Florida Senate - 2010 CS for CS for CS for SB 2330
By the Committees on Transportation and Economic Development
Appropriations; Governmental Oversight and Accountability;
Commerce; and Commerce
606-04864-10 20102330c3
1 A bill to be entitled
2 An act relating to a review of the Department of State
3 under the Florida Government Accountability Act;
4 reenacting s. 20.10, F.S., relating to the
5 establishment of the department; amending s. 117.01,
6 F.S.; assigning various duties of the Executive Office
7 of the Governor relating to notaries public to the
8 department; revising the application requirements for
9 notaries public; requiring notary public applicants to
10 complete certain interactive or classroom instruction;
11 authorizing certain persons or entities to offer
12 courses for the required instruction; revising
13 provisions for the deposit and use of funds from the
14 notary public surcharge; providing penalties for
15 applicants who submit applications containing certain
16 statements; requiring the department to provide notice
17 on notary application forms of criminal penalties for
18 providing false information; providing for the filing
19 and investigation of complaints against notaries
20 public; requiring the department to submit
21 investigative findings to the Executive Office of the
22 Governor; deleting obsolete provisions relating to
23 notary bonds; requiring entities issuing notary bonds
24 to submit annual reports to the department; requiring
25 the department to refuse bonding certificates from
26 such entity that does not submit its annual report by
27 a specified date; conforming provisions; amending ss.
28 117.021, 117.05, and 117.103, F.S.; deleting an
29 obsolete provision relating to notary public seals;
30 conforming provisions; amending s. 117.107, F.S.;
31 prohibiting a notary public from using a signature
32 stamp except under certain circumstances; providing
33 penalties; specifying that notaries public are subject
34 to suspension under certain circumstances;
35 transferring the administration of certain provisions
36 relating to notaries public from the Executive Office
37 of the Governor to the department; amending s. 668.50,
38 F.S.; deleting requirements for certain interactive or
39 classroom instruction for notaries public, to conform;
40 amending s. 257.015, F.S.; providing definitions;
41 amending s. 257.02, F.S.; renaming the State Library
42 Council; revising the council’s membership and duties;
43 providing for a quorum of council members; specifying
44 the vote required for official action by the council;
45 amending s. 257.031, F.S.; conforming provisions;
46 amending s. 257.05, F.S.; establishing the state
47 publications program; requiring state agencies to
48 furnish the department’s Division of Library and
49 Information Services with copies of state publications
50 and designate agency publications liaisons; deleting
51 provisions requiring certain officials and agencies to
52 provide the division with specified numbers of public
53 documents; revising the division’s duties with respect
54 to the management, distribution, and exchange of state
55 publications and the establishment of a periodic
56 bibliography for such publications; requiring
57 depository libraries to maintain state publications in
58 a specified manner; authorizing the division to adopt
59 rules; amending s. 257.105, F.S.; requiring state
60 agencies to furnish copies of state publications to
61 the Library of Congress; conforming provisions;
62 amending s. 267.0612, F.S.; revising the duties of the
63 Florida Historical Commission; transferring to the
64 commission and revising provisions for the Official
65 Florida Historical Markers, the State Historical
66 Marker Program, and the Great Floridians Program to
67 conform to the repeal by the act of provisions
68 establishing the State Historical Marker Council and
69 the Great Floridians Program; amending s. 267.075,
70 F.S.; deleting provisions establishing The Grove
71 Advisory Council; authorizing the Division of
72 Historical Resources to charge visitor fees, establish
73 an endowment, and conduct fundraising activities;
74 authorizing the division, or under certain
75 circumstances a citizen support organization, to
76 operate a museum store and provide visitor services
77 and activities at The Grove; providing for use of the
78 net proceeds from the museum store and the visitor
79 services and activities; amending s. 267.16, F.S.;
80 requiring the division to make folklife apprenticeship
81 programs available throughout the state; amending s.
82 267.161, F.S.; assigning certain duties to the Florida
83 Folklife Council with respect to folklife
84 apprenticeship programs; amending ss. 283.31 and
85 286.001, F.S.; conforming provisions to changes made
86 by the act; conforming cross-references; amending s.
87 872.05, F.S.; excluding certain portions of human
88 remains from the definition of the term “unmarked
89 human burial” for purposes of the duties of the State
90 Archaeologist and district medical examiners;
91 repealing ss. 267.0731 and 267.0743, F.S., relating to
92 the Great Floridians Program and the State Historical
93 Marker Council, respectively; providing an effective
94 date.
95
96 Be It Enacted by the Legislature of the State of Florida:
97
98 Section 1. Section 20.10, Florida Statutes, is reenacted.
99 Section 2. Section 117.01, Florida Statutes, is amended to
100 read:
101 117.01 Appointment, application, suspension, revocation,
102 application fee, bond, and oath.—
103 (1) The Governor may appoint as many notaries public as he
104 or she deems necessary, each of whom must shall be at least 18
105 years of age and a legal resident of the state. A permanent
106 resident alien may apply and be appointed and shall file with
107 his or her application a recorded declaration of domicile. The
108 residence required for appointment must be maintained throughout
109 the term of appointment.
