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The Committee on Governmental Operations (Lawson) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 265.7025, Florida Statutes, is created

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to read:

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     265.7025 Definitions relating to historic programs.--For

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the purposes of ss. 265.7025-265.709, the term:

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     (1) "Agency" means any state, county, or municipal officer,

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department, division, board, bureau, commission, or other

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separate unit of government created or established by law.

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     (2) "Division" means the Division of Cultural Affairs of

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the Department of State.

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     (3) "Florida history museum" means a public or private

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nonprofit institution that is established permanently in this

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state for the purpose of promoting and encouraging knowledge and

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appreciation of Florida history through the collection,

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preservation, exhibition, and interpretation of artifacts and

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other historical properties related to Florida history and the

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primary role of which is to collect and care for artifacts and

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other objects of intrinsic historical or archaeological value and

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exhibit them regularly through a facility or facilities owned or

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operated by the institution.

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     (4) "Historic property" or "historic resource" means any

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prehistoric or historic district, site, building, object, or

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other real or personal property of historical, architectural, or

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archaeological value, and folklife resources. These properties or

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resources may include, but are not limited to, monuments,

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memorials, Indian habitations, ceremonial sites, abandoned

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settlements, sunken or abandoned ships, engineering works,

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treasure troves, artifacts, or other objects having intrinsic

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historical or archaeological value, or any part thereof, relating

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to the history, government, or culture of the state.

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     (5) "Preservation" or "historic preservation" means the

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identification, evaluation, recordation, documentation, analysis,

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recovery, interpretation, curation, acquisition, protection,

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management, rehabilitation, restoration, stabilization,

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maintenance, or reconstruction of historic properties.

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     Section 2.  Section 265.703, Florida Statutes, is amended to

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read:

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     265.703 Citizen support organizations organization; use of

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state administrative services and property; audit.--

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     (1) CITIZEN SUPPORT ORGANIZATIONS ORGANIZATION.--The

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division may support the establishment of a citizen support

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organizations organization to provide assistance, funding, and

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promotional support for the cultural, and arts, historical, and

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museum programs of the division. For the purposes of this

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section, a "citizen support organization" means an organization

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which is:

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     (a)  A Florida corporation not for profit incorporated under

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the provisions of chapter 617 and approved by the Department of

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State.

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     (b)  Organized and operated to conduct programs and

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activities; raise funds; request and receive grants, gifts, and

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bequests of money; acquire, receive, hold, invest, and

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administer, in its own name, securities, funds, objects of value,

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or other property, real or personal; and make expenditures to or

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for the direct or indirect benefit of the division or individual

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program units of the division.

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     (c)  Determined by the division to be consistent with the

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goals of the division and in the best interests of the state.

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     (d)  Approved in writing by the division to operate for the

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direct or indirect benefit of the division. Such approval shall

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be given in a letter of agreement from the division.

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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 Trust Fund operating trust fund of the division or in a

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separate 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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     (b)  The division may prescribe by rule any condition with

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which a citizen support organization shall comply in order to use

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division administrative services, property, or facilities.

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     (c)  The division shall not permit the use of any

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administrative services, property, or facilities of the state by

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a citizen support organization which does not provide equal

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membership and employment opportunities to all persons regardless

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of race, color, religion, sex, age, or national origin.

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     (3)  ANNUAL AUDIT.--The citizen support organization shall

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provide for an annual financial audit in accordance with s.

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215.981. In regard to the Museum of Florida History citizen

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support organization, the identity of donors who desire to remain

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anonymous shall be confidential and exempt from the provisions of

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s. 119.07(1), and that anonymity shall be maintained in the

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auditor's report.

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     Section 3.  Section 265.704, Florida Statutes, is created to

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read:

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     265.704 Historical museums; powers and duties of the

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Division of Cultural Affairs.--

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     (1) The division shall adopt rules pursuant to s.

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120.536(1) and s. 120.54 to administer the provisions of ss.

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265.7025-265.709.

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     (2) The division may make and enter into all contracts and

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agreements with other agencies, organizations, associations,

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corporations, and individuals or with federal agencies as it may

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determine are necessary, expedient, or incidental to the

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performance of its duties or the execution of its powers under

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ss. 265.7025-265.709.

