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A bill to be entitled

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An act relating to trust funds; terminating specified

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trust funds within the Department of State; providing for

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disposition of balances in and revenues of such trust

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funds; prescribing procedures for the termination of such

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trust funds; amending s. 257.43, F.S.; requiring that

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certain moneys received by the Division of Library and

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Information Services be held in the Grants and Donations

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Trust Fund rather than the operating trust fund; amending

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ss. 265.284 and 265.703, F.S.; requiring that certain

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donations and income received by the Division of Cultural

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Affairs, including moneys received from rentals of

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facilities and properties, be deposited into the Grants

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and Donations Trust Fund; eliminating provisions creating

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the Florida Fine Arts Trust Fund; amending ss. 267.0617,

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267.0619, 267.072, 267.0731, 267.074, and 267.115, F.S.;

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providing for the Grants and Donations Trust Fund rather

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than the Historical Resources Operating Trust Fund to be

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used for administering the Historic Preservation Grant

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Program, the program providing Historical Museum Grants,

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Museum of Florida History programs, the Great Floridians

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Program, the State Historical Marker Program, and

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provisions governing objects of historical or

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archaeological value; amending ss. 267.081 and 267.17,

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F.S.; requiring that moneys received by the Division of

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Historical Resources from the sale of publications and the

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rental of facilities and properties be held in the Grants

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and Donations Trust Fund rather than the operating trust

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fund; amending s. 267.174, F.S.; providing for the Grants

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and Donations Trust Fund rather than the Historical

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Operating Trust Fund to receive remaining assets following

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the termination of the Discovery of Florida Quincentennial

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Commemoration Commission and its support organization;

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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. (1) The following trust funds within the

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Department of State are terminated:

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     (a) The Operating Trust Fund, FLAIR number 45-2-510;

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     (b) The Library Services Trust Fund, FLAIR number 45-2-450;

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and

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     (c) The Fine Arts Trust Fund, FLAIR number 45-2-279.

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     (2) All current balances remaining in the trust funds on

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the date of termination shall be transferred to the Grants and

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Donations Trust Fund within the Department of State.

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     (3) The Department of State shall pay any outstanding debts

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and obligations of the terminated funds as soon as practicable,

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and the Chief Financial Officer shall close out and remove the

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terminated funds from various state accounting systems using

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generally accepted accounting principles concerning warrants

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outstanding, assets, and liabilities.

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     Section 2.  Paragraph (a) of subsection (2) of section

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257.43, Florida Statutes, is amended to read:

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     257.43  Citizen support organization; use of state

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administrative services and property; audit.--

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     (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

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     (a)  The division may fix and collect charges for the rental

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of facilities and properties managed by the division and may

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permit, without charge, appropriate use of administrative

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services, property, and facilities of the division by a citizen

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support organization, subject to the provisions of this section.

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Such use must be directly in keeping with the approved purposes

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of the citizen support organization and may not be made at times

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or places that would unreasonably interfere with opportunities

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for the general public to use such facilities for established

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purposes. Any moneys received from rentals of facilities and

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properties managed by the division may be held in the Grants and

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Donations operating Trust Fund of the division or in a separate

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depository account in the name of the citizen support

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organization and subject to the provisions of the letter of

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agreement with the division. The letter of agreement shall

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provide that any funds held in the separate depository account in

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the name of the citizen support organization shall revert to the

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division if the citizen support organization is no longer

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approved by the division to operate in the best interests of the

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state.

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     Section 3.  Paragraph (e) of subsection (3) and subsections

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(4), (5), and (6) of section 265.284, Florida Statutes, are

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amended to read:

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     265.284  Chief cultural officer; director of division;

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powers and duties.--

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     (3)  The Division of Cultural Affairs shall have direct

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administrative authority and responsibility for all of the

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programs authorized by this act. In furtherance thereof, the

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division shall have the authority to:

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     (e)  Accept on behalf of the state donations of money,

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property, art objects, and antiquities. Such donations of money

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and any cash income which may be received by the division or

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which were previously received by the Florida Fine Arts Council

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from the disposal of any donations of property, art objects, or

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antiquities shall be deposited into the Grants and Donations a

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separate Trust Fund for and are hereby appropriated to the use by

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of the division for the purposes of this act.