110 (2) An applicant for appointment as a notary public,
111 including an original, renewal, or subsequent applicant, must
112 submit proof that, within 1 year before application, he or she
113 completed at least 3 hours of interactive or classroom
114 instruction, including electronic notarization, covering the
115 duties of the notary public. Courses satisfying this requirement
116 may be offered by any public or private-sector person or entity
117 registered with the Department of State and must include a core
118 curriculum approved by the department.
119 (3) A notary Notaries public shall be appointed for a term
120 of 4 years and shall use and exercise the office of notary
121 public within the boundaries of this state. An applicant must be
122 able to read, write, and understand the English language.
123 (4)(2) The application for appointment must shall be signed
124 and sworn to or affirmed by the applicant, submitted to the
125 Department of State, and shall be accompanied by a fee of $25,
126 together with the $10 commission fee required by s. 113.01, and
127 a surcharge of $4. Of the surcharge, $2.80 shall be deposited
128 into the Grants and Donations Trust Fund of which $4 is
129 appropriated to the Executive Office of the Governor to be used
130 to fund the issuance of notary commissions and the processing of
131 suspensions, and the remaining $1.20 shall be deposited into the
132 Operating Trust Fund of the Department of State to be used to
133 fund the processing of notary applications, education educate
134 and assistance for assist notaries public, and the investigation
135 of complaints against notaries public.
136 (a) The Department of State Executive Office of the
137 Governor may contract with private vendors to provide the
138 services set forth in this section. However, a no commission fee
139 is not shall be required for the issuance of a commission as a
140 notary public to a veteran, as defined in s. 1.01, who served
141 during a period of wartime service, as defined in s. 1.01(14),
142 and who has been rated by the United States Government or the
143 United States Department of Veterans Affairs or its predecessor
144 to have a disability rating of 50 percent or more; such a
145 disability is subject to verification by the Department
146 Secretary of State, which who has authority to adopt reasonable
147 procedures to implement this chapter act.
148 (b) An application must be accompanied by the oath of
149 office and the notary bond required by this section. An shall
150 also accompany the application must and shall be submitted in
151 the format a form prescribed by the Department of State and, at
152 a minimum, must include which shall require, but not be limited
153 to, the following information:
154 1. The applicant’s legal full name.,
155 2. The applicant’s residence address and telephone number.,
156 3. The applicant’s business address and telephone number.,
157 4. The applicant’s date of birth, race, gender, and
158 citizenship status. sex,
159 5. The applicant’s social security number., citizenship
160 status,
161 6. The applicant’s driver’s license number or the number of
162 another other official state-issued identification., affidavit
163 of good character from someone unrelated to the applicant who
164 has known the applicant for 1 year or more,
165 7. A list of all professional licenses and commissions
166 issued by the state to the applicant during the previous 10
167 years and a statement as to whether or not the applicant has had
168 such license or commission revoked or suspended., and
169 8. A statement as to whether the applicant has previously
170 been commissioned as a notary public in this state.
171 9. A statement as to whether or not the applicant has been
172 convicted or found guilty of a felony, and, if convicted or
173 found guilty there has been a conviction, a statement of the
174 nature of the felony and restoration of civil rights. The
175 applicant may not use a fictitious or assumed name other than a
176 nickname on an application for commission.
177 (c) The application shall be maintained by the Department
178 of State for the full term of a notary commission. A notary
179 public shall notify, in writing, the Department of State of any
180 change in his or her business address or, home telephone number,
181 residence address or business telephone number, home address, or
182 criminal history record within 60 days after such change.
183 (d) The Department of State or Governor may require any
184 other information he or she deems necessary for determining
185 whether an applicant is eligible for a notary public commission.
186 Each applicant must swear or affirm on the application that the
187 information on the application is true and correct.
188 (e) An applicant who submits an application that he or she
189 knows to contain any false, fictitious, or fraudulent statement
190 violates s. 817.155.
191 (f) The Department of State shall conspicuously place on
192 all notary public application forms the following statement:
193 “Please note that any applicant who submits an application that
194 he or she knows to contain any false, fictitious, or fraudulent
195 statement commits a felony of the third degree pursuant to s.
196 817.155, Florida Statutes.”
197 (5)(3) As part of the oath, the applicant must swear or
198 affirm that he or she has read this chapter and knows the
199 duties, responsibilities, limitations, and powers of a notary
200 public.
201 (6) Any person may file a complaint with the Department of
202 State alleging a violation of this chapter by a notary public.
203 Upon receipt of a complaint, the department shall investigate
204 the complaint and submit a summary of its investigative findings
205 to the Executive Office of the Governor.
206 (7)(4) The Governor may suspend a notary public for any of
207 the grounds provided in s. 7, Art. IV of the State Constitution.
208 Grounds constituting malfeasance, misfeasance, or neglect of
209 duty include, but are not limited to, the following:
210 (a) A material false statement on the application.
211 (b) A complaint found to have merit by the Governor.
212 (c) Failure to cooperate with or respond to an
213 investigation by the Executive Office of the Governor Governor’s
214 office or the Department of State regarding a complaint.
215 (d) Official misconduct as defined in s. 838.022.
216 (e) False or misleading advertising relating to notary
217 public services.
218 (f) Unauthorized practice of law.
219 (g) Failure to report a change in business or residence
220 home address or telephone number, or failure to submit
221 documentation to request an amended commission after a lawful
222 name change, within the specified period of time.
