HB 987

1
A bill to be entitled
2An act relating to cultural and historical programs;
3creating s. 265.7025, F.S.; providing definitions;
4amending s. 265.703, F.S.; providing for more than one
5citizen support organization; adding historical and museum
6programs to those programs that can be assisted by the
7citizen support organizations of the Division of Cultural
8Affairs of the Department of State; revising the name of
9the trust fund into which funds are deposited; providing
10donor anonymity for the Museum of Florida History citizen
11support organization under the division as currently
12provided under the Division of Historical Resources of the
13Department of State; creating s. 265.704, F.S.; providing
14powers and duties of the Division of Cultural Affairs
15related to historical museums; creating s. 265.705, F.S.;
16providing state policy relating to historic properties;
17creating s. 265.706, F.S.; authorizing the division to
18acquire, maintain, preserve, interpret, exhibit, and make
19available for study certain objects having historical or
20archaeological value; vesting title of such objects in the
21division; requiring maintenance of records; requiring
22inventory of objects of specified value; authorizing the
23division to loan, exchange, sell, or otherwise transfer
24certain objects; providing exemptions from ch. 273, F.S.;
25providing for deposit and use of funds; requiring the
26adoption of rules; providing a penalty for certain
27violations by a custodian; providing for insuring of
28certain items; amending and renumbering s. 267.072, F.S.,
29relating to the Museum of Florida History and programs;
30transferring the responsibility for and administration of
31the Museum of Florida History, its programs, and the
32citizen support organization for the museum from the
33Division of Historical Resources to the Division of
34Cultural Affairs; providing for the operation of
35additional stores associated with the Museum of Florida
36History; authorizing the Division of Cultural Affairs to
37operate other historical museums; making technical changes
38to conform; amending and renumbering s. 267.0619, F.S.,
39relating to historical museum grants under the Division of
40Historical Resources of the Department of State;
41transferring the grant program to the Division of Cultural
42Affairs; making technical changes to conform; providing
43that a for-profit corporation, partnership, or
44organization is ineligible for receipt of such grants;
45creating s. 265.709, F.S.; authorizing the Division of
46Cultural Affairs to promote and encourage the writing of
47Florida history through certain activities; authorizing
48the collecting, editing, and publishing documents related
49to Florida history; authorizing the division to establish
50a reasonable charge for such publications; providing for
51such proceeds to be deposited in the Grants and Donations
52Trust Fund or certain separate depository accounts;
53amending s. 267.0612, F.S.; providing a uniform starting
54date for all appointments to the Florida Historical
55Commission; amending s. 267.071, F.S.; removing the Museum
56of Florida History as one of the historical museums that
57the Division of Historical Resources is required to
58encourage, promote, maintain, and operate; amending s.
59267.0731, F.S.; adding representatives of the Secretary of
60State to the list of representatives on the ad hoc
61committee responsible for making recommendations for Great
62Floridian nominations; deleting references to the citizen
63support organization for the Museum of Florida History;
64deleting responsibilities of the Museum of Florida
65History; requiring the Department of State to be the
66repository of certain films or videotapes produced on a
67Great Floridian as well as certain items related to such
68productions; repealing s. 267.174, F.S., relating to the
69Discovery of Florida Quincentennial Commemoration
70Commission; providing an effective date.
71
72Be It Enacted by the Legislature of the State of Florida:
73
74     Section 1.  Section 265.7025, Florida Statutes, is created
75to read:
76     265.7025  Definitions relating to historic programs.--For
77the purposes of ss. 265.7025-265.709, the term:
78     (1)  "Agency" means any state, county, or municipal
79officer, department, division, board, bureau, commission, or
80other separate unit of government created or established by law.
81     (2)  "Division" means the Division of Cultural Affairs of
82the Department of State.
83     (3)  "Florida history museum" means a public or private
84nonprofit institution which is established permanently in this
85state for the purpose of promoting and encouraging knowledge and
86appreciation of Florida history through the collection,
87preservation, exhibition, and interpretation of artifacts and
88other historical properties related to Florida history and the
89primary role of which is to collect and care for artifacts and
90other objects of intrinsic historical or archaeological value
91and exhibit them regularly through a facility or facilities
92owned or operated by the institution.
