1

A bill to be entitled

2

An act relating to cultural and historical programs;

3

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

4

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

5

citizen support organization; adding historical and museum

6

programs to those programs that can be assisted by the

7

citizen support organizations of the Division of Cultural

8

Affairs of the Department of State; revising the name of

9

the trust fund into which funds are deposited; providing

10

that information of the citizen support organization for

11

the Museum of Florida History which is confidential and

12

exempt pursuant to s. 267.17, F.S., retains its status;

13

creating s. 265.704, F.S.; providing powers and duties of

14

the Division of Cultural Affairs related to historical

15

museums; creating s. 265.705, F.S.; providing state policy

16

relating to historic properties; creating s. 265.706,

17

F.S.; authorizing the division to acquire, maintain,

18

preserve, interpret, exhibit, and make available for study

19

certain objects having historical or archaeological value;

20

vesting title of such objects in the division; requiring

21

maintenance of records; requiring inventory of objects of

22

specified value; authorizing the division to loan,

23

exchange, sell, or otherwise transfer certain objects;

24

providing exemptions from ch. 273, F.S.; providing for

25

deposit and use of funds; requiring the adoption of rules;

26

providing a penalty for certain violations by a custodian;

27

providing for insuring of certain items; amending and

28

renumbering s. 267.072, F.S., relating to the Museum of

29

Florida History and its programs; transferring the

30

responsibility for and administration of the Museum of

31

Florida History, its programs, and the citizen support

32

organization for the museum from the Division of

33

Historical Resources to the Division of Cultural Affairs;

34

providing for the operation of additional stores

35

associated with the Museum of Florida History; authorizing

36

the Division of Cultural Affairs to operate other

37

historical museums; conforming provisions to changes made

38

by the act; amending and renumbering s. 267.0619, F.S.,

39

relating to historical museum grants under the Division of

40

Historical Resources of the Department of State;

41

transferring the grant program to the Division of Cultural

42

Affairs; conforming provisions to changes made by the act;

43

providing that a for-profit corporation, partnership, or

44

organization is ineligible for receipt of such grants;

45

creating s. 265.709, F.S.; authorizing the Division of

46

Cultural Affairs to promote and encourage the writing of

47

Florida history through certain activities; authorizing

48

the collecting, editing, and publishing of documents

49

related to Florida history; authorizing the division to

50

establish a reasonable charge for such publications;

51

providing for such proceeds to be deposited in the Grants

52

and Donations Trust Fund or certain separate depository

53

accounts; amending s. 267.0612, F.S.; providing a uniform

54

starting date for all appointments to the Florida

55

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

56

the Museum of Florida History as one of the historical

57

museums that the Division of Historical Resources is

58

required to encourage, promote, maintain, and operate;

59

amending s. 267.0731, F.S.; adding representatives of the

60

Secretary of State to the list of representatives on the

61

ad hoc committee responsible for making recommendations

62

for Great Floridian nominations; deleting references to

63

the citizen support organization for the Museum of Florida

64

History; deleting responsibilities of the Museum of

65

Florida History; requiring the Department of State to be

66

the repository of certain films or videotapes produced

67

concerning a Great Floridian as well as certain items

68

related to such productions; repealing s. 267.174, F.S.,

69

relating to the Discovery of Florida Quincentennial

70

Commemoration Commission; amending s. 272.129, F.S.;

71

authorizing a citizen support organization for the

72

Legislative Research Center and Museum at the Historic

73

Capitol, which is known as the "center"; requiring the

74

citizen support organization to be a corporation not for

75

profit; authorizing the citizen support organization to

76

perform certain tasks for the direct and indirect benefit

77

of the center; authorizing the center to prescribe

78

conditions with which the citizen support organization

79

must comply in order to use fixed property or facilities

80

of the center; prohibiting the center from permitting a

81

citizen support organization to use the center's

82

facilities under certain conditions; requiring that the

83

citizen support organization provide for an annual audit;

84

providing that records of the organization are public

85

records; requiring that certain funds be deposited into

86

the account of the citizen support organization; providing

87

for reversion of funds to the state under certain

88

circumstances; providing an effective date.

89

90

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

91

92

     Section 1.  Section 265.7025, Florida Statutes, is created

93

to read:

94

     265.7025 Definitions relating to historic programs.--For

95

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

96

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

97

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

98

separate unit of government created or established by law.