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     (3) The division may accept gifts, grants, bequests, loans,

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and endowments for purposes not inconsistent with its

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responsibilities under this chapter. The division may also

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establish an endowment that is consistent with the

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responsibilities under ss. 265.7025-265.709.

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

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     (a) Promote and encourage throughout the state knowledge

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and appreciation of Florida history by encouraging the people of

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the state to engage in the preservation and care of artifacts,

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museum items, treasure troves, and other historical properties;

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the collection, research, fabrication, exhibition, preservation,

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and interpretation of historical materials; the publicizing of

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the state's history through public information media; and other

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activities in historical and allied fields.

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     (b) Encourage, promote, maintain, and operate historical

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museums, including, but not limited to, mobile museums, junior

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museums, and the Museum of Florida History in the state capital.

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     (c) Plan and develop, in cooperation with other state

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agencies and with municipalities, programs to promote and

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encourage the teaching of Florida's history and heritage in

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Florida schools and other educational institutions and other such

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educational programs as may be appropriate.

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     (d) Establish professional standards for the preservation,

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exclusive of acquisition, of historical resources in state

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ownership or control.

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     (e) Take such other actions as are necessary or appropriate

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to locate, acquire, protect, preserve, operate, interpret, and

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promote the location, acquisition, protection, preservation,

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operation, and interpretation of historical resources to foster

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an appreciation of Florida history and culture.

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     Section 4.  Section 265.705, Florida Statutes, is created to

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read:

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     265.705 State policy relative to historical

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properties.--The rich and unique heritage of historical

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properties in this state, representing more than 10,000 years of

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human presence, is an important legacy to be valued and conserved

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for present and future generations. The destruction of these

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nonrenewable historical resources will engender a significant

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loss to the state's quality of life, economy, and cultural

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environment. It is therefore declared to be state policy to

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provide leadership in the preservation of the state's historical

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resources and to administer state-owned or state-controlled

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historical resources in a spirit of stewardship and trusteeship.

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     Section 5.  Section 265.706, Florida Statutes, is created to

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read:

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     265.706 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 that 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 title

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to such objects is vested in the division.

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     (1) Notwithstanding s. 273.02, the division shall maintain

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an adequate record of all objects in its custody which have a

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historical or archaeological value. Once each year, on July 1 or

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as soon thereafter as practicable, the division shall take a

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complete inventory of all such objects in its custody the current

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value or cost of which is $1,000 or more and a sample inventory

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of such objects the current value or cost of which is less than

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$1,000. Each inventory shall be compared with the property record

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and all discrepancies shall be traced and reconciled. Objects of

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historical or archaeological value are not required to be

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identified by marking or other physical alteration of the

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objects.

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     (2) The division may arrange for the temporary or permanent

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loan of any object that has historical or archaeological value in

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its custody. Such loans shall be for the purpose of assisting

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historical, archaeological, or other studies; providing objects

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relating to interpretive exhibits and other educational programs

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that promote knowledge and appreciation of Florida history and

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the programs of the division; or assisting the division in

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carrying out its responsibility to ensure proper curation of the

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objects.

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     (3) The division may determine from time to time that an

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object in its custody and owned by the state has no further use

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or value for the research, exhibit, or educational programs of

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the division, or that such an object will receive more

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appropriate maintenance and preservation by another agency,

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institution, or organization, and may loan, exchange, sell, or

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otherwise transfer ownership and custody of such object to

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another agency, institution, or organization for the purpose of

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ensuring the continued maintenance and preservation of such

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object, or for the purpose of acquiring another object that

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better serves the interests of the state and is more appropriate

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for promoting knowledge and appreciation of Florida history and

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the programs of the division.

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     (4) For the purpose of the exchange, sale, or other

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transfer of objects of historical or archaeological value, the

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division is exempt from chapter 273.

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

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historical or archaeological value pursuant to subsection (3)

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shall be deposited in the Grants and Donations Trust Fund and

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shall be used exclusively for the acquisition of additional

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historical and archaeological objects or the preservation and

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maintenance of any such objects in the custody of the division.

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     (6) The division shall adopt rules pursuant to ss.

