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A bill to be entitled

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An act relating to historical resources; amending s.

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265.703, F.S.; authorizing the Division of Cultural

4

Affairs of the Department of State to support the

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establishment of a citizen support organization to provide

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assistance, funding, and promotional support for the

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division's programs related to museums; providing that any

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moneys received by the division from rentals of facilities

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and properties managed by the division may be held in the

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division's Grants and Donations Trust Fund; creating s.

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265.704, F.S.; providing duties of the division with

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respect to historical museums; authorizing the division to

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adopt rules; authorizing the division to formulate and

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enter into contracts with certain entities when necessary;

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authorizing the division to accept gifts, endowments,

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grants, bequests, or loans under certain conditions;

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authorizing the division to establish an endowment

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consistent with its duties; creating s. 265.706, F.S.;

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providing definitions; creating s. 265.707, F.S.;

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requiring that the division acquire, maintain, preserve,

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interpret, exhibit, and make available for study objects

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having certain historical or archaeological value;

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providing that such objects acquired pursuant to certain

24

provisions of state law belong to the state, with title

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thereto vested in the division; requiring that the

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division maintain a record of all such objects in its

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custody; requiring that the division annually inventory

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objects according to their value; authorizing the division

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to loan any object in its custody temporarily or

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permanently for certain purposes; authorizing the division

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to transfer, exchange, or sell certain objects to other

32

entities under certain circumstances; exempting the

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division from certain provisions of state law with respect

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to such sale, transfer, or exchange; requiring that all

35

moneys received from such sale be deposited into the

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Grants and Donations Trust Fund and used for specified

37

purposes; requiring that the division adopt rules;

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providing that certain violations of state law regarding

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historical objects or rules adopted in conjunction

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therewith constitute a misdemeanor of the second degree;

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authorizing the division to enter into contracts to insure

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objects to which it holds title; transferring,

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renumbering, and amending s. 267.072, F.S.; requiring that

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all proceeds from the sale of replicas or reproductions of

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certain objects be deposited into the trust fund;

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conforming cross-references to changes made by the act;

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requiring that the division deposit certain gifts and

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donations into the trust fund; transferring, renumbering,

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and amending s. 267.0619, F.S.; deleting provisions

50

related to the Historical Resources Operating Trust Fund,

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to conform to changes made by the act; deleting a

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provision relating to application forms for historical

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museum grants; deleting a provision requiring that certain

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individuals chair grant review panels; deleting provisions

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relating to the deposit of moneys received as

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appropriations or contributions to the grant program;

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creating s. 265.710, F.S.; authorizing the division to

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promote and encourage the writing of Florida history and

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to edit or produce certain publications relating to its

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museum programs; authorizing the division to charge a

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reasonable fee for such publications and hold moneys

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received from the sale of such publication in the trust

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fund or an account in the name of the citizen support

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organization; amending s. 267.0731, F.S.; deleting

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provisions relating to the formulation of nominations for

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the Great Floridians Program and the production of films

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depicting the life or contributions of nominees; requiring

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that proceeds collected from changes established to

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recover costs associated with the production of such films

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be deposited into the trust fund; providing an effective

71

date.

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     WHEREAS, the rich and unique heritage of historic properties

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in this state, which represent more than 10,000 years of human

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

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present and future generations, and

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     WHEREAS, the destruction of these nonrenewable historical

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resources will result in a significant loss to the state's

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quality of life, economy, and cultural environment, and

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     WHEREAS, it is incumbent upon the government of this state

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to provide leadership in the preservation of the state's historic

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resources and administer state-owned or state-controlled historic

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resources in a spirit of stewardship and trusteeship, NOW,

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THEREFORE,

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

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     Section 1.  Subsection (1) and paragraph (a) of subsection

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(2) of section 265.703, Florida Statutes, are 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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     (1)  CITIZEN SUPPORT ORGANIZATION.--The division may support

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the establishment of a citizen support organization to provide

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assistance, funding, and promotional support for the cultural,

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and arts, and museum programs of the division. For the purposes

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of this section, a "citizen support organization" means an

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organization 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 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 2.  Section 265.704, Florida Statutes, is created to

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read:

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     265.704 Historical museums.--

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     (1) It is the duty of the Division of Cultural Affairs of

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the Department of State to:

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     (a) Promote and encourage knowledge and appreciation of the

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history of this state by encouraging its residents to engage in:

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     1. Preservation and care of artifacts, museum items,

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treasure trove, and other historical properties;

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     2. Collection, research, fabrication, exhibition,

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preservation, and interpretation of historical materials;

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     3. Publicizing the state's history through publicly

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accessible media; and

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     4. Other activities related to this state's history.

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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 municipalities, programs to promote and encourage

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the teaching of Florida's history and heritage in Florida schools

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and other educational institutions, and other educational

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programs as may be appropriate.

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     (2) The division has authority to adopt rules pursuant to

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

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265.704-265.710.