99

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

100

the Department of State.

101

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

102

nonprofit institution that is established permanently in this

103

state for the purpose of promoting and encouraging knowledge and

104

appreciation of Florida history through the collection,

105

preservation, exhibition, and interpretation of artifacts and

106

other historical properties related to Florida history and the

107

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

108

other objects of intrinsic historical or archaeological value and

109

exhibit them regularly through a facility or facilities owned or

110

operated by the institution.

111

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

112

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

113

other real or personal property of historical, architectural, or

114

archaeological value, and folklife resources. These properties or

115

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

116

memorials, Indian habitations, ceremonial sites, abandoned

117

settlements, sunken or abandoned ships, engineering works,

118

treasure troves, artifacts, or other objects having intrinsic

119

historical or archaeological value, or any part thereof, relating

120

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

121

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

122

identification, evaluation, recordation, documentation, analysis,

123

recovery, interpretation, curation, acquisition, protection,

124

management, rehabilitation, restoration, stabilization,

125

maintenance, or reconstruction of historic properties.

126

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

127

read:

128

     265.703 Citizen support organizations organization; use of

129

state administrative services and property; audit.--

130

     (1) CITIZEN SUPPORT ORGANIZATIONS ORGANIZATION.--The

131

division may support the establishment of a citizen support

132

organizations organization to provide assistance, funding, and

133

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

134

museum programs of the division. For the purposes of this

135

section, a "citizen support organization" means an organization

136

which is:

137

     (a)  A Florida corporation not for profit incorporated under

138

the provisions of chapter 617 and approved by the Department of

139

State.

140

     (b)  Organized and operated to conduct programs and

141

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

142

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

143

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

144

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

145

for the direct or indirect benefit of the division or individual

146

program units of the division.

147

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

148

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

149

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

150

direct or indirect benefit of the division. Such approval shall

151

be given in a letter of agreement from the division.

152

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

153

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

154

of facilities and properties managed by the division and may

155

permit, without charge, appropriate use of administrative

156

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

157

support organization, subject to the provisions of this section.

158

Such use must be directly in keeping with the approved purposes

159

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

160

or places that would unreasonably interfere with opportunities

161

for the general public to use such facilities for established

162

purposes. Any moneys received from rentals of facilities and

163

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

164

Donations Trust Fund operating trust fund of the division or in a

165

separate depository account in the name of the citizen support

166

organization and subject to the provisions of the letter of

167

agreement with the division. The letter of agreement shall

168

provide that any funds held in the separate depository account in

169

the name of the citizen support organization shall revert to the

170

division if the citizen support organization is no longer

171

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

172

state.

173

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

174

which a citizen support organization shall comply in order to use

175

division administrative services, property, or facilities.

176

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

177

administrative services, property, or facilities of the state by

178

a citizen support organization which does not provide equal

179

membership and employment opportunities to all persons regardless

180

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

181

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

182

provide for an annual financial audit in accordance with s.

183

215.981. Information of the Museum of Florida History citizen

184

support organization which is confidential and exempt pursuant to

185

s. 267.17 shall retain its confidential and exempt status.

186

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

187

read:

188

     265.704 Historical museums; powers and duties of the

189

Division of Cultural Affairs.--

190

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

191

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

192

265.7025-265.709.

193

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

194

agreements with other agencies, organizations, associations,

195

corporations, and individuals or with federal agencies as it may

196

determine are necessary, expedient, or incidental to the

197

performance of its duties or the execution of its powers under

198

ss. 265.7025-265.709.

199

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

200

and endowments for purposes not inconsistent with its

201

responsibilities under this chapter. The division may also

202

establish an endowment that is consistent with the

203

responsibilities under ss. 265.7025-265.709.

204

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

205

     (a) Promote and encourage throughout the state knowledge

206

and appreciation of Florida history by encouraging the people of

207

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

208

museum items, treasure troves, and other historical properties;

209

the collection, research, fabrication, exhibition, preservation,

210

and interpretation of historical materials; the publicizing of

211

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

212

activities in historical and allied fields.

213

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

214

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

215

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

216

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

217

agencies and with municipalities, programs to promote and

218

encourage the teaching of Florida's history and heritage in

219

Florida schools and other educational institutions and other such

220

educational programs as may be appropriate.

