Florida Senate - 2010 SB 2010
By Senator Dean
3-01577-10 20102010__
1 A bill to be entitled
2 An act relating to the Florida Agricultural Museum;
3 repealing s. 570.901, F.S., relating to the museum;
4 amending ss. 570.902 and 570.903, F.S., relating to
5 direct-support organizations for the museum and
6 certain other programs and definitions applicable to
7 such provisions; deleting provisions pertaining to the
8 museum to conform to the repeal by the act of
9 provisions establishing the museum; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 570.901, Florida Statutes, is repealed.
15 Section 2. Section 570.902, Florida Statutes, is amended to
16 read:
17 570.902 Definitions; ss. 570.902 and 570.903.—For the
18 purpose of ss. 570.902 and 570.903:
19 (1) “Designated program” means the specific departmental
20 program which a direct-support organization has been created to
21 support.
22 (2) “Direct-support organization” or “organization” means
23 an organization which is a Florida corporation not for profit
24 incorporated under the provisions of chapter 617 and approved by
25 the department to operate for the benefit of a museum or a
26 specific departmental program.
27 (3) “Museum” means the Florida Agricultural Museum which is
28 designated as the museum for agriculture and rural history of
29 the State of Florida.
30 Section 3. Section 570.903, Florida Statutes, is amended to
31 read:
32 570.903 Direct-support organization.—
33 (1) When the Legislature authorizes the establishment of a
34 direct-support organization to provide assistance for the
35 museums, the Florida Agriculture in the Classroom Program, the
36 Florida State Collection of Arthropods, the Friends of the
37 Florida State Forests Program of the Division of Forestry, and
38 the Forestry Arson Alert Program, and other programs of the
39 department, the following provisions shall govern the creation,
40 use, powers, and duties of the direct-support organization.
41 (a) The department shall enter into a memorandum or letter
42 of agreement with the direct-support organization, which shall
43 specify the approval of the department, the powers and duties of
44 the direct-support organization, and rules with which the
45 direct-support organization shall comply.
46 (b) The department may permit, without charge, appropriate
47 use of property, facilities, and personnel of the department by
48 a direct-support organization, subject to the provisions of ss.
49 570.902 and 570.903. The use shall be directly in keeping with
50 the approved purposes of the direct-support organization and
51 shall not be made at times or places that would unreasonably
52 interfere with opportunities for the general public to use
53 department facilities for established purposes.
54 (c) The department shall prescribe by contract or by rule
55 conditions with which a direct-support organization shall comply
56 in order to use property, facilities, or personnel of the
57 department or museum. Such rules shall provide for budget and
58 audit review and oversight by the department.
59 (d) The department may shall not permit the use of
60 property, facilities, or personnel of the museum, department, or
61 designated program by a direct-support organization which does
62 not provide equal employment opportunities to all persons
63 regardless of race, color, religion, sex, age, or national
64 origin.
65 (2)(a) The direct-support organization shall be empowered
66 to conduct programs and activities; raise funds; request and
67 receive grants, gifts, and bequests of money; acquire, receive,
68 hold, invest, and administer, in its own name, securities,
69 funds, objects of value, or other property, real or personal;
70 and make expenditures to or for the direct or indirect benefit
71 of the museum or designated program.
72 (b) Notwithstanding the provisions of s. 287.057, the
73 direct-support organization may enter into contracts or
74 agreements with or without competitive bidding for the
75 restoration of objects, historical buildings, and other
76 historical materials or for the purchase of objects, historical
77 buildings, and other historical materials which are to be added
78 to the collections of the museum, or benefit the designated
79 program. However, before the direct-support organization may
80 enter into a contract or agreement without competitive bidding,
81 the direct-support organization shall file a certification of
82 conditions and circumstances with the internal auditor of the
83 department justifying each contract or agreement.
84 (c) Notwithstanding the provisions of s. 287.025(1)(e), the
85 direct-support organization may enter into contracts to insure
86 property of the museum or designated programs and may insure
87 objects or collections on loan from others in satisfying
88 security terms of the lender.
89 (3) The direct-support organization shall provide for an
90 annual financial audit in accordance with s. 215.981.
91 (4) Neither a designated program or a museum, nor a
92 nonprofit corporation trustee or employee may:
93 (a) Receive a commission, fee, or financial benefit in
94 connection with the sale or exchange of historical objects or
95 properties to the direct-support organization, the museum, or
96 the designated program; or
97 (b) Be a business associate of any individual, firm, or
98 organization involved in the sale or exchange of property to the
99 direct-support organization, the museum, or the designated
100 program.
101 (5) All moneys received by the direct-support organization
102 shall be deposited into an account of the direct-support
103 organization and shall be used by the organization in a manner
104 consistent with the goals of the museum or designated program.
105 (6) The identity of a donor or prospective donor who
106 desires to remain anonymous and all information identifying such
107 donor or prospective donor are confidential and exempt from the
108 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
109 Constitution.
110 (7) The Commissioner of Agriculture, or the commissioner’s
111 designee, may serve on the board of trustees and the executive
112 committee of any direct-support organization established to
113 benefit the museum or any designated program.
114 (8) The department shall establish by rule archival
115 procedures relating to museum artifacts and records. The rules
116 shall provide procedures which protect the museum’s artifacts
117 and records equivalent to those procedures which have been
118 established by the Department of State under chapters 257 and
119 267.
120 Section 4. This act shall take effect July 1, 2010.