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