221

     (d) Establish professional standards for the preservation,

222

exclusive of acquisition, of historical resources in state

223

ownership or control.

224

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

225

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

226

promote the location, acquisition, protection, preservation,

227

operation, and interpretation of historical resources to foster

228

an appreciation of Florida history and culture.

229

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

230

read:

231

     265.705 State policy relative to historical

232

properties.--The rich and unique heritage of historical

233

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

234

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

235

for present and future generations. The destruction of these

236

nonrenewable historical resources will engender a significant

237

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

238

environment. It is therefore declared to be state policy to

239

provide leadership in the preservation of the state's historical

240

resources and to administer state-owned or state-controlled

241

historical resources in a spirit of stewardship and trusteeship.

242

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

243

read:

244

     265.706 Objects of historical or archaeological value.--The

245

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

246

and make available for study objects that have intrinsic

247

historical or archaeological value relating to the history,

248

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

249

tangible personal property of historical or archaeological value.

250

Objects acquired under this section belong to the state and title

251

to such objects is vested in the division.

252

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

253

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

254

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

255

as soon thereafter as practicable, the division shall take a

256

complete inventory of all such objects in its custody the current

257

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

258

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

259

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

260

and all discrepancies shall be traced and reconciled. Objects of

261

historical or archaeological value are not required to be

262

identified by marking or other physical alteration of the

263

objects.

264

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

265

loan of any object that has historical or archaeological value in

266

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

267

historical, archaeological, or other studies; providing objects

268

relating to interpretive exhibits and other educational programs

269

that promote knowledge and appreciation of Florida history and

270

the programs of the division; or assisting the division in

271

carrying out its responsibility to ensure proper curation of the

272

objects.

273

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

274

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

275

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

276

the division, or that such an object will receive more

277

appropriate maintenance and preservation by another agency,

278

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

279

otherwise transfer ownership and custody of such object to

280

another agency, institution, or organization for the purpose of

281

ensuring the continued maintenance and preservation of such

282

object, or for the purpose of acquiring another object that

283

better serves the interests of the state and is more appropriate

284

for promoting knowledge and appreciation of Florida history and

285

the programs of the division.

286

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

287

transfer of objects of historical or archaeological value, the

288

division is exempt from chapter 273.

289

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

290

historical or archaeological value pursuant to subsection (3)

291

shall be deposited in the Grants and Donations Trust Fund and

292

shall be used exclusively for the acquisition of additional

293

historical and archaeological objects or the preservation and

294

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

295

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

296

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

297

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

298

state-owned objects of historical or archaeological value.

299

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

300

any provision of this section or any rule adopted pursuant to

301

this section commits a misdemeanor of the second degree,

302

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

303

     (8) Notwithstanding any provision of s. 287.022 or s.

304

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

305

museum collections, artifacts, exhibitions, relics, and fine arts

306

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

307

     Section 6.  Section 267.072, Florida Statutes, is renumbered

308

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

309

     265.707 267.072 Museum of Florida History and programs;

310

other historical museums.--

311

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

312

Florida History and other historical museums.

313

     (2)(1) The division shall establish and administer a museum

314

store in the Museum of Florida History to provide information and

315

materials relating to museum exhibits, collections, and programs

316

to the public and may operate additional stores associated with

317

the museum. The store may produce, acquire, and sell craft

318

products, replicas and reproductions of artifacts, documents, and

319

other merchandise relating to historical and cultural resources

320

and may make a reasonable charge for such merchandise. All

321

proceeds received from sales must be deposited into the Grants

322

and Donations Historical Resources Operating Trust Fund or, funds

323

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

324

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

325

bank account of the citizen support organization created pursuant

326

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

327

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

328

enter into agreements and accept credit-card payments as

329

compensation for goods and products sold. The division may

330

establish accounts in credit-card banks for the deposit of

331

credit-card sales invoices and to pay discounts and service

332

charges in connection with the use of credit cards.

333

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

334

operation of a nonprofit organization or association established

335

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

336

knowledge and appreciation of Florida history and the programs of

337

the Museum of Florida History and to cooperate with historical

338

societies and other organizations to provide funding and

339

promotional support for the programs of the museum. Such

340

organization or association may, with the consent of the

341

division, operate the museum store or conduct special events and

342

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

343

programs of the Museum of Florida History.