93     (4)  "Historic property" or "historic resource" means any
94prehistoric or historic district, site, building, object, or
95other real or personal property of historical, architectural, or
96archaeological value, and folklife resources. These properties
97or resources may include, but are not limited to, monuments,
98memorials, Indian habitations, ceremonial sites, abandoned
99settlements, sunken or abandoned ships, engineering works,
100treasure trove, artifacts, or other objects with intrinsic
101historical or archaeological value, or any part thereof,
102relating to the history, government, and culture of the state.
103     (5)  "Preservation" or "historic preservation" means the
104identification, evaluation, recordation, documentation,
105analysis, recovery, interpretation, curation, acquisition,
106protection, management, rehabilitation, restoration,
107stabilization, maintenance, or reconstruction of historic
108properties.
109     Section 2.  Subsection (1), paragraph (a) of subsection
110(2), and subsection (3) of section 265.703, Florida Statutes,
111are amended to read:
112     265.703  Citizen support organizations organization; use of
113state administrative services and property; audit.--
114     (1)  CITIZEN SUPPORT ORGANIZATIONS ORGANIZATION.--The
115division may support the establishment of a citizen support
116organizations organization to provide assistance, funding, and
117promotional support for the cultural, and arts, historical, and
118museum programs of the division. For the purposes of this
119section, a "citizen support organization" means an organization
120which is:
121     (a)  A Florida corporation not for profit incorporated
122under the provisions of chapter 617 and approved by the
123Department of State.
124     (b)  Organized and operated to conduct programs and
125activities; raise funds; request and receive grants, gifts, and
126bequests of money; acquire, receive, hold, invest, and
127administer, in its own name, securities, funds, objects of
128value, or other property, real or personal; and make
129expenditures to or for the direct or indirect benefit of the
130division or individual program units of the division.
131     (c)  Determined by the division to be consistent with the
132goals of the division and in the best interests of the state.
133     (d)  Approved in writing by the division to operate for the
134direct or indirect benefit of the division. Such approval shall
135be given in a letter of agreement from the division.
136     (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
137     (a)  The division may fix and collect charges for the
138rental of facilities and properties managed by the division and
139may permit, without charge, appropriate use of administrative
140services, property, and facilities of the division by a citizen
141support organization, subject to the provisions of this section.
142Such use must be directly in keeping with the approved purposes
143of the citizen support organization and may not be made at times
144or places that would unreasonably interfere with opportunities
145for the general public to use such facilities for established
146purposes. Any moneys received from rentals of facilities and
147properties managed by the division may be held in the Grants and
148Donations Trust Fund operating trust fund of the division or in
149a separate depository account in the name of the citizen support
150organization and subject to the provisions of the letter of
151agreement with the division. The letter of agreement shall
152provide that any funds held in the separate depository account
153in the name of the citizen support organization shall revert to
154the division if the citizen support organization is no longer
155approved by the division to operate in the best interests of the
156state.
157     (3)  ANNUAL AUDIT.--The citizen support organization shall
158provide for an annual financial audit in accordance with s.
159215.981. In regard to the Museum of Florida History citizen
160support organization, the identity of donors who desire to
161remain anonymous shall be confidential and exempt from the
162provisions of s. 119.07(1), and that anonymity shall be
163maintained in the auditor's report.
164     Section 3.  Section 265.704, Florida Statutes, is created
165to read:
166     265.704  Historical museums; powers and duties of the
167Division of Cultural Affairs.--
168     (1)  The division has authority to adopt rules pursuant to
169ss. 120.536(1) and 120.54 to implement the provisions of ss.
170265.7025-265.709.
171     (2)  The division may make and enter into all contracts and
172agreements with other agencies, organizations, associations,
173corporations, and individuals or with federal agencies as it may
174determine are necessary, expedient, or incidental to the
175performance of its duties or the execution of its powers under
176ss. 265.7025-265.709.