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120.536(1) and 120.54 which prescribe criteria for the inventory

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and for the loan, exchange, sale, transfer, or other disposal of

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state-owned objects of historical or archaeological value.

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     (7) Any custodian as defined in s. 273.01(1) who violates

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any provision of this section or any rule adopted pursuant to

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this section commits a misdemeanor of the second degree,

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punishable as provided in s. 775.082 or s. 775.083.

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     (8) 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, exhibitions, relics, and fine arts

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that are loaned to it or to which it holds title.

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     Section 6.  Section 267.072, Florida Statutes, is renumbered

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as section 265.707, Florida Statutes, and amended to read:

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     265.707 267.072 Museum of Florida History and programs;

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other historical museums.--

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     (1) The division is authorized to operate the Museum of

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Florida History and other historical museums.

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     (2)(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 and may operate additional stores associated with

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the museum. 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. 265.703 s. 267.17 and may only be used only to support the

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programs of the Museum of Florida History. The museum store may

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enter into agreements and accept credit-card payments as

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compensation for goods and products sold. The division may

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establish accounts in credit-card banks for the deposit of

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credit-card sales invoices and to pay discounts and service

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charges in connection with the use of credit cards.

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     (3)(2) The division shall support the establishment and

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operation of a nonprofit organization or association established

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pursuant to s. 265.703 s. 267.17 to promote and encourage

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knowledge and appreciation of Florida history and the programs of

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the Museum of Florida History and to cooperate with historical

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societies and other organizations to provide funding and

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promotional support for the programs of the museum. Such

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organization or association may, with the consent of the

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division, operate the museum store or conduct special events and

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programs in the museum. All proceeds must be used to support the

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programs of the Museum of Florida History.

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

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the 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 7.  Section 267.0619, Florida Statutes, is

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renumbered as section 265.708, Florida Statutes, and amended to

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read:

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     265.708 267.0619 Historical Museum Grants.--

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     (1) The division may conduct a program to provide:

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     (1)(a) Grants from the Historical Resources Operating Trust

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Fund, including matching grants, to a department or agency of the

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state; a unit of county, municipal, or other local government; or

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a public or private profit or nonprofit corporation, partnership,

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or other organization to assist in the development of public

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educational exhibits relating to the historical resources of

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Florida; and

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     (b) Grants from the Historical Resources Operating Trust

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Fund to Florida history museums that are not state-operated to

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assist such museums in paying for operating costs.

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     (2) In order to be eligible to receive a grant from the

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trust fund to assist in paying operating costs, a Florida history

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museum must fulfill the following criteria:

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     (a)  The mission of the museum must relate directly and

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primarily to the history of Florida. If the museum has more than

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one mission, the museum is eligible to receive a grant for that

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portion of the operating costs which is reasonably attributable

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to its mission relating to the history of Florida;

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     (b)  The museum must have been operating and open to the

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public for at least 180 days each year during the 2-year period

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immediately preceding the date upon which the museum applies for

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the grant;

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     (c)  The museum must be open and providing museum services

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to the public for at least 180 days each year; and

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     (d)  The museum must currently employ, and must have

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employed during the 2-year period immediately preceding the date

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upon which the museum applies for the grant, at least one full-

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time staff member or the equivalent thereof whose primary

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responsibility is to acquire, maintain, and exhibit to the public

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objects that are owned by, or are on loan to, the museum.

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     (3) An application for a grant must be made to the division

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on a form provided by the division. The division shall adopt

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rules prescribing categories of grants, application requirements,

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criteria and procedures for the review and evaluation of

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applications, and other procedures necessary for the

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administration of the program, subject to the requirements of

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this section. 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 a museum grant-in-aid.

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The review panel shall submit to the Secretary of State for

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approval lists of all applications that are recommended by the

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panel for the award of grants, arranged in order of priority. The

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division may award a grant to a Florida history museum only if

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the award has been approved by the Secretary of State.

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     (4) Grants Money received as an appropriation or

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contribution to the grants program must be deposited into the

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Historical Resources Operating Trust Fund. Money appropriated

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from general revenue to the trust fund for the program may not be

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awarded granted to a private for-profit museum or used. 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

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Historical Resources Operating Trust Fund to history museums in

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advance of an exhibit or program for which the moneys are

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granted.