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     (3) The division may formulate and enter into any contracts

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and agreements with other agencies, organizations, associations,

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corporations, individuals, or federal agencies as it determines

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necessary, expedient, or incidental to the performance of its

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duties or the execution of its powers under ss. 265.704-265.710.

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     (4) 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 its

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responsibilities under ss. 265.704-265.710.

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     (5) The division may establish professional standards for

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the preservation of historic resources under state ownership or

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control. This subsection does not include acquisition of such

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resources.

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     (6) The division may take such other actions necessary or

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appropriate to locate, acquire, protect, preserve, operate,

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interpret, or promote the location, acquisition, protection,

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preservation, operation, or interpretation of historic resources

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for the purpose of fostering an appreciation of Florida's history

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and culture. Before the acquisition, preservation,

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interpretation, or operation of a historic property by a state

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agency, the division shall:

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     (a) Have a reasonable opportunity to review and comment on

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the proposed undertaking; and

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     (b) Produce a written determination confirming the

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existence of historical authenticity and a feasible means of

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providing for the preservation, interpretation, and operation of

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such property.

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     Section 3.  Section 265.706, Florida Statutes, is created to

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read:

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     265.706 Definitions related to historically based

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programs.--As applied to any program relating to the preservation

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of this state's historic resources or the administration of

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state-owned or state-controlled historic resources, 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 established permanently in this state for

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the purpose of promoting or encouraging knowledge and

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appreciation of Florida history through the collection,

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preservation, exhibition, or interpretation of artifacts and

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other historical properties related to Florida history, 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, including folklife resources. These

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properties or resources may include, but are not limited to,

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monuments, memorials, Indian habitations, ceremonial sites,

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abandoned settlements, sunken or abandoned ships, engineering

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works, treasure troves, artifacts, or other objects with

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intrinsic historical or archaeological value, or any part thereof

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relating to the history, government, and 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 4.  Section 265.707, Florida Statutes, is created to

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read:

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     265.707 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 having intrinsic historical

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or archaeological value relating to the history, government, or

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culture of this state. Such objects may include tangible personal

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property of historical or archaeological value. Objects acquired

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pursuant to the provisions of this section belong to the state,

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and title to such objects is vested in the division.

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     (1) Notwithstanding the provisions of s. 273.02, the

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division shall maintain an adequate record of all objects in its

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custody having a historical or archaeological value. Once per

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year, on July 1 or as soon thereafter as practicable, the

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division shall take a complete inventory of all such objects in

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its custody having a value or cost equal to or greater than

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$1,000 and a sample inventory of such objects having a value or

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cost less than $1,000. Each inventory shall be compared with the

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property record, and all discrepancies shall be traced and

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reconciled. Objects of historical or archaeological value are not

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required to be identified by marking or other physical alteration

244

of the objects.

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

246

loan of any object which has historical or archaeological value

247

in 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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which 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 that an object in its

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custody and owned by the state has no further use or value for

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the research, exhibit, or educational programs of the division,

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or that such object will receive more appropriate maintenance and

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preservation by another agency, institution, or organization, and

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may loan, exchange, sell, or otherwise transfer ownership and

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custody of such object to another agency, institution, or

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organization for the purpose of ensuring the continued

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maintenance and preservation of such object, or for the purpose

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of acquiring another object which better serves the interests of

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the state and is more appropriate for promoting knowledge and

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appreciation of Florida history and 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 the provisions of chapter 273.

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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 Trust Fund and

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used exclusively for the acquisition of additional historical and

273

archaeological objects or the preservation and maintenance of any

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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 prescribing criteria for the inventory and

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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, relics, and fine arts to which it

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holds title.

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     Section 5.  Section 267.072, Florida Statutes, is

288

transferred, renumbered as s. 265.708, and amended to read:

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     265.708 267.072 Museum of Florida history programs.--

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     (1)  The division shall establish and administer a museum

291

store in the Museum of Florida History to provide information and

292

materials relating to museum exhibits, collections, and programs

293

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

294

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

298

and Donations Historical Resources Operating Trust Fund or, funds

299

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 to support the

303

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

307

credit-card sales invoices and to pay discounts and service

308

charges in connection with the use of credit cards.

309

     (2)  The division shall support the establishment and

310

operation of a nonprofit organization or association established

311

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

312

knowledge and appreciation of Florida history and the programs of

313

the Museum of Florida History and to cooperate with historical

314

societies and other organizations to provide funding and

315

promotional support for the programs of the museum. Such

316

organization or association may, with the consent of the

317

division, operate the museum store or conduct special events and

318

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

319

programs of the Museum of Florida History.

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

321

purpose of assisting the Museum of Florida History and its

322

programs in the Grants and Donations Historical Resources

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Operating Trust Fund to be used exclusively for the benefit of

324

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

325

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

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     Section 6.  Section 267.0619, Florida Statutes, is

327

transferred, renumbered as 265.709, and amended to read:

328

     265.709 267.0619 Historical Museum Grants.--The division

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may conduct a program to provide:

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

331

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

332

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

333

a public or private profit or nonprofit corporation, partnership,

334

or other organization to assist in the development of public

335

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

338

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

339

assist such museums in paying for operating costs.