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     (4) There is created the Florida Fine Arts Trust Fund to be

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administered by the Department of State for the purposes set

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forth by law. The Florida Fine Arts Trust Fund shall consist of

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moneys appropriated by the Legislature and moneys contributed to

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the fund from any other source.

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     (4)(5) The division is further authorized to:

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     (a)  Accept and administer moneys appropriated by the

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Legislature, and moneys received from the Federal Government or

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from other public or private sources, for the development of

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nationally recognized Florida performing arts groups through a

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state touring program. The division shall develop and establish a

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selection procedure which will ensure maximum opportunity for

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selection of and participation by Florida performing arts groups

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in the state touring program.

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     (b)  Sponsor performances and exhibits; promote and

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encourage the study and appreciation of fine arts; and collect,

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publish, and print pamphlets, papers, newsletters, and other

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materials relating to fine arts programs available throughout the

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state.

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     (c)  Conduct and support cultural programs and cultural

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exchanges in conjunction with the appropriate state agencies,

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including the acceptance of funding, technical assistance, and

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other forms of support for such purposes.

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     (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to

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implement provisions of law conferring duties on it.

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     (5)(6) Notwithstanding any provision of s. 287.022 or s.

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287.025(1)(e), the division may enter into contracts to insure

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museum collections, artifacts, relics, and fine arts to which it

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holds title.

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     Section 4.  Paragraph (a) of subsection (2) of section

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265.703, Florida Statutes, is amended to read:

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     265.703  Citizen support organization; use of state

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administrative services and property; audit.--

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     (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

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     (a)  The division may fix and collect charges for the rental

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of facilities and properties managed by the division and may

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permit, without charge, appropriate use of administrative

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services, property, and facilities of the division by a citizen

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support organization, subject to the provisions of this section.

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Such use must be directly in keeping with the approved purposes

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of the citizen support organization and may not be made at times

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or places that would unreasonably interfere with opportunities

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for the general public to use such facilities for established

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purposes. Any moneys received from rentals of facilities and

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properties managed by the division may be held in the Grants and

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Donations operating Trust Fund of the division or in a separate

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depository account in the name of the citizen support

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organization and subject to the provisions of the letter of

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agreement with the division. The letter of agreement shall

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provide that any funds held in the separate depository account in

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the name of the citizen support organization shall revert to the

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division if the citizen support organization is no longer

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approved by the division to operate in the best interests of the

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state.

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     Section 5.  Subsections (2) and (3) of section 267.0617,

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Florida Statutes, are amended to read:

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     267.0617  Historic Preservation Grant Program.--

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     (2)  The division is authorized to conduct and carry out a

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program of historic preservation grants-in-aid, including

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matching grants, to any department or agency of the state; any

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unit of county, municipal, or other local government; any

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corporation, partnership, or other organization, whether public

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or private or whether or not for profit; or any individual for

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projects having as their purpose the identification, acquisition,

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protection, preservation, rehabilitation, restoration, or

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construction of historic sites and properties, or Florida

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history, or the planning of such activities. Funds appropriated

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from general revenue for the historic preservation grants-in-aid

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program shall not be provided for a project owned by private

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individuals or owned by for-profit corporations. All moneys

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received from any source as appropriations, deposits, or

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contributions to this program shall be paid and credited to the

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Grants and Donations Historical Resources Operating Trust Fund.

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     (3)  All grants of state funds to assist in the preservation

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of historic properties shall be made from the Grants and

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Donations Historical Resources Operating Trust Fund and may be

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awarded only pursuant to applications for such assistance made to

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the Division of Historical Resources. The Florida Historical

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Commission shall review each application for a special category

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historic preservation grant-in-aid. Special category historic

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preservation grants-in-aid are those reviewed and recommended by

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the Secretary of State for submission for legislative funding

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consideration. Grant review panels appointed by the Secretary of

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State and chaired by a member of the Florida Historical

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Commission or a designee appointed by the commission's presiding

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officer shall review each application for other historic

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preservation grants-in-aid. The reviewing body shall submit

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annually to the Secretary of State for approval lists of all

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applications that are recommended by the reviewing body for the

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award of grants, arranged in order of priority.