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     Section 8.  Section 265.709, Florida Statutes, is created to

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read:

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     265.709 Publications.--The division may promote and

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encourage the writing of Florida history and collect, edit,

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publish, and print pamphlets, papers, manuscripts, documents,

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books, monographs, and other materials relating to Florida

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history. The division may establish a reasonable charge for such

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publications and shall hold any moneys received from the sale of

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publications in the Grants and Donations Trust Fund or in a

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separate depository account in the name of a citizen support

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organization formed pursuant to s. 265.703 and subject to the

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provision of a letter of agreement with the division.

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     Section 9.  Paragraph (a) of subsection (1) of section

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267.0612, Florida Statutes, is amended to read:

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     267.0612  Florida Historical Commission; creation;

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membership; powers and duties.--In order to enhance public

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participation and involvement in the preservation and protection

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of the state's historic and archaeological sites and properties,

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there is created within the Department of State the "Florida

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Historical Commission." The commission shall serve in an advisory

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capacity to the director of the Division of Historical Resources

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to assist the director in carrying out the purposes, duties, and

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responsibilities of the division, as specified in this chapter.

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     (1)(a)1. The commission shall be composed of 11 members.

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Seven members shall be appointed by the Governor in consultation

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with the Secretary of State, two members shall be appointed by

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the President of the Senate, and two members shall be appointed

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by the Speaker of the House of Representatives. Of the seven

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members appointed by the Governor, one member must be a licensed

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architect who has expertise in historic preservation and

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architectural history; one member must be a professional

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historian in the field of American history; one member must be a

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professional architectural historian; one member must be an

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archaeologist specializing in the field of prehistory; and one

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member must be an archaeologist specializing in the historic

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period. The remaining two members appointed by the Governor and

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the two members appointed by the President of the Senate and the

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Speaker of the House of Representatives, respectively, must be

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representatives of the general public with demonstrated interest

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in the preservation of Florida's historical and archaeological

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heritage. At least one member of the commission shall be a

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resident of a county that has a population of 75,000 or fewer.

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     2. After June 30, 2008, terms of appointment shall begin on

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January 1 of the year of appointment.

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     Section 10.  Subsection (2) of section 267.071, Florida

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Statutes, is amended to read:

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     267.071  Historical museums.--It is the duty of the division

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to:

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     (2)  Encourage, promote, maintain, and operate historical

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museums, including, but not limited to, mobile museums and,

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junior museums, and the Museum of Florida History in the state

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capital.

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     Section 11.  paragraphs (b) and (c) of subsection (1) and

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paragraph (a) of subsection (2) of section 267.0731, Florida

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Statutes, are 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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     (1)  The division shall nominate present or former citizens

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of this state, living or deceased, who during their lives have

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made major contributions to the progress of the nation or this

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state and its citizens. Nominations shall be submitted to the

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Secretary of State who shall select from those nominated not less

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than two persons each year who shall be honored with the

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designation "Great Floridian," provided no person whose

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contributions have been through elected or appointed public

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service shall be selected while holding any such office.

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     (b) In formulating its nominations, the division shall also

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seek the assistance of the organization acting in the capacity as

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a citizen support organization of the division, pursuant to s.

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267.17 and approved to act on behalf of the Museum of Florida

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History.

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     (b)(c) Annually, the division shall convene an ad hoc

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committee composed of representatives of the Governor, each

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member of the Florida Cabinet, the President of the Senate, the

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Speaker of the House of Representatives, and the Secretary of

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State organization described in paragraph (b). This committee

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shall meet at least twice. The committee shall nominate not fewer

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than two persons whose names shall be submitted to the Secretary

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of State with the recommendation that they be honored with the

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designation "Great Floridian."

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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

424

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

428

particular, shall seek fundraising and other assistance of the

429

citizen support organization created pursuant to s. 267.17 to

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support the programs of the Museum of Florida History.