223 (h) Commission of fraud, misrepresentation, or any
224 intentional violation of this chapter.
225 (i) Charging fees in excess of fees authorized by this
226 chapter.
227 (j) Failure to maintain the bond required by this section.
228 (8)(5)(a) If a notary public receives notice from the
229 Department of State that he or she his or her office has been
230 suspended from office declared vacant, the notary public shall
231 forthwith mail or deliver to the Secretary of State his or her
232 notary commission to the Department of State.
233 (9)(b) A notary public who wishes to resign his or her
234 commission, or a notary public who does not maintain legal
235 residence in this state during the entire term of appointment,
236 or a notary public whose resignation is required by the
237 Governor, shall send a signed letter of resignation to the
238 Governor and shall return his or her certificate of notary
239 public commission. The resigning notary public shall destroy his
240 or her official notary public seal of office, unless the
241 Governor requests its return.
242 (10)(6) A No person may not be automatically be reappointed
243 as a notary public. The application process must be completed
244 regardless of whether an applicant is requesting his or her
245 initial first notary commission, a renewal of a commission, or
246 any subsequent commission.
247 (11)(7)(a) A notary public shall, before prior to executing
248 the duties of the office and throughout the term of office, give
249 bond, payable to any individual harmed as a result of a breach
250 of duty by the notary public acting in his or her official
251 capacity, in the amount of $7,500, conditioned on for the due
252 discharge of the office and shall take an oath that he or she
253 will honestly, diligently, and faithfully discharge the duties
254 of the notary public.
255 (a) The bond must shall be approved and filed with the
256 Department of State and executed by a surety company for hire
257 duly authorized to transact business in this state.
258 (b) Any notary public whose term of appointment extends
259 beyond January 1, 1999, is required to increase the amount of
260 his or her bond to $7,500 only upon reappointment on or after
261 January 1, 1999.
262 (b)(c) Beginning July 1, 1996, Surety companies for hire
263 which process notary public applications, oaths, or affidavits
264 of character, and bonds for submission to the Department of
265 State must properly submit these documents in a software and
266 hard copy format approved by the department of State.
267 (c)(8) An Upon payment to any individual harmed as a result
268 of a breach of duty by the notary public, the entity issuing
269 bonds for one or more notaries public must submit an annual
270 report to the Department of State by January 1 of each year
271 which includes a statement of whether any claims were paid and,
272 if the claims were paid, a summary of who has issued the bond
273 for the notary public shall notify the Governor of the payment
274 and the circumstances that which led to the claim. If an entity
275 issuing such bonds does not submit its annual report to the
276 department by January 1, the department shall refuse to accept
277 bonding certificates from the entity until the entity submits
278 its annual report.
279 Section 3. Subsection (4) of section 117.021, Florida
280 Statutes, is amended to read:
281 117.021 Electronic notarization.—
282 (4) Failure of a notary public to comply with any of the
283 requirements of this section may constitute grounds for
284 suspension of the notary public’s commission by the Executive
285 Office of the Governor.
286 Section 4. Subsections (1), (3), and (9) of section 117.05,
287 Florida Statutes, are amended to read:
288 117.05 Use of notary commission; unlawful use; notary fee;
289 seal; duties; employer liability; name change; advertising;
290 photocopies; penalties.—
291 (1) A No person may not shall obtain or use a notary public
292 commission in other than his or her legal name or, and it is
293 unlawful for a notary public to notarize his or her own
294 signature. Any person applying for a notary public commission
295 must submit proof of identity to the Department of State if so
296 requested. Any person who violates the provisions of this
297 subsection commits is guilty of a felony of the third degree,
298 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
299 (3)(a) A notary public seal shall be affixed to all
300 notarized paper documents and shall be of the rubber stamp type
301 and shall include the words “Notary Public-State of Florida.”
302 The seal must shall also include the name of the notary public,
303 the date of expiration of the commission of the notary public,
304 and the commission number. The rubber stamp seal must be affixed
305 to the notarized paper document in photographically reproducible
306 black ink. Every notary public shall print, type, or stamp below
307 his or her signature on a paper document his or her name exactly
308 as commissioned. An impression-type seal may be used in addition
309 to the rubber stamp seal, but the rubber stamp seal is shall be
310 the official seal for use on a paper document, and the
311 impression-type seal may not be substituted therefor.
312 (b) Any notary public whose term of appointment extends
313 beyond January 1, 1992, is required to use a rubber stamp type
314 notary public seal on paper documents only upon reappointment on
315 or after January 1, 1992.
316 (a)(c) The notary public official seal and the certificate
317 of notary public commission are the exclusive property of the
318 notary public and must be kept under the direct and exclusive
319 control of the notary public. The seal and certificate of
320 commission may must not be surrendered to an employer upon
321 termination of employment, regardless of whether the employer
322 paid for the seal or for the commission.
323 (b)(d) A notary public whose official seal is lost, stolen,
324 or believed to be in the possession of another person shall
325 immediately notify the Department of State or the Governor in
326 writing.
327 (c)(e) Any person who unlawfully possesses a notary public
328 official seal or any papers or copies relating to notarial acts
329 commits is guilty of a misdemeanor of the second degree,
330 punishable as provided in s. 775.082 or s. 775.083.