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     Section 6.  Subsections (1), (4), and (5) of section

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267.0619, Florida Statutes, are amended to read:

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     267.0619  Historical Museum Grants.--The division may

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conduct a program to provide:

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     (1)(a) Grants from the Grants and Donations Historical

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Resources Operating Trust Fund, including matching grants, to a

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department or agency of the state; a unit of county, municipal,

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or other local government; or a public or private profit or

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nonprofit corporation, partnership, or other organization to

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assist in the development of public educational exhibits relating

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to the historical resources of Florida; and

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     (b) Grants from the Grants and Donations Historical

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Resources Operating Trust Fund to Florida history museums that

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are not state-operated to assist such museums in paying for

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operating costs.

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     (4)  Money received as an appropriation or contribution to

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the grants program must be deposited into the Grants and

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Donations Historical Resources Operating Trust Fund. Money

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appropriated from general revenue to the trust fund for the

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program may not be granted to a private for-profit museum. Money

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appropriated from any source to the trust fund for the program

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may not be granted to pay the cost of locating, identifying,

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evaluating, acquiring, preserving, protecting, restoring,

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rehabilitating, stabilizing, or excavating an archaeological or

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historic site or a historic building or the planning of any of

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those activities.

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     (5) The division may grant moneys quarterly from the Grants

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and Donations Historical Resources Operating Trust Fund to

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history museums in advance of an exhibit or program for which the

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moneys are granted.

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     Section 7.  Subsections (1) and (3) of section 267.072,

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Florida Statutes, are amended to read:

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     267.072  Museum of Florida history programs.--

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     (1)  The division shall establish and administer a museum

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store in the Museum of Florida History to provide information and

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materials relating to museum exhibits, collections, and programs

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to the public. The store may produce, acquire, and sell craft

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products, replicas and reproductions of artifacts, documents, and

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other merchandise relating to historical and cultural resources

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and may make a reasonable charge for such merchandise. All

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proceeds received from sales must be deposited into the Grants

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and Donations Historical Resources Operating Trust Fund or, funds

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in excess of the amount required to pay employees involved in the

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direct management of the museum store, may be deposited into a

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bank account of the citizen support organization created pursuant

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to s. 267.17 and may only be used to support the programs of the

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Museum of Florida History. The museum store may enter into

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agreements and accept credit-card payments as compensation for

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goods and products sold. The division may establish accounts in

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credit-card banks for the deposit of credit-card sales invoices

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and to pay discounts and service charges in connection with the

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use of credit cards.

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     (3)  The division shall deposit gifts and donations for the

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purpose of assisting the Museum of Florida History and its

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programs in the Grants and Donations Historical Resources

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Operating Trust Fund to be used exclusively for the benefit of

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programs of the museum and in a manner consistent with any terms

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or conditions agreed to by the division in accepting such gifts.

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     Section 8.  Paragraph (a) of subsection (2) of section

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267.0731, Florida Statutes, is amended to read:

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     267.0731  Great Floridians Program.--The division shall

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establish and administer a program, to be entitled the Great

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Floridians Program, which shall be designed to recognize and

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record the achievements of Floridians, living and deceased, who

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have made major contributions to the progress and welfare of this

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state.

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     (2)  Upon designation of a person as a Great Floridian by

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the Secretary of State, the division shall undertake appropriate

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activities intended to achieve wide public knowledge of the

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person designated.

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     (a)  The division may seek to initiate production of a film

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or videotape depicting the life and contributions of the designee

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to this state and to the nation. If technology surpasses the use

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of film or videotape, another medium of equal quality may be

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used.

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     1.  In the production of such films, the division shall seek

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cooperation from local volunteers throughout the state and, in

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particular, shall seek fundraising and other assistance of the

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citizen support organization created pursuant to s. 267.17 to

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support the programs of the Museum of Florida History.

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     2.  The Museum of Florida History shall be the repository of

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the original negative, the original master tape, and all

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cuttings, of any film or videotape produced under the authority

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of this paragraph. The division also may exercise the right of

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trademark over the terms "Great Floridian" or "Great Floridians"

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pursuant to s. 286.031.