344

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

345

the purpose of assisting the Museum of Florida History and its

346

programs in the Grants and Donations Historical Resources

347

Operating Trust Fund to be used exclusively for the benefit of

348

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

349

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

350

     Section 7.  Section 267.0619, Florida Statutes, is

351

renumbered as section 265.708, Florida Statutes, and amended to

352

read:

353

     265.708 267.0619 Historical Museum Grants.--

354

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

355

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

356

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

357

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

358

a public or private profit or nonprofit corporation, partnership,

359

or other organization to assist in the development of public

360

educational exhibits relating to the historical resources of

361

Florida; and

362

     (b) Grants from the Historical Resources Operating Trust

363

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

364

assist such museums in paying for operating costs.

365

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

366

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

367

museum must fulfill the following criteria:

368

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

369

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

370

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

371

portion of the operating costs which is reasonably attributable

372

to its mission relating to the history of Florida;

373

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

374

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

375

immediately preceding the date upon which the museum applies for

376

the grant;

377

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

378

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

379

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

380

employed during the 2-year period immediately preceding the date

381

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

382

time staff member or the equivalent thereof whose primary

383

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

384

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

385

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

386

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

387

rules prescribing categories of grants, application requirements,

388

criteria and procedures for the review and evaluation of

389

applications, and other procedures necessary for the

390

administration of the program, subject to the requirements of

391

this section. Grant review panels appointed by the Secretary of

392

State and chaired by a member of the Florida Historical

393

Commission or a designee appointed by the commission's presiding

394

officer shall review each application for a museum grant-in-aid.

395

The review panel shall submit to the Secretary of State for

396

approval lists of all applications that are recommended by the

397

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

398

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

399

the award has been approved by the Secretary of State.

400

     (4) Grants Money received as an appropriation or

401

contribution to the grants program must be deposited into the

402

Historical Resources Operating Trust Fund. Money appropriated

403

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

404

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

405

appropriated from any source to the trust fund for the program

406

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

407

evaluating, acquiring, preserving, protecting, restoring,

408

rehabilitating, stabilizing, or excavating an archaeological or

409

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

410

those activities.

411

     (5) The division may grant moneys quarterly from the

412

Historical Resources Operating Trust Fund to history museums in

413

advance of an exhibit or program for which the moneys are

414

granted.

415

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

416

read:

417

     265.709 Publications.--The division may promote and

418

encourage the writing of Florida history and collect, edit,

419

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

420

books, monographs, and other materials relating to Florida

421

history. The division may establish a reasonable charge for such

422

publications and shall hold any moneys received from the sale of

423

publications in the Grants and Donations Trust Fund or in a

424

separate depository account in the name of a citizen support

425

organization formed pursuant to s. 265.703 and subject to the

426

provision of a letter of agreement with the division.

427

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

428

267.0612, Florida Statutes, is amended to read:

429

     267.0612  Florida Historical Commission; creation;

430

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

431

participation and involvement in the preservation and protection

432

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

433

there is created within the Department of State the "Florida

434

Historical Commission." The commission shall serve in an advisory

435

capacity to the director of the Division of Historical Resources

436

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

437

responsibilities of the division, as specified in this chapter.

438

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

439

Seven members shall be appointed by the Governor in consultation

440

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

441

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

442

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

443

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

444

architect who has expertise in historic preservation and

445

architectural history; one member must be a professional

446

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

447

professional architectural historian; one member must be an

448

archaeologist specializing in the field of prehistory; and one

449

member must be an archaeologist specializing in the historic

450

period. The remaining two members appointed by the Governor and

451

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

452

Speaker of the House of Representatives, respectively, must be

453

representatives of the general public with demonstrated interest

454

in the preservation of Florida's historical and archaeological

455

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

456

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

457

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

458

January 1 of the year of appointment.

459

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

460

Statutes, is amended to read:

461

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

462

to:

463

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

464

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

465

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

466

capital.

467

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

468

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

469

Statutes, are amended to read:

470

     267.0731  Great Floridians Program.--The division shall

471

establish and administer a program, to be entitled the Great

472

Floridians Program, which shall be designed to recognize and

473

record the achievements of Floridians, living and deceased, who

474

have made major contributions to the progress and welfare of this

475

state.