331 (9) Any notary public who lawfully changes his or her name
332 must shall, within 60 days after such change, request an amended
333 commission from the Department Secretary of State and shall send
334 $25, his or her current commission, and a notice of change form,
335 obtained from the department Secretary of State, which shall
336 include the new name and contain a specimen of his or her
337 official signature. The department Secretary of State shall
338 issue an amended commission to the notary public in the new
339 name. A rider to the notary public’s bond must accompany the
340 notice of change form. After submitting the required notice of
341 change form and rider to the department Secretary of State, the
342 notary public may continue to perform notarial acts in his or
343 her former name for 60 days or until receipt of the amended
344 commission, whichever occurs first date is earlier.
345 Section 5. Section 117.103, Florida Statutes, is amended to
346 read:
347 117.103 Certification of notary’s authority by Secretary of
348 State.—A notary public is not required to record his or her
349 notary public commission in an office of a clerk of the circuit
350 court. If certification of the notary public’s commission is
351 required, it must be obtained from the Department Secretary of
352 State. Upon the receipt of a written request and a fee of $10
353 payable to the Department Secretary of State, the department
354 Secretary of State shall issue a certificate of notarial
355 authority, in a form prescribed by the department Secretary of
356 State, which includes shall include a statement explaining the
357 legal qualifications and authority of a notary public in this
358 state.
359 Section 6. Subsections (2) and (9) of section 117.107,
360 Florida Statutes, are amended to read:
361 117.107 Prohibited acts.—
362 (2) A notary public may not sign notarial certificates
363 using a facsimile signature stamp unless the notary public has a
364 physical disability that limits or prohibits his or her ability
365 to make a written signature and unless the notary public has
366 first submitted written notice to the Department of State with
367 an exemplar of the facsimile signature stamp.
368 (9) A notary public may not notarize a signature on a
369 document if the person whose signature is being notarized is not
370 in the presence of the notary public at the time the signature
371 is notarized. A Any notary public who violates this subsection
372 commits is guilty of a civil infraction, punishable by penalty
373 not exceeding $5,000, and such violation constitutes malfeasance
374 and misfeasance in the conduct of official duties. It is not a
375 no defense to the civil infraction specified in this subsection
376 that the notary public acted without intent to defraud. A notary
377 public who violates this subsection with the intent to defraud
378 violates is guilty of violating s. 117.105 and is subject to
379 suspension pursuant to s. 117.01(7).
380 Section 7. All powers, duties, functions, rules, records,
381 personnel, and property; unexpended balances of appropriations,
382 allocations, or other funds; administrative authority; pending
383 issues; and existing contracts of the Executive Office of the
384 Governor relating to notaries public or the administration of
385 chapter 117, Florida Statutes, except for the issuance of notary
386 commissions and the suspension of notaries public, are
387 transferred by a type two transfer, as defined in s. 20.06(2),
388 Florida Statutes, from the Executive Office of the Governor to
389 the Department of State.
390 Section 8. Subsection (11) of section 668.50, Florida
391 Statutes, is amended to read:
392 668.50 Uniform Electronic Transaction Act.—
393 (11) NOTARIZATION AND ACKNOWLEDGMENT.—
394 (a) If a law requires a signature or record to be
395 notarized, acknowledged, verified, or made under oath, the
396 requirement is satisfied if the electronic signature of the
397 person authorized by applicable law to perform those acts,
398 together with all other information required to be included by
399 other applicable law, is attached to or logically associated
400 with the signature or record. Neither a rubber stamp nor an
401 impression type seal is required for an electronic notarization.
402 (b) A first-time applicant for a notary commission must
403 submit proof that the applicant has, within 1 year prior to the
404 application, completed at least 3 hours of interactive or
405 classroom instruction, including electronic notarization, and
406 covering the duties of the notary public. Courses satisfying
407 this section may be offered by any public or private sector
408 person or entity registered with the Executive Office of the
409 Governor and must include a core curriculum approved by that
410 office.
411 Section 9. Section 257.015, Florida Statutes, is amended to
412 read:
413 257.015 Definitions.—As used in this chapter, the term:
414 (1) “Department” means the Department of State.
415 (2) “Depository library” means a library designated as a
416 depository library for state publications pursuant to s.
417 257.05(4)(c).
418 (3)(2) “Division” means the Division of Library and
419 Information Services of the department of State.
420 (4)(3) “Secretary” means the Secretary of State.
421 (5) “State agency” means any official, officer, commission,
422 board, authority, council, committee, or department of state
423 government or any state court.
424 (6)(4) “State Librarian” means the person appointed by the
425 secretary as the director of the division of Library and
426 Information Services pursuant to s. 257.031.
427 (7) “State publication” means a publication in any format
428 containing information about the state or state government,
429 which is of significant value to researchers and the public; is
430 created under the authority of, or at least partially at the
431 expense of, a state agency; or that must, by law, be distributed
432 to the public. The term does not include a publication created
433 exclusively for a state agency’s internal use.
