| 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 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 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. |