476

     (1)  The division shall nominate present or former citizens

477

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

478

made major contributions to the progress of the nation or this

479

state and its citizens. Nominations shall be submitted to the

480

Secretary of State who shall select from those nominated not less

481

than two persons each year who shall be honored with the

482

designation "Great Floridian," provided no person whose

483

contributions have been through elected or appointed public

484

service shall be selected while holding any such office.

485

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

486

seek the assistance of the organization acting in the capacity as

487

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

488

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

489

History.

490

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

491

committee composed of representatives of the Governor, each

492

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

493

Speaker of the House of Representatives, and the Secretary of

494

State organization described in paragraph (b). This committee

495

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

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

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used.

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

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cooperation from local volunteers throughout the state and, in

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particular, shall seek fundraising and other assistance of the

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citizen support organization created pursuant to s. 267.17 to

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support the programs of the Museum of Florida History.

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     1.2. The Department of State Museum of Florida History

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shall be the repository of the original negative, the original

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

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under the authority of this paragraph. The division also may

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

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or "Great Floridians" pursuant to s. 286.031.

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     2.3. The division shall arrange for the distribution of

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copies of all films to the general public, public television

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stations, educational institutions, and others and may establish

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a reasonable charge to recover costs associated with production

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

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marketing, and distribution of Great Floridians films. Proceeds

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from such charges shall be deposited into the Historical

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Resources Operating Trust Fund.

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

528

     Section 13.  Subsection (4) is added to section 272.129,

529

Florida Statutes, to read:

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     272.129  Florida Historic Capitol; space allocation;

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maintenance, repair, and security.--

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     (4)(a) The Legislative Research Center and Museum at the

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Historic Capitol, hereinafter referred to as "center," may

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support the establishment of a citizen support organization to

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provide assistance, funding, and promotional support for the

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center. For the purposes of this subsection, "citizen support

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organization" means an organization that is:

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     1. 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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     2. 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 administer

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in its own name securities, funds, objects of value, or other

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real and personal property, and make expenditures to or for the

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direct or indirect benefit of the center.

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     3. Determined by the center to be consistent with the goals

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of the center and in the best interests of the state.

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     4. Annually approved in writing by the center to operate

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for the direct or indirect benefit of the center. Such approval

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shall be given in a letter of agreement from the center.

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     (b)1. The Legislative Research Center and Museum at the

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Historic Capitol may permit, without charge, appropriate use of

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fixed property and facilities of the center by the citizen

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support organization, subject to the provisions of this

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subsection. Such use must be directly in keeping with the

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approved purposes of the citizen support organization and may not

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be made at times or places that would unreasonably interfere with

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normal operations of the center.

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     2. The center may prescribe by rule any condition with

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which the citizen support organization must comply in order to

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use fixed property or facilities of the center.

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     3. The center may not permit the use of any fixed property

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or facilities by any citizen support organization if such

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organization does not provide equal membership and employment

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opportunities to all persons regardless of race, color, religion,

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gender, age, or national origin.

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     (c) A citizen support organization shall provide for an

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annual financial audit in accordance with s. 215.981.

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     (d) All records of a citizen support organization

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constitute public records for the purposes of chapter 119.

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     (e) The citizen support organization for the Legislative

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Research Center and Museum at the Historic Capitol is authorized

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to collect rental fees, apply for and receive grants, and receive

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gifts and donations for the direct or indirect benefit of the

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center.

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     (f) All funds obtained through rental fees, grants, gifts,

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and donations to the citizen support organization shall be

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deposited into the account of the citizen support organization

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and used for the direct or indirect benefit of the Legislative

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Research Center and Museum at the Historic Capitol unless the

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citizen support organization is no longer authorized as required

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by this subsection, fails to comply with the requirements of this

584

subsection, fails to maintain its tax-exempt status pursuant to

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s. 501(c)(3) of the Internal Revenue Code, or ceases to exist. If

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the citizen support organization is no longer authorized as

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required by this subsection, fails to comply with the

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requirements of this subsection, fails to maintain its tax-exempt

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status pursuant to s. 501(c)(3) of the Internal Revenue Code, or

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ceases to exist, all funds obtained through rental fees, grants,

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gifts, and donations in the citizen support organization account

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shall revert to the state and be deposited into an account

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designated by the Legislature.

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     Section 14.  This act shall take effect July 1, 2008.