434 Section 10. Subsections (1) and (4) of section 257.02,
435 Florida Statutes, are amended to read:
436 257.02 State Library Information Services Council.—
437 (1) There shall be A State Library Information Services
438 Council is established to advise and assist the division with
439 planning, policy, and priorities for the development of
440 statewide information services of Library and Information
441 Services on its programs and activities.
442 (1) The council shall consist of nine members who shall be
443 appointed by the Secretary of State. Of the nine members, at
444 least one member must represent the a Florida library profession
445 professional association, at least one member must represent the
446 a Florida archive profession professional association, and at
447 least one member must represent the a Florida records management
448 profession professional association, and at least one must be a
449 person who is not, and has never been, employed in a library or
450 in teaching library science courses.
451 (a) Of the nine members, the executive director of the
452 Florida Center for Library Automation or the center’s successor,
453 and the executive director of the College Center for Library
454 Automation or the center’s successor, or their designees, shall
455 serve ex officio as voting members of the council.
456 (b) Members shall be appointed for 4-year terms. A vacancy
457 on the council shall be filled for the period of the unexpired
458 term. A member whose term expires shall continue to serve as a
459 member of the council until his or her successor or designee is
460 appointed. Except for the ex officio members serving pursuant to
461 paragraph (a), a No person may not be appointed to serve more
462 than two consecutive terms as a member of the council.
463 (c) The secretary of State may remove from office any
464 council member for malfeasance, misfeasance, neglect of duty,
465 incompetence, permanent inability to perform official duties, or
466 pleading guilty or nolo contendere to, or being found guilty of,
467 a felony.
468 (2)(4) The officers of the State Library council shall be a
469 chair, elected annually from the members thereof, and the State
470 Librarian, who shall serve without voting rights as secretary of
471 the council.
472 (3) A majority of the council membership constitutes a
473 quorum. The council may not conduct a meeting unless a quorum is
474 present. An official action by the council requires the
475 affirmative vote of a majority of the members present.
476 Section 11. Section 257.031, Florida Statutes, is amended
477 to read:
478 257.031 State Librarian; appointment and duties.—
479 (1) The State Librarian shall be appointed by the secretary
480 of State, shall have completed a library school program
481 accredited by the American Library Association, and shall serve
482 as the director of the division of Library and Information
483 Services of the Department of State. The Secretary of State may,
484 In making the appointment of the State Librarian, the secretary
485 may consult the members of the State Library Information
486 Services Council.
487 (2) The State Librarian shall:
488 (a) Keep a record of the proceedings of the State Library
489 Information Services Council;
490 (b) Keep an accurate account of the financial transactions
491 of the division;
492 (c) Have charge of the work of the division in organizing
493 new libraries and improving those already established;
494 (d) In general, perform such duties as may, from time to
495 time, be assigned to him or her by the secretary of State; and
496 (e) Manage operations of the programs assigned by law to
497 the division.
498 Section 12. Section 257.05, Florida Statutes, is amended to
499 read:
500 257.05 State publications program Public documents;
501 delivery to, and distribution by, division.—
502 (1) The state publications program is established to make
503 significant information about the state and state government
504 accessible to researchers and the public through depository
505 libraries throughout the state.
506 (2) Each state agency shall:
507 (a) Upon its release of a state publication, furnish the
508 division with copies of the publication for distribution to
509 depository libraries throughout the state as provided by
510 division rules.
511 (b) Designate the agency’s communications director or
512 equivalent position as its agency publications liaison and
513 notify the division of the liaison’s identity. The publications
514 liaison shall maintain a list of the agency’s state publications
515 and periodically, but at least once each year by December 31,
516 furnish an updated list to the division.
517 (1) The term “public document” as used in this section
518 means any document, report, directory, bibliography, rule,
519 newsletter, pamphlet, brochure, periodical, or other
520 publication, whether in print or nonprint format, that is paid
521 for in whole or in part by funds appropriated by the Legislature
522 and may be subject to distribution to the public; however, the
523 term excludes publications for internal use by an executive
524 agency as defined in s. 283.30.
525 (2)(a) Each state official, state department, state board,
526 state court, or state agency issuing public documents shall
527 furnish the Division of Library and Information Services of the
528 Department of State 35 copies of each of those public documents,
529 as issued, for deposit in and distribution by the division.
530 However, if the division so requests, as many as 15 additional
531 copies of each public document shall be supplied to it.
532 (b) If any state official, state department, state board,
533 state court, or state agency has fewer than 40 copies of any
534 public document, it shall supply the division with 2 copies of
535 each such public document for deposit in the State Library.
536 (c) By December 31 of each year, any state official, state
537 department, state board, state court, or state agency issuing
538 public documents shall furnish to the division a list of all
539 public documents, including each publication that is on the
540 agency’s website, issued by the official, department, board,
541 court, or agency during that calendar year.
542 (3)(d) As issued, daily journals and bound journals of each
543 house of the Legislature; slip laws and bound session laws, both
544 general and special; and Florida Statutes and supplements
545 thereto shall be furnished to the division by the state
546 official, department, or agency having charge of their
547 distribution. The number of copies furnished shall be determined
548 by requests of the division, which number in no case may exceed
549 35 copies of the particular publication.
550 (4)(3) It is the duty of The division shall to:
551 (a) Manage the state publications program.
552 (b) Be the official repository for state publications.
553 (c)(a) Designate university, college, and public libraries
554 as depository libraries depositories for state publications
555 public documents and to designate certain of these depositories
556 as regional centers for full collections of public documents.