177     (3)  The division may accept gifts, grants, bequests,
178loans, and endowments for purposes not inconsistent with its
179responsibilities under this chapter. The division may also
180establish an endowment that is consistent with the
181responsibilities under ss. 265.7025-265.709.
182     (4)  It is the duty of the division to:
183     (a)  Promote and encourage throughout the state knowledge
184and appreciation of Florida history by encouraging the people of
185the state to engage in the preservation and care of artifacts,
186museum items, treasure trove, and other historical properties;
187the collection, research, fabrication, exhibition, preservation,
188and interpretation of historical materials; the publicizing of
189the state's history through media of public information; and
190other activities in historical and allied fields.
191     (b)  Encourage, promote, maintain, and operate historical
192museums, including, but not limited to, mobile museums, junior
193museums, and the Museum of Florida History in the state capital.
194     (c)  Plan and develop, in cooperation with other state
195agencies and with municipalities, programs to promote and
196encourage the teaching of Florida's history and heritage in
197Florida schools and other educational institutions and other
198such educational programs as may be appropriate.
199     (d)  Establish professional standards for the preservation,
200exclusive of acquisition, of historic resources in state
201ownership or control.
202     (e)  Take such other actions necessary or appropriate to
203locate, acquire, protect, preserve, operate, interpret, and
204promote the location, acquisition, protection, preservation,
205operation, and interpretation of historic resources to foster an
206appreciation of Florida history and culture. Prior to the
207acquisition, preservation, interpretation, or operation of a
208historic property by a state agency, the division shall be
209provided a reasonable opportunity to review and comment on the
210proposed undertaking and shall determine that there exists
211historical authenticity and a feasible means of providing for
212the preservation, interpretation, and operation of such
213property.
214     Section 4.  Section 265.705, Florida Statutes, is created
215to read:
216     265.705  State policy relative to historic properties.--The
217rich and unique heritage of historic properties in this state,
218representing more than 10,000 years of human presence, is an
219important legacy to be valued and conserved for present and
220future generations. The destruction of these nonrenewable
221historical resources will engender a significant loss to the
222state's quality of life, economy, and cultural environment. It
223is therefore declared to be state policy to provide leadership
224in the preservation of the state's historic resources and to
225administer state-owned or state-controlled historic resources in
226a spirit of stewardship and trusteeship.
227     Section 5.  Section 265.706, Florida Statutes, is created
228to read:
229     265.706  Objects of historical or archaeological value.--
230The division shall acquire, maintain, preserve, interpret,
231exhibit, and make available for study objects which have
232intrinsic historical or archaeological value relating to the
233history, government, or culture of the state. Such objects may
234include tangible personal property of historical or
235archaeological value. Objects acquired under this section belong
236to the state, and title to such objects is vested in the
237division.
238     (1)  Notwithstanding s. 273.02, the division shall maintain
239an adequate record of all objects in its custody which have a
240historical or archaeological value. Once each year, on July 1 or
241as soon thereafter as practicable, the division shall take a
242complete inventory of all such objects in its custody the value
243or cost of which is $1,000 or more and a sample inventory of
244such objects the value or cost of which is less than $1,000.
245Each inventory shall be compared with the property record, and
246all discrepancies shall be traced and reconciled. Objects of
247historical or archaeological value are not required to be
248identified by marking or other physical alteration of the
249objects.
250     (2)  The division may arrange for the temporary or
251permanent loan of any object which has historical or
252archaeological value in its custody. Such loans shall be for the
253purpose of assisting historical, archaeological, or other
254studies; providing objects relating to interpretive exhibits and
255other educational programs which promote knowledge and
256appreciation of Florida history and the programs of the
257division; or assisting the division in carrying out its
258responsibility to ensure proper curation of the objects.
