastern boundaries of the
108state.
109     (c)  The university or its direct-support organization, if
110permitted in its contract with the university, shall have the
111authority to:
112     1.  Enter into agreements to accept credit card payments as
113compensation and establish accounts in credit card banks for the
114deposit of credit card sales invoices.
115     2.  Fix and collect charges for admission to any of the
116state-owned facilities under contract with the Board of Trustees
117of the Internal Improvement Trust Fund.
118     3.  Permit the acceptance of tour vouchers issued by tour
119organizations or travel agents for payment of admissions.
120     4.  Adopt and enforce reasonable rules to govern the
121conduct of the visiting public.
122     (5)  Notwithstanding the provisions of s. 287.057, the
123University of Florida or its direct-support organization may
124enter into contracts or agreements with or without competitive
125bidding, in its discretion, for the protection or preservation
126of historic properties.
127     (6)  Notwithstanding s. 273.055, the University of Florida
128may exchange, sell, or otherwise transfer any artifact,
129document, equipment, and other form of tangible personal
130property if its direct-support organization recommends such
131exchange, sale, or transfer to the president of the university
132and if it is determined that the object is no longer appropriate
133for the purpose of advancing historic preservation. However, any
134artifacts, documents, or other forms of tangible personal
135property that have intrinsic historical or archaeological value
136relating to the history, government, or culture of the state may
137not be exchanged, sold, or otherwise transferred without prior
138authorization from the Department of State.
139     (7)  Notwithstanding any other provision of law, the
140University of Florida and its direct-support organization are
141eligible to match state funds in the Trust Fund for University
142Major Gifts established in s. 1011.94.
143     Section 2.  Section 267.1736, Florida Statutes, is created
144to read:
145     267.1736  Direct-support organization.--
146     (1)  The University of Florida shall authorize a
147direct-support organization to assist the university in carrying
148out its dual historic preservation and historic preservation
149education purposes and responsibilities for the City of St.
150Augustine, St. Johns County, and the state under s. 267.1735 by
151raising money; submitting requests for and receiving grants from
152the Federal Government, the state or its political subdivisions,
153private foundations, and individuals; receiving, holding,
154investing, and administering property; and making expenditures
155to or for the benefit of the university. The sole purpose for
156the direct-support organization is to support the historic
157preservation efforts and historic preservation education
158programs and initiatives of the university. Such a direct-
159support organization is an organization that is:
160     (a)  Incorporated under the provisions of chapter 617 and
161approved by the Department of State as a Florida corporation not
162for profit;
163     (b)  Organized and operated to receive, hold, invest, and
164administer property and to make expenditures to or for the
165benefit of the university; and
166     (c)  Approved by the university to be operating for the
167benefit of and in a manner consistent with the goals of the
168university and in the best interest of the state.
169     (2)  The number of the board of directors of the direct-
170support organization shall be determined by the president of the
171university. Membership on the board of directors of the direct-
172support organization shall include the professional expertise
173needed to ensure that the university is meeting its dual
174purposes of historic preservation and historic preservation
175education. Such membership shall include, but not be limited to,
176a licensed architect who has expertise in historic preservation
177and architectural history, a professional historian in the field
178of American history, and a professional archaeologist. All board
179members must have demonstrated interest in the preservation of
180Florida's historical and archaeological heritage. Membership on
181the board of directors must be representative of the areas of
182the state served by the direct-support organization and the
183university in its preservation efforts. The president of the
184university, or the president's designee, shall serve as a member
185of the board of directors.
186     (3)  The direct-support organization shall operate under
187written contract with the university. The contract must provide
188for:
189     (a)  Approval of the articles of incorporation and bylaws
190of the direct-support organization by the university.
191     (b)  Submission of an annual budget for the approval of the
192university. The budget must comply with rules adopted by the
193university.
194     (c)  Certification by the university that the direct-
195support organization is complying with the terms of the contract
196and in a manner consistent with the historic preservation goals
197and purposes of the university and in the best interest of the
198state. Such certification must be made annually by the
199university and reported in the official minutes of a meeting of
200the university.
201     (d)  The reversion to the university, or the state if the
202university ceases to exist, of moneys and property held in trust
203by the direct-support organization for the benefit of the
204university if the direct-support organization is no longer
205approved to operate for the university or if the university
206ceases to exist.
207     (e)  The fiscal year of the direct-support organization,
208which must begin July 1 of each year and end June 30 of the
209following year.
210     (f)  The disclosure of material provisions of the contract
211and the distinction between the University of Florida and the
212direct-support organization to donors of gifts, contributions,
213or bequests, as well as on all promotional and fundraising
214publications.
215     (4)  The university may authorize a direct-support
216organization to use its property (except money), facilities, and
217personal services, subject to the provisions of this section and
218s. 1004.28. A direct-support organization that does not provide
219equal employment opportunities to all persons regardless of
220race, color, religion, sex, age, or national origin may not use
221the property, facilities, or personal services of the
222university. For the purposes of this subsection, the term
223"personal services" includes full-time personnel and part-time
224personnel as well as payroll processing.
225     (5)  The university shall establish policies and may adopt
226rules pursuant to s. 1004.28 prescribing the procedures by which
227the direct-support organization is governed and any conditions
228with which a direct-support organization must comply to use
229property, facilities, or personal services of the university.
230     (6)  Any moneys may be held in a separate depository
231account in the name of the direct-support organization and
232subject to the provisions of the contract with the university.
233Such moneys may include lease income, admissions income,
234membership fees, private donations, income derived from
235fundraising activities, and grants applied for and received by
236the direct-support organization.
237     (7)  The direct-support organization shall provide for an
238annual financial audit in accordance with s. 1004.28.
239     (8)  Provisions governing direct-support organizations in
240s. 1004.28 and not provided in this section shall apply to the
241direct-support organization.
242     Section 3.  Upon execution of a contract between the Board
243of Trustees of the Internal Improvement Trust Fund and the
244University of Florida for the management of state-owned
245properties currently managed by the City of St. Augustine under
246contract with the Department of State, section 267.171, Florida
247Statutes, is repealed.
248     Section 4.  This act shall take effect July 1, 2007.


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