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     3.  The division shall arrange for the distribution of

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copies of all films to the general public, public television

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stations, educational institutions, and others and may establish

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a reasonable charge to recover costs associated with production

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and to provide a source of revenue to assist with reproduction,

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marketing, and distribution of Great Floridians films. Proceeds

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from such charges shall be deposited into the Grants and

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Donations Historical Resources Operating Trust Fund.

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     Section 9.  Subsection (8) of section 267.074, Florida

280

Statutes, is amended to read:

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     267.074  State Historical Marker Program.--The division

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shall coordinate and direct the State Historical Marker Program,

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which shall be a program of popular history and heritage designed

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to inform the general public about persons, events, structures,

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and other topics relating to the history and culture of the

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state; encourage interest in preserving the historical resources

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of the state and its localities; promote a sense of community and

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place among Florida citizens; and provide for the enjoyment and

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edification of tourists.

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     (8)  Funds for the creation and placement of an Official

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Florida Historical Marker shall be provided by the agency,

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organization, individual, or other entity proposing the marker.

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The division may erect Official Florida Historical Markers at its

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own expense and may make competitive grants from the Grants and

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Donations Historical Resources Operating Trust Fund, pursuant to

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s. 267.0617, to assist in funding the costs of Official Florida

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Historical Markers. All Official Florida Historical Markers shall

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be considered property of the state.

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     Section 10.  Paragraph (d) of subsection (1) of section

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267.081, Florida Statutes, is amended to read:

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     267.081  Publications.--

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     (1)  It is the duty of the division to:

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     (d)  Hold any moneys received from the sale of publications

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by the division in the Grants and Donations operating Trust Fund

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of the division or in a separate depository account in the name

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of a citizen support organization formed pursuant to s. 267.17

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and subject to the provision of a letter of agreement with the

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division.

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     Section 11.  Subsection (5) of section 267.115, Florida

310

Statutes, is amended to read:

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     267.115  Objects of historical or archaeological value.--The

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division shall acquire, maintain, preserve, interpret, exhibit,

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and make available for study objects which have intrinsic

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historical or archaeological value relating to the history,

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government, or culture of the state. Such objects may include

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tangible personal property of historical or archaeological value.

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Objects acquired under this section belong to the state, and

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title to such objects is vested in the division.

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     (5)  All moneys received from the sale of an object which

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has historical or archaeological value pursuant to subsection (3)

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shall be deposited in the Grants and Donations Historical

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Resources Operating Trust Fund and shall be used exclusively for

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the acquisition of additional historical and archaeological

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objects or the preservation and maintenance of any such objects

325

in the custody of the division.

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     Section 12.  Paragraph (a) of subsection (2) of section

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267.17, Florida Statutes, is amended to read:

328

     267.17  Citizen support organizations; use of state

329

administrative services and property; audit.--

330

     (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

331

     (a)  The division may fix and collect charges for the rental

332

of facilities and properties managed by the division and may

333

permit, without charge, appropriate use of administrative

334

services, property, and facilities of the division by a citizen

335

support organization, subject to the provisions of this section.

336

Such use must be directly in keeping with the approved purposes

337

of the citizen support organization and may not be made at times

338

or places that would unreasonably interfere with opportunities

339

for the general public to use such facilities for established

340

purposes. Any moneys received from rentals of facilities and

341

properties managed by the division may be held in the Grants and

342

Donations operating Trust Fund of the division or in a separate

343

depository account in the name of the citizen support

344

organization and subject to the provisions of the letter of

345

agreement with the division.

346

     Section 13.  Subsection (9) of section 267.174, Florida

347

Statutes, is amended to read:

348

     267.174  Discovery of Florida Quincentennial Commemoration

349

Commission.--

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     (9)  TERMINATION OF COMMISSION AND CITIZEN SUPPORT

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ORGANIZATION.--The commission and the citizen support

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organization created in subsection (7) shall terminate on July 1,

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2014. Prior to termination, all documents of the commission and

354

of the citizen support organization shall be transferred to the

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Department of State and all remaining assets shall be transferred

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to the Grants and Donations Historical Operating Trust Fund.

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     Section 14.  This act shall take effect July 1, 2009.