340

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

341

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

342

museum must fulfill the following criteria:

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

344

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

345

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

346

portion of the operating costs which is reasonably attributable

347

to its mission relating to the history of Florida;

348

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

349

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

350

immediately preceding the date upon which the museum applies for

351

the grant;

352

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

353

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

354

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

355

employed during the 2-year period immediately preceding the date

356

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

357

time staff member or the equivalent thereof whose primary

358

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

359

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

360

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

361

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

362

rules prescribing categories of grants, application requirements,

363

criteria and procedures for the review and evaluation of

364

applications, and other procedures necessary for the

365

administration of the program, subject to the requirements of

366

this section. Grant review panels appointed by the Secretary of

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State and chaired by a member of the Florida Historical

368

Commission or a designee appointed by the commission's presiding

369

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

371

approval lists of all applications that are recommended by the

372

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

373

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

374

the award has been approved by the Secretary of State.

375

     (4) Grants Money received as an appropriation or

376

contribution to the grants program must be deposited into the

377

Historical Resources Operating Trust Fund. Money appropriated

378

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

379

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

380

appropriated from any source to the trust fund for the program

381

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

382

evaluating, acquiring, preserving, protecting, restoring,

383

rehabilitating, stabilizing, or excavating an archaeological or

384

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

385

those activities.

386

     (5) The division may grant moneys quarterly from the

387

Historical Resources Operating Trust Fund to history museums in

388

advance of an exhibit or program for which the moneys are

389

granted.

390

     Section 7.  Section 265.710, Florida Statutes, is created to

391

read:

392

     265.710 Publications.--The division may promote and

393

encourage the writing of Florida history and collect, edit,

394

publish, or print pamphlets, papers, manuscripts, documents,

395

books, monographs, or other materials relating to the Florida

396

historical museums or its museum programs. The division may

397

establish a reasonable charge for such publications and shall

398

hold any moneys received from the sale of publications in the

399

Grants and Donations Trust Fund or in a separate depository

400

account in the name of a citizen support organization formed

401

pursuant to s. 265.703.

402

     Section 8.  Section 267.0731, Florida Statutes, is amended

403

to read:

404

     267.0731  Great Floridians Program.--The division shall

405

establish and administer a program, to be entitled the Great

406

Floridians Program, which shall be designed to recognize and

407

record the achievements of Floridians, living and deceased, who

408

have made major contributions to the progress and welfare of this

409

state.

410

     (1)  The division shall nominate present or former citizens

411

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

412

made major contributions to the progress of the nation or this

413

state and its citizens. Nominations shall be submitted to the

414

Secretary of State who shall select from those nominated not less

415

than two persons each year who shall be honored with the

416

designation "Great Floridian," provided no person whose

417

contributions have been through elected or appointed public

418

service shall be selected while holding any such office.

419

     (a)  To enhance public participation and involvement in the

420

identification of any person worthy of being nominated as a Great

421

Floridian, the division shall seek advice and assistance from

422

persons qualified through the demonstration of special interest,

423

experience, or education in the dissemination of knowledge about

424

the state's history.

425

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

426

seek the assistance of the organization acting in the capacity as

427

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

428

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

429

History.

430

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

431

committee composed of representatives of the Governor, each

432

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

433

Speaker of the House of Representatives, and the organization

434

described in paragraph (b). This committee shall meet at least

435

twice. The committee shall nominate not fewer than two persons

436

whose names shall be submitted to the Secretary of State with the

437

recommendation that they be honored with the designation "Great

438

Floridian."

439

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

440

the Secretary of State, the division shall undertake appropriate

441

activities intended to achieve wide public knowledge of the

442

person designated.

443

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

444

or videotape depicting the life and contributions of the designee

445

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

446

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

447

used.

448

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

449

cooperation from local volunteers throughout the state and, in

450

particular, shall seek fundraising and other assistance of the

451

citizen support organization created pursuant to s. 267.17 to

452

support the programs of the Museum of Florida History.

453

     1.2. The Department of State Museum of Florida History

454

shall be the repository of the original negative, the original

455

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

456

under the authority of this paragraph. The division also may

457

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

458

or "Great Floridians" pursuant to s. 286.031.

459

     2.3. The division shall arrange for the distribution of

460

copies of all films to the general public, public television

461

stations, educational institutions, and others and may establish

462

a reasonable charge to recover costs associated with production

463

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

464

marketing, and distribution of Great Floridians films. Proceeds

465

from such charges shall be deposited into the Grants and

466

Donations Historical Resources Operating Trust Fund.

467

     (b)  Deceased persons designated as Great Floridians

468

typically shall be recognized by markers affixed to properties

469

significantly associated with the major contributions of the

470

designee. Such markers shall be erected pursuant to the

471

provisions of s. 267.074.

472

     Section 9.  This act shall take effect July 1, 2008.