431

     1.2. The Department of State Museum of Florida History

432

shall be the repository of the original negative, the original

433

master tape, and all cuttings, of any film or videotape produced

434

under the authority of this paragraph. The division also may

435

exercise the right of trademark over the terms "Great Floridian"

436

or "Great Floridians" pursuant to s. 286.031.

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     2.3. The division shall arrange for the distribution of

438

copies of all films to the general public, public television

439

stations, educational institutions, and others and may establish

440

a reasonable charge to recover costs associated with production

441

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

442

marketing, and distribution of Great Floridians films. Proceeds

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from such charges shall be deposited into the Historical

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Resources Operating Trust Fund.

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     Section 12. Section 267.174, Florida Statutes, is repealed.

446

     Section 13.  This act shall take effect July 1, 2008.

447

448

================ T I T L E  A M E N D M E N T ================

449

And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to cultural and historical programs;

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creating s. 265.7025, F.S.; providing definitions;

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amending s. 265.703, F.S.; providing for more than one

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citizen support organization; adding historical and museum

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programs to those programs that can be assisted by the

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citizen support organizations of the Division of Cultural

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Affairs of the Department of State; revising the name of

460

the trust fund into which funds are deposited; providing

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donor anonymity for the Museum of Florida History citizen

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support organization under the division as currently

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provided under the Division of Historical Resources of the

464

Department of State; creating s. 265.704, F.S.; providing

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powers and duties of the Division of Cultural Affairs

466

related to historical museums; creating s. 265.705, F.S.;

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providing state policy relating to historic properties;

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creating s. 265.706, F.S.; authorizing the division to

469

acquire, maintain, preserve, interpret, exhibit, and make

470

available for study certain objects having historical or

471

archaeological value; vesting title of such objects in the

472

division; requiring maintenance of records; requiring

473

inventory of objects of specified value; authorizing the

474

division to loan, exchange, sell, or otherwise transfer

475

certain objects; providing exemptions from ch. 273, F.S.;

476

providing for deposit and use of funds; requiring the

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adoption of rules; providing a penalty for certain

478

violations by a custodian; providing for insuring of

479

certain items; amending and renumbering s. 267.072, F.S.,

480

relating to the Museum of Florida History and its

481

programs; transferring the responsibility for and

482

administration of the Museum of Florida History, its

483

programs, and the citizen support organization for the

484

museum from the Division of Historical Resources to the

485

Division of Cultural Affairs; providing for the operation

486

of additional stores associated with the Museum of Florida

487

History; authorizing the Division of Cultural Affairs to

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operate other historical museums; conforming provisions to

489

changes made by the act; amending and renumbering s.

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267.0619, F.S., relating to historical museum grants under

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the Division of Historical Resources of the Department of

492

State; transferring the grant program to the Division of

493

Cultural Affairs; conforming provisions to changes made by

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the act; providing that a for-profit corporation,

495

partnership, or organization is ineligible for receipt of

496

such grants; creating s. 265.709, F.S.; authorizing the

497

Division of Cultural Affairs to promote and encourage the

498

writing of Florida history through certain activities;

499

authorizing the collecting, editing, and publishing of

500

documents related to Florida history; authorizing the

501

division to establish a reasonable charge for such

502

publications; providing for such proceeds to be deposited

503

in the Grants and Donations Trust Fund or certain separate

504

depository accounts; amending s. 267.0612, F.S.; providing

505

a uniform starting date for all appointments to the

506

Florida Historical Commission; amending s. 267.071, F.S.;

507

removing the Museum of Florida History as one of the

508

historical museums that the Division of Historical

509

Resources is required to encourage, promote, maintain, and

510

operate; amending s. 267.0731, F.S.; adding

511

representatives of the Secretary of State to the list of

512

representatives on the ad hoc committee responsible for

513

making recommendations for Great Floridian nominations;

514

deleting references to the citizen support organization

515

for the Museum of Florida History; deleting

516

responsibilities of the Museum of Florida History;

517

requiring the Department of State to be the repository of

518

certain films or videotapes produced concerning a Great

519

Floridian as well as certain items related to such

520

productions; repealing s. 267.174, F.S., relating to the

521

Discovery of Florida Quincentennial Commemoration

522

Commission; providing an effective date.

3/25/2008  8:33:00 AM     6-05646-08