259     (3)  The division may determine from time to time that an
260object which is in its custody and which is owned by the state
261has no further use or value for the research, exhibit, or
262educational programs of the division, or that such an object
263will receive more appropriate maintenance and preservation by
264another agency, institution, or organization, and may loan,
265exchange, sell, or otherwise transfer ownership and custody of
266such object to another agency, institution, or organization for
267the purpose of ensuring the continued maintenance and
268preservation of such object, or for the purpose of acquiring
269another object which better serves the interests of the state
270and is more appropriate for promoting knowledge and appreciation
271of Florida history and the programs of the division.
272     (4)  For the purpose of the exchange, sale, or other
273transfer of objects of historical or archaeological value, the
274division is exempt from chapter 273.
275     (5)  All moneys received from the sale of an object which
276has historical or archaeological value pursuant to subsection
277(3) shall be deposited in the Grants and Donations Trust Fund
278and shall be used exclusively for the acquisition of additional
279historical and archaeological objects or the preservation and
280maintenance of any such objects in the custody of the division.
281     (6)  The division shall adopt rules pursuant to ss.
282120.536(1) and 120.54 that prescribe criteria for the inventory
283and for the loan, exchange, sale, transfer, or other disposal of
284state-owned objects of historical or archaeological value.
285     (7)  Any custodian as defined in s. 273.01(1) who violates
286any provision of this section or any rule adopted pursuant to
287this section commits a misdemeanor of the second degree,
288punishable as provided in s. 775.082 or s. 775.083.
289     (8)  Notwithstanding any provision of s. 287.022 or s.
290287.025(1)(e), the division may enter into contracts to insure
291museum collections, artifacts, exhibitions, relics, and fine
292arts which are loaned to it or to which it holds title.
293     Section 6.  Section 267.072, Florida Statutes, is
294renumbered as section 265.707, Florida Statutes, and amended to
295read:
296     265.707 267.072  Museum of Florida History and programs;
297other historical museums.--
298     (1)  The division is authorized to operate the Museum of
299Florida History and other historical museums.
300     (2)(1)  The division shall establish and administer a
301museum store in the Museum of Florida History to provide
302information and materials relating to museum exhibits,
303collections, and programs to the public and may operate
304additional stores associated with the museum. The store may
305produce, acquire, and sell craft products, replicas and
306reproductions of artifacts, documents, and other merchandise
307relating to historical and cultural resources and may make a
308reasonable charge for such merchandise. All proceeds received
309from sales must be deposited into the Grants and Donations
310Historical Resources Operating Trust Fund or, funds in excess of
311the amount required to pay employees involved in the direct
312management of the museum store, may be deposited into a bank
313account of the citizen support organization created pursuant to
314s. 265.703 s. 267.17 and may only be used to support the
315programs of the Museum of Florida History. The museum store may
316enter into agreements and accept credit-card payments as
317compensation for goods and products sold. The division may
318establish accounts in credit-card banks for the deposit of
319credit-card sales invoices and to pay discounts and service
320charges in connection with the use of credit cards.
321     (3)(2)  The division shall support the establishment and
322operation of a nonprofit organization or association established
323pursuant to s. 265.703 s. 267.17 to promote and encourage
324knowledge and appreciation of Florida history and the programs
325of the Museum of Florida History and to cooperate with
326historical societies and other organizations to provide funding
327and promotional support for the programs of the museum. Such
328organization or association may, with the consent of the
329division, operate the museum store or conduct special events and
330programs in the museum. All proceeds must be used to support the
331programs of the Museum of Florida History.
332     (4)(3)  The division shall deposit gifts and donations for
333the purpose of assisting the Museum of Florida History and its
334programs in the Grants and Donations Historical Resources
335Operating Trust Fund to be used exclusively for the benefit of
336programs of the museum and in a manner consistent with any terms
337or conditions agreed to by the division in accepting such gifts.
338     Section 7.  Section 267.0619, Florida Statutes, is
339renumbered as section 265.708, Florida Statutes, and amended to
340read:
341     265.708 267.0619  Historical Museum Grants.--
342     (1)  The division may conduct a program to provide:
343     (1)(a)  Grants from the Historical Resources Operating
344Trust Fund, including matching grants, to a department or agency
345of the state; a unit of county, municipal, or other local
346government; or a public or private profit or nonprofit
347corporation, partnership, or other organization to assist in the
348development of public educational exhibits relating to the
349historical resources of Florida; and
350     (b)  Grants from the Historical Resources Operating Trust
351Fund to Florida history museums that are not state-operated to
352assist such museums in paying for operating costs.
