HB 745

1	A bill to be entitled
2	An act relating to the Polk County Historical Commission,
3	Polk County; amending chapter 96-462, Laws of Florida;
4	revising the number of commission members; providing for
5	membership eligibility, terms of membership, meetings,
6	attendance at meetings, and rules of procedure; providing
7	for staff; providing powers and duties; providing for a
8	historical preservation manager; providing for funding and
9	the creation of dedicated accounts for the Polk County
10	Historical Museum and the Genealogical Library; deleting
11	provisions relating to the Polk County Historical
12	Association; requiring the board of county commissioners
13	to provide a repository for certain materials; providing
14	an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Chapter 96-462, Laws of Florida, is amended to
19	read:
20	Section 1.  There is created a commission to be known as
21	the "Polk County Historical Commission." The commission shall
22	consist of 9 13 members, appointed by the Polk County Board of
23	County Commissioners, who meet the following qualifications:
24	(1)  The Chairperson of the Polk County Board of County
25	Commissioners or his or her designated commissioner.
26	(2)  A member who is directly involved with the operation
27	of historic museums, sites, or organizations in Polk County or
28	who has shown a demonstrated interest in historic preservation
29	and who resides in Commission District 1.
30	(3)  A member who is directly involved with the operation
31	of historic museums, sites, or organizations in Polk County or
32	who has shown a demonstrated interest in historic preservation
33	and who resides in Commission District 2.
34	(4)  A member who is directly involved with the operation
35	of historic museums, sites, or organizations in Polk County or
36	who has shown a demonstrated interest in historic preservation
37	and who resides in Commission District 3.
38	(5)  A member who is directly involved with the operation
39	of historic museums, sites, or organizations in Polk County or
40	who has shown a demonstrated interest in historic preservation
41	and who resides in Commission District 4.
42	(6)  A member who is directly involved with the operation
43	of historic museums, sites, or organizations in Polk County or
44	who has shown a demonstrated interest in historic preservation
45	and who resides in Commission District 5.
46	(7)  An at-large member who has shown a demonstrated
47	interest in historic preservation.
48	(8)  An at-large member who has shown a demonstrated
49	interest in historic preservation.
50	(9)  A representative of the Polk County Library
51	Cooperative.
52
53	Members 1, 7, 8, and 9 shall be appointed by the chairperson of
54	the board. Member 2 shall be appointed by the commissioner from
55	district 1; member 3 shall be appointed by the commissioner from
56	district 2; member 4 shall be appointed by the commissioner from
57	district 3; member 5 shall be appointed by the commissioner from
58	district 4; and member 6 shall be appointed by the commissioner
59	from district 5 consisting of: Member number one, a member of
60	the Board of County Commissioners of Polk County; member number
61	two, a county judge of Polk County; member number three, the
62	Clerk of the Circuit Court of Polk County; and members numbered
63	four, five, six, seven, eight, nine, ten, eleven, twelve, and
64	thirteen, who must be registered voters of Polk County, who must
65	be appointed by the Polk County Board of County Commissioners,
66	and whose terms of office are for 4 years and until their
67	successors are appointed and qualified. In selecting registered
68	voters to serve as members of the historical commission, the
69	board of county commissioners shall consider their interest in
70	the history and cultural lore and development of the county and
71	state. A member of the commission may not receive any
72	compensation for service on the commission. Of the 10 members
73	appointed by the board of county commissioners, two must reside
74	in each of the five county commission districts.
75	Section 2.  (1)  All members of the commission shall be
76	electors of Polk County. Except for the appointed Polk County
77	Commissioner, members 2, 3, and 4 shall initially serve terms of
78	2 years each; members 5, 6, and 7 shall initially serve terms of
79	3 years each; and members 8 and 9 shall initially serve terms of
80	4 years each. Thereafter, members shall serve staggered terms of
81	3 years each. Vacancies shall be filled by the chairperson of
82	the board for the unexpired term in the same manner as the
83	original appointment. Members may be reappointed to serve one
84	additional term.
85	(2)  Commission members are expected to attend the
86	regularly scheduled meetings of the board. When a commission
87	member is unable to attend, he or she must notify the
88	chairperson in advance of the meeting. Failing to notify the
89	chairperson will result in the absence being classified as
90	unexcused. Any commission member failing to obtain an excused
91	absence for three consecutive meetings may be subject to removal
92	from the commission shall elect the chairman and other officers
93	of the commission.
94	Section 3.  A quorum shall consist of five members. The
95	commission may, when necessary, appoint a clerk to be known as
96	"County Historian."
97	Section 4.  At its first meeting, the commission shall
98	select from among its membership a chairperson and a vice
99	chairperson and shall adopt bylaws and rules of procedure.
100	Section 5.  The commission shall meet at such times and
101	locations as announced by the chairperson but not less than
102	quarterly during any calendar year. All meetings of the
103	commission are subject to the provisions and protocols of
104	section 286.011, Florida Statutes, and chapter 119, Florida
105	Statutes.
106	Section 6.  It is the duty of the commission to collect,
107	arrange, record, and preserve historical material and data,
108	including books, pamphlets, maps, charts, manuscripts, family
109	histories, census records, papers, and other objects and
110	material illustrative of and relating to the history of Polk
111	County and of Florida and otherwise; to procure and preserve
112	narratives of the early pioneers and, their exploits, perils,
113	privations, and achievements; and to collect material of every
114	description relative to the history of its Indian tribes and
115	wars and relative to its soldiers, schools, and churches. In
116	addition, the commission shall exercise the following powers and
117	duties over the Polk County Historical Museum and the Polk
118	County Genealogical Library:
119	(1)  Develop and establish reliable and sustainable sources
120	of public, private, and enterprise funding to ensure the
121	continued operation of the historical museum and the
122	genealogical library and maintenance of its collections.
123	(2)  Serve as an advisory commission to the board and the
124	staff of the historical museum and genealogical library and the
125	executive director as requested.
126	(3)  Apply for grants of money or property for the benefit
127	of the historical museum and genealogical library, subject to
128	acceptance of such grants by the board.
129
130	The commission is further authorized to promote and solicit
131	bequests, donations, contributions, and gifts of money and
132	property donated for purposes of funding the continued operation
133	of the historical museum and genealogical library