557 (d)(b) Establish Provide a system for the of distribution
558 of the copies of state publications furnished to depository
559 libraries it under subsection (2) to such depositories.
560 (e)(c) Establish Publish a periodic bibliography for of the
561 state publications program of the state.
562 (5) The division may exchange copies of state publications
563 public documents for copies of publications from those of other
564 states, territories, and countries. Depositories receiving
565 public documents under this section shall keep them in a
566 convenient form accessible to the public.
567 (6) A depository library shall maintain state publications
568 in a format that is convenient and accessible to researchers and
569 the public.
570 (7) The division may adopt rules to administer the state
571 publications program and this section.
572 Section 13. Section 257.105, Florida Statutes, is amended
573 to read:
574 257.105 State publications Public documents; copies to
575 Library of Congress.—Each Any state official or state agency,
576 board, commission, or institution having charge of any of the
577 following state publications shall, upon requisition from
578 hereinafter named is authorized and directed to furnish the
579 Library of Congress in Washington, D.C., furnish upon
580 requisition from the Library of Congress with, up to three
581 copies of:
582 (1) The journals of both houses of the Legislature;
583 (2) Volumes of the Supreme Court Reports;
584 (3) Volumes of periodic reports of Cabinet officers; and
585 (4) Copies of Reports, studies, maps, or other publications
586 by official boards or institutions of the state which, from time
587 to time, as such are published and are available for public
588 distribution.
589 Section 14. Paragraph (g) is added to subsection (6) of
590 section 267.0612, Florida Statutes, and subsection (9) is added
591 to that section, to read:
592 267.0612 Florida Historical Commission; creation;
593 membership; powers and duties.—In order to enhance public
594 participation and involvement in the preservation and protection
595 of the state’s historic and archaeological sites and properties,
596 there is created within the Department of State the “Florida
597 Historical Commission.” The commission shall serve in an
598 advisory capacity to the director of the Division of Historical
599 Resources to assist the director in carrying out the purposes,
600 duties, and responsibilities of the division, as specified in
601 this chapter.
602 (6) It shall be the responsibility of the commission to
603 provide assistance, advice, and recommendations to the division
604 in:
605 (g) Evaluating proposals for Official Florida Historical
606 Markers and identifying goals for the State Historical Marker
607 Program. The evaluation process must seek to establish the
608 significance of the subject proposed for a marker. However, due
609 to the complexity or burdens of the process, the proposal and
610 evaluation process may not preclude private citizens from
611 directly submitting proposals without professional assistance.
612 (9) The division shall establish and administer the Great
613 Floridians Program in order to recognize and record the
614 achievements of Floridians who have made major contributions to
615 the progress and welfare of the nation or the state and its
616 residents. Living and deceased persons are eligible for
617 recognition, although a person whose contributions are achieved
618 through elected or appointed public service is not eligible for
619 recognition while holding such office.
620 (a) The commission shall annually nominate one or more
621 persons with the recommendation that they be honored with the
622 designation “Great Floridian.” The nominations shall be
623 submitted to the secretary, who may select one or more persons
624 to be honored from among the nominations.
625 (b) To enhance public participation and involvement in the
626 identification of persons worthy of nomination as a Great
627 Floridian, the division shall seek the advice and assistance of
628 persons qualified through the demonstration of special interest,
629 experience, or education in the dissemination of knowledge about
630 the state’s history.
631 (c) Upon the secretary’s designation of a person as a Great
632 Floridian, the division shall undertake appropriate activities
633 to achieve wide public knowledge of the person designated.
634 (d) The division may seek to initiate production of a film,
635 video, or digital media production depicting the life and
636 contributions of the designee to the state and nation.
637 1. The department may be the repository of the original
638 film, video, or digital media produced under this paragraph.
639 2. The division may arrange for the distribution of all
640 film, video, or digital media productions to the general public,
641 public television stations, educational institutions, and others
642 and may establish a reasonable charge to recover the costs
643 associated with production and to provide a source of revenue to
644 assist with reproduction, marketing, and distribution of Great
645 Floridians film, video, and digital media. Proceeds from such
646 charges shall be deposited into the Historical Resources
647 Operating Trust Fund.
648 (e) Deceased persons designated as Great Floridians may be
649 recognized by markers affixed to properties significantly
650 associated with the major contributions of the designee. Such
651 markers shall be erected pursuant to s. 267.074.
652 (f) The division may exercise the right of trademark over
653 the terms “Great Floridian” and “Great Floridians” pursuant to
654 s. 286.031.
655 Section 15. Section 267.075, Florida Statutes, is amended
656 to read:
657 267.075 Management of The Grove Advisory Council; creation;
658 membership; purposes.—
659 (1) The Call/Collins House, commonly known as “The Grove,”
660 located in Tallahassee, Leon County, shall be used utilized as a
661 house museum of history for the educational benefit of the
662 citizens of this state. The use utilization of The Grove as a
663 museum of history shall emphasize the lives and accomplishments
664 of The Grove’s first owner, Richard Keith Call, Florida’s last
665 Territorial Governor, and LeRoy Collins, Florida’s 33rd
666 Governor, who, with his wife, Mary Call Darby Collins, were the
667 last owners of The Grove. The faithful restoration and
668 maintenance of The Grove undertaken by LeRoy Collins and Mary
669 Call Darby Collins during the nearly six decades of Collins
670 family ownership and stewardship, which has preserved the
671 original plan of construction and design of The Grove, shall be
672 continued as provided for in this section.