353     (2)  In order to be eligible to receive a grant from the
354trust fund to assist in paying operating costs, a Florida
355history museum must fulfill the following criteria:
356     (a)  The mission of the museum must relate directly and
357primarily to the history of Florida. If the museum has more than
358one mission, the museum is eligible to receive a grant for that
359portion of the operating costs which is reasonably attributable
360to its mission relating to the history of Florida;
361     (b)  The museum must have been operating and open to the
362public for at least 180 days each year during the 2-year period
363immediately preceding the date upon which the museum applies for
364the grant;
365     (c)  The museum must be open and providing museum services
366to the public for at least 180 days each year; and
367     (d)  The museum must currently employ, and must have
368employed during the 2-year period immediately preceding the date
369upon which the museum applies for the grant, at least one full-
370time staff member or the equivalent thereof whose primary
371responsibility is to acquire, maintain, and exhibit to the
372public objects that are owned by, or are on loan to, the museum.
373     (3)  An application for a grant must be made to the
374division on a form provided by the division. The division shall
375adopt rules prescribing categories of grants, application
376requirements, criteria and procedures for the review and
377evaluation of applications, and other procedures necessary for
378the administration of the program, subject to the requirements
379of this section. Grant review panels appointed by the Secretary
380of State and chaired by a member of the Florida Historical
381Commission or a designee appointed by the commission's presiding
382officer shall review each application for a museum grant-in-aid.
383The review panel shall submit to the Secretary of State for
384approval lists of all applications that are recommended by the
385panel for the award of grants, arranged in order of priority.
386The division may award a grant to a Florida history museum only
387if the award has been approved by the Secretary of State.
388     (4)  Grants Money received as an appropriation or
389contribution to the grants program must be deposited into the
390Historical Resources Operating Trust Fund. Money appropriated
391from general revenue to the trust fund for the program may not
392be awarded granted to a private for-profit museum or used. Money
393appropriated from any source to the trust fund for the program
394may not be granted to pay the cost of locating, identifying,
395evaluating, acquiring, preserving, protecting, restoring,
396rehabilitating, stabilizing, or excavating an archaeological or
397historic site or a historic building or the planning of any of
398those activities.
399     (5)  The division may grant moneys quarterly from the
400Historical Resources Operating Trust Fund to history museums in
401advance of an exhibit or program for which the moneys are
402granted.
403     Section 8.  Section 265.709, Florida Statutes, is created
404to read:
405     265.709  Publications.--The division may promote and
406encourage the writing of Florida history and collect, edit,
407publish, and print pamphlets, papers, manuscripts, documents,
408books, monographs, and other materials relating to Florida
409history. The division may establish a reasonable charge for such
410publications and shall hold any moneys received from the sale of
411publications in the Grants and Donations Trust Fund or in a
412separate depository account in the name of a citizen support
413organization formed pursuant to s. 265.703 and subject to the
414provision of a letter of agreement with the division.
415     Section 9.  Paragraph (a) of subsection (1) of section
416267.0612, Florida Statutes, is amended to read:
417     267.0612  Florida Historical Commission; creation;
418membership; powers and duties.--In order to enhance public
419participation and involvement in the preservation and protection
420of the state's historic and archaeological sites and properties,
421there is created within the Department of State the "Florida
422Historical Commission." The commission shall serve in an
423advisory capacity to the director of the Division of Historical
424Resources to assist the director in carrying out the purposes,
425duties, and responsibilities of the division, as specified in
426this chapter.
427     (1)(a)1.  The commission shall be composed of 11 members.
