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A bill to be entitled

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An act relating to the management of Historic Pensacola

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properties; amending s. 267.173, F.S.; providing for the

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University of West Florida to directly contract for

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management of certain state-owned properties in Pensacola;

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requiring agreement of all parties to existing contracts

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and execution of contract with the Board of Trustees of

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the Internal Improvement Trust Fund; deleting a

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requirement to contract with the Department of State for

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certain historic properties in Pensacola; deleting

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provisions related to transfer of properties and contract

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requirements with the Department of State; permitting the

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University of West Florida to contract with its direct-

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support organization for management of historic

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properties; providing eligibility for certain grants;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 267.173, Florida Statutes, is amended to

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read:

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     267.173  Historic preservation in West Florida; goals;

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contracts for historic preservation; powers and duties.--

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     (1) It is the goal of the state to continue for contracting

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with the University of West Florida is to ensure long-term

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preservation and interpretation of state-owned historic

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properties under the jurisdiction of the Historic Pensacola

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Preservation Board of Trustees while facilitating an educational

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program at the University of West Florida that will be responsive

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to the state's needs for professionals in historic preservation,

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archaeology, cultural resource management, and museum

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administration and will help meet needs of West Florida

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communities through educational internships and practicums.

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     (2) Upon agreement by all parties to the contracts

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Department of State shall contract with the University of West

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Florida for the management of the various state-owned properties

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managed by the Historic Pensacola Preservation Board of Trustees

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prior to July 1, 2001, all existing management contracts shall be

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rescinded upon execution of a contract between the Board of

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Trustees of the Internal Improvement Trust Fund and the

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University of West Florida for the management of those

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properties. The University of West Florida contract shall provide

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for that the University of West Florida shall use all proceeds

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derived from the management of these state-owned properties and

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may contract for such management with its direct-support

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organization as described in s. 267.1732. Any contract for the

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management of the properties shall provide that the University of

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West Florida or its direct-support organization shall use all

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proceeds derived from the management of the state-owned

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properties for the purposes purpose of advancing historic

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preservation, historic preservation research, and historic

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preservation education.

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     (3) The Board of Trustees of the Internal Improvement Trust

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Fund Department of State may transfer ownership and

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responsibility to any artifacts, documents, equipment, and other

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forms of tangible personal property to the University of West

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Florida to assist the university in the transition of the

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management of the state-owned properties. All records, personnel,

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property, other than real property held under lease by the

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department from the Board of Trustees of the Internal Improvement

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Trust Fund, and unexpended balances of appropriations,

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allocations, or other funds of the Historic Pensacola Board of

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Trustees shall be transferred to the University of West Florida

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to be used for its historic preservation activities and

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responsibilities as set forth in the contract with the Department

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of State. The transfer of segregated funds must be made in such a

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manner that the relation between program and revenue source as

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provided by law is retained.

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     (4)(a)  The University of West Florida is the governing body

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for the management and maintenance of state-owned properties

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contracted by this section and shall exercise those powers

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provided through the contract with the Board of Trustees of the

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Internal Improvement Trust Fund delegated to it by contract as

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well as performing all lawful acts necessary, and convenient, and

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incident to the effectuating of the contract, its management and

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function, and the purposes purpose under this section and s.

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267.1732. The University of West Florida may contract with its

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direct-support organization described in s. 267.1732 to perform

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all acts that are lawful and permitted for not-for-profit

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corporations under chapter 617 in assisting the university in

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carrying out its responsibilities for historic preservation, and

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historic preservation research, and historic preservation

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education responsibilities.

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     (b)  The university or its direct-support organization, if

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permitted in its contract with the university, shall have the

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power to engage in any lawful business or activity to establish,

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maintain, and operate the state-owned facilities and properties

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governed by this section under contract with the Department of

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State, including, but not limited to:

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     1.  The renting or leasing for revenue of any land, improved

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or restored real estate, or personal property directly related to

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carrying out the purposes for historic preservation, historic

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preservation research, and historic preservation education under

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terms and conditions of the contract with the Board of Trustees

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of the Internal Improvement Trust Fund Department of State and

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deemed by the university to be in the best interest of the state.

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     2.  The selling of craft products created through the

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operation and demonstration of historical museums, craft shops,

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and other facilities.

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     3. The limited selling of merchandise relating to Florida

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history and archaeology the historical and antiquarian period of

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Pensacola and its surrounding territory and the historical period

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of West Florida from the Apalachicola River to the western

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boundaries of the state.

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     (c)  The university or its direct-support organization, if

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permitted in the its contract with the university, shall have the

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authority to:

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     1.  Enter into agreements to accept credit card payments as

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compensation, and establish accounts in credit card banks for the

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deposit of credit card sales invoices.

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     2.  Fix and collect charges for admission to any of the

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state-owned facilities governed by this section under contract

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with the Department of State.

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     3.  Permit the acceptance of tour vouchers issued by tour

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organizations or travel agents for payment of admissions.

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     4. Adopt and enforce reasonable rules, regulations, or

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policies to govern the conduct of the visiting public.

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     (5)  The Division of Historical Resources in the Department

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of State may contract with the University of West Florida to

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serve as the regional office for the West Florida region of the

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state from the Apalachicola River to the western boundaries of

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the state. In lieu of the establishment of a citizen advisory

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board as required by s. 267.031(5)(m), the University of West

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Florida may use an existing direct-support organization of the

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university provided that the membership of the direct-support

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organization is representative of the area of the state to be

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served and provides the needed expertise in the area of historic

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preservation.

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     (6)  Notwithstanding the provisions of s. 287.057, the

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University of West Florida or its direct-support organization may

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enter into contracts or agreements with or without competitive

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bidding, in its discretion, for the protection, enhancement, or

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preservation of historic properties.

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     (7)  Notwithstanding s. 273.055, the University of West

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Florida may exchange, sell, or otherwise transfer any artifact,

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document, equipment and other form of tangible personal property

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if its direct-support organization recommends such exchange,

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sale, or transfer to the president of the university and if it is

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determined that the object is no longer appropriate for the

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purpose of advancing historic preservation. However, any

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artifact, document, or other form of tangible personal property

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that has intrinsic historical or archaeological value relating to

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the history, government, or culture of the state may not be

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exchanged, sold, or otherwise transferred without prior

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authorization from the Department of State.

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     (8)  Notwithstanding any other provision of law, the

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University of West Florida and its direct-support organization

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are eligible to match state funds in the University Major Gifts

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Program established pursuant to s. 1011.94 and in the Alec P.

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Courtelis University Facility Enhancement Challenge Grant Program

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established pursuant to s. 1013.79.

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     Section 2.  This act shall take effect July 1, 2008.