673 (2) There is created within the Department of State The
674 Grove Advisory Council for the purpose of advising the Division
675 of Historical Resources on the operation, maintenance,
676 preservation, and protection of the Call/Collins House, commonly
677 known as “The Grove,” its grounds, cemetery, and all structures
678 thereon; the furniture and furnishings located therein; any
679 changes in the architecture, structure, furnishings, or
680 landscaping deemed necessary or desirable by the council; and
681 the design and development of interpretive programs and exhibits
682 in connection therewith.
683 (3)(a) The Grove Advisory Council shall be composed of
684 eight members, as follows:
685 1. Five members shall be private citizens appointed by the
686 Secretary of State.
687 2. One member shall be the Secretary of Management Services
688 or his or her designee.
689 3. One member shall be the director of the Division of
690 Historical Resources of the Department of State.
691 4. At least one member shall be a direct descendant of Mary
692 Call Darby Collins appointed by the Secretary of State with the
693 advice of the oldest living generation of lineal descendants of
694 Mary Call Darby Collins.
695
696 Of the citizen members, at least one member shall have
697 professional curatorial and museum expertise, one member shall
698 have professional architectural expertise in the preservation of
699 historic buildings, and one member shall have professional
700 landscape expertise. The five citizen members of the council
701 appointed by the Secretary of State and the member of the
702 council who is a direct descendant of Mary Call Darby Collins
703 appointed by the Secretary of State shall be appointed for
704 staggered 4-year terms. The Secretary of State shall fill the
705 remainder of unexpired terms for the five citizen members of the
706 council and the member of the council who is a direct descendant
707 of Mary Call Darby Collins.
708 (b) The council shall annually elect a chair from among the
709 five citizen members of the council appointed by the Secretary
710 of State and the member of the council who is a direct
711 descendant of Mary Call Darby Collins appointed by the Secretary
712 of State. The chair shall serve for a term of 1 year. Meetings
713 of the council shall be held at the call of the chair, at the
714 request of a majority of its membership, at the request of the
715 Secretary of State, or at such times as may be prescribed by
716 rules of the council. The council shall meet at least twice
717 annually. A majority of the council shall constitute a quorum
718 for the transaction of business.
719 (c) The council shall obtain clerical, expert, technical,
720 or other services from the Division of Historical Resources. The
721 Department of Management Services shall provide reasonable
722 assistance to the Department of State in carrying out the
723 purposes of this section.
724 (d) Members of the council shall serve without compensation
725 or honorarium but shall be entitled to receive reimbursement for
726 per diem and travel expenses as provided in s. 112.061. All
727 expenses of the council shall be paid from appropriations to be
728 made by the Legislature to the Department of State. All vouchers
729 shall be approved by the Division of Historical Resources before
730 being submitted to the Chief Financial Officer for payment.
731 (2)(4)(a) The division: of Historical Resources, with the
732 advice and assistance of the council,
733 (a) Shall maintain the structure, style, character, and
734 landscaping of The Grove, its grounds, its private family
735 cemetery, and all structures thereon consistent with the
736 character, plan, and design of The Grove at the time the state
737 takes physical possession of The Grove and its surrounding
738 property from Mary Call Darby Collins. It
739 (b) Shall, in accordance with professionally accepted
740 standards, care for and maintain The Grove’s physical structure,
741 control the climate within the structure, and preserve and
742 protect the antique furnishings and other articles of furniture,
743 fixtures, and decorative objects and articles used or displayed
744 in the premises, whether owned by or loaned to the division.
745 (b) The division of Historical Resources Shall catalog and
746 maintain a descriptive, photographic inventory of the
747 furnishings, fixtures, and decorative objects and articles used
748 or displayed in the premises.
749 (c) The division of Historical Resources May receive, on
750 behalf of the state, contributions, bequests, and gifts of
751 money, furniture, works of art, memorabilia, or other property
752 consistent with the use of The Grove as described in this
753 section. Title to all property which is received in this manner
754 shall vest in the state and shall be held in trust by the
755 division of Historical Resources solely to further the purposes
756 of this section. No Furniture, furnishings, fixtures, or
757 decorative objects associated with The Grove and acquired for
758 use at The Grove from the Collins family or any of its members
759 may not shall be used for any purpose except as a permanent part
760 of The Grove’s furniture, furnishings, fixtures, or decorative
761 objects, and any such item not so utilized shall forthwith
762 revert to the Collins family member or members from whom it was
763 acquired. No gifts, contributions, or bequests shall be accepted
764 for The Grove without the advice and recommendation of the
765 council.
766 (d) May operate a museum store and provide other visitor
767 services and activities related to The Grove, charge fees for
768 visitation and such other services and activities, establish an
769 endowment for the benefit of The Grove, and conduct related
770 fundraising activities The Division of Historical Resources
771 shall adopt rules governing the maintenance and use of The
772 Grove; the selection, acquisition, and disposition of
773 furnishings and decorations for the premises; and the acceptance
774 of gifts, contributions, bequests, or loans of property.