428Seven members shall be appointed by the Governor in consultation
429with the Secretary of State, two members shall be appointed by
430the President of the Senate, and two members shall be appointed
431by the Speaker of the House of Representatives. Of the seven
432members appointed by the Governor, one member must be a licensed
433architect who has expertise in historic preservation and
434architectural history; one member must be a professional
435historian in the field of American history; one member must be a
436professional architectural historian; one member must be an
437archaeologist specializing in the field of prehistory; and one
438member must be an archaeologist specializing in the historic
439period. The remaining two members appointed by the Governor and
440the two members appointed by the President of the Senate and the
441Speaker of the House of Representatives, respectively, must be
442representatives of the general public with demonstrated interest
443in the preservation of Florida's historical and archaeological
444heritage. At least one member of the commission shall be a
445resident of a county that has a population of 75,000 or fewer.
446     2.  After June 30, 2008, terms of appointment shall begin
447on January 1 of the year of appointment.
448     Section 10.  Subsection (2) of section 267.071, Florida
449Statutes, is amended to read:
450     267.071  Historical museums.--It is the duty of the
451division to:
452     (2)  Encourage, promote, maintain, and operate historical
453museums, including, but not limited to, mobile museums and,
454junior museums, and the Museum of Florida History in the state
455capital.
456     Section 11.  paragraphs (b) and (c) of subsection (1) and
457paragraph (a) of subsection (2) of section 267.0731, Florida
458Statutes, are amended to read:
459     267.0731  Great Floridians Program.--The division shall
460establish and administer a program, to be entitled the Great
461Floridians Program, which shall be designed to recognize and
462record the achievements of Floridians, living and deceased, who
463have made major contributions to the progress and welfare of
464this state.
465     (1)  The division shall nominate present or former citizens
466of this state, living or deceased, who during their lives have
467made major contributions to the progress of the nation or this
468state and its citizens. Nominations shall be submitted to the
469Secretary of State who shall select from those nominated not
470less than two persons each year who shall be honored with the
471designation "Great Floridian," provided no person whose
472contributions have been through elected or appointed public
473service shall be selected while holding any such office.
474     (b)  In formulating its nominations, the division shall
475also seek the assistance of the organization acting in the
476capacity as a citizen support organization of the division,
477pursuant to s. 267.17 and approved to act on behalf of the
478Museum of Florida History.
479     (b)(c)  Annually, the division shall convene an ad hoc
480committee composed of representatives of the Governor, each
481member of the Florida Cabinet, the President of the Senate, the
482Speaker of the House of Representatives, and the Secretary of
483State organization described in paragraph (b). This committee
484shall meet at least twice. The committee shall nominate not
485fewer than two persons whose names shall be submitted to the
486Secretary of State with the recommendation that they be honored
487with the designation "Great Floridian."
488     (2)  Upon designation of a person as a Great Floridian by
489the Secretary of State, the division shall undertake appropriate
490activities intended to achieve wide public knowledge of the
491person designated.
492     (a)  The division may seek to initiate production of a film
493or videotape depicting the life and contributions of the
494designee to this state and to the nation. If technology
495surpasses the use of film or videotape, another medium of equal
496quality may be used.
497     1.  In the production of such films, the division shall
498seek cooperation from local volunteers throughout the state and,
499in particular, shall seek fundraising and other assistance of
500the citizen support organization created pursuant to s. 267.17
501to support the programs of the Museum of Florida History.
502     1.2.  The Department of State Museum of Florida History
503shall be the repository of the original negative, the original
504master tape, and all cuttings, of any film or videotape produced
505under the authority of this paragraph. The division also may
506exercise the right of trademark over the terms "Great Floridian"
507or "Great Floridians" pursuant to s. 286.031.
508     2.3.  The division shall arrange for the distribution of
509copies of all films to the general public, public television
510stations, educational institutions, and others and may establish
511a reasonable charge to recover costs associated with production
512and to provide a source of revenue to assist with reproduction,
513marketing, and distribution of Great Floridians films. Proceeds
514from such charges shall be deposited into the Historical
515Resources Operating Trust Fund.
516     Section 12.  Section 267.174, Florida Statutes, is
517repealed.
518     Section 13.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.