775 (e) May support the establishment and operation of a
776 citizen support organization pursuant to s. 267.17 for the
777 promotion and support of The Grove. With the consent of the
778 division, such organization may operate the museum store and
779 provide the visitor services and activities authorized at The
780 Grove. The net proceeds from operation of the museum store and
781 the visitor services and activities may be used only to support
782 The Grove.
783 (f) Shall manage The Grove in accordance with rules adopted
784 by the division for that purpose.
785 Section 16. Subsection (1) of section 267.16, Florida
786 Statutes, is amended to read:
787 267.16 Florida Folklife Programs.—It is the duty and
788 responsibility of the division to:
789 (1) Identify, research, interpret, and present Florida folk
790 arts, artists, performers, folklore, traditions, customs, and
791 cultural heritage and make folk cultural resources, and folklife
792 projects, and folklife apprenticeship programs available
793 throughout the state. The division shall compile, edit, publish,
794 and print directories, books, articles, pamphlets, and other
795 folklife materials to disseminate information about folk
796 cultural resources. The division may sponsor conferences,
797 workshops, festivals, lectures, and exhibitions on Florida
798 folklife and promote the folk cultural resources of the state.
799 Section 17. Paragraph (d) is added to subsection (2) of
800 section 267.161, Florida Statutes, to read:
801 267.161 Florida Folklife Council.—
802 (2) The council shall:
803 (d) Provide assistance, advice, and recommendations to the
804 division in evaluating applications for folklife apprenticeship
805 programs pursuant to s. 267.16.
806 Section 18. Section 283.31, Florida Statutes, is amended to
807 read:
808 283.31 Records of executive agency publications.—Each
809 agency shall maintain a record of any state publication, as
810 defined in s. 257.015 257.05, the printing of which costs in
811 excess of the threshold amount provided in s. 287.017 for
812 CATEGORY THREE, at least part of which is paid for by state
813 funds appropriated by the Legislature. Such record must shall
814 also contain the following: written justification of the need
815 for such publication, purpose of such publication, legislative
816 or administrative authority, sources of funding, frequency and
817 number of issues, and reasons for deciding to have the
818 publication printed in-house, by another agency or the
819 Legislature, or purchased on bid. In addition, Such record must
820 also shall contain the comparative costs of alternative printing
821 methods if when such costs were a factor in deciding upon a
822 method. The record of the corporation operating the correctional
823 industry printing program must shall include the cost of
824 materials used, the cost of labor, the cost of overhead, the
825 amount of profit made by the corporation for such printing, and
826 whether the state agencies that contract with the corporation
827 for printing are prudently determining the price paid for such
828 printing.
829 Section 19. Paragraph (a) of subsection (2) and subsection
830 (4) of section 286.001, Florida Statutes, are amended to read:
831 286.001 Reports statutorily required; filing, maintenance,
832 retrieval, and provision of copies.—
833 (2) With respect to reports statutorily required of
834 agencies or officers within the executive, legislative, or
835 judicial branches of state government, the State Board of
836 Education, the Board of Governors of the State University
837 System, or the Public Service Commission, it is the duty of the
838 division, in addition to its duties under s. 257.05, to:
839 (a) Regularly compile and update bibliographic information
840 on such reports for distribution as provided in paragraph (b).
841 Such Bibliographic information may be included in the
842 bibliographies prepared by the division pursuant to s.
843 257.05(4)(e) 257.05(3)(c).
844 (4) Nothing in This section does not shall be construed to
845 waive or modify the requirement in s. 257.05(2)(a) pertaining to
846 the provision of copies of public documents to the division.
847 Section 20. Subsection (2) of section 872.05, Florida
848 Statutes, is amended to read:
849 872.05 Unmarked human burials.—
850 (2) DEFINITIONS.—As used in this section, the term:
851 (a) “Archaeologist” means a person who is registered by the
852 Society of Professional Archaeologists with an emphasis in field
853 research or who, in the judgment of the State Archaeologist,
854 meets the training and experience requirements necessary for
855 such registration.
856 (b) “District medical examiner” means a person appointed
857 under s. 406.06, s. 406.15, or s. 406.17.
858 (c) “Division” means the Division of Historical Resources
859 of the Department of State.
860 (d) “Human skeletal analyst” means a person who possesses a
861 postgraduate degree in human skeletal biology, human forensic
862 osteology, or other related area of physical anthropology and
863 who has a minimum of 1 year of laboratory experience in human
864 skeletal analysis and reconstruction.
865 (e) “State Archaeologist” means the person employed by the
866 division pursuant to s. 267.031(7).
867 (f) “Unmarked human burial” means any human skeletal
868 remains or associated burial artifacts, or any location,
869 including any burial mound or earthen or shell monument, where
870 human skeletal remains or associated burial artifacts are
871 discovered or believed to exist on the basis of archaeological
872 or historical evidence. The term does not include those portions
873 of human remains that are shed naturally by living persons,
874 including, but not limited to, hair and teeth. The term also
875 does not include, excluding any burial marked or previously
876 marked by a tomb, monument, gravestone, or other structure or
877 thing placed or designed as a memorial of the dead.
878 Section 21. Sections 267.0731 and 267.0743, Florida
879 Statutes, are repealed.
880 Section 22. This act shall take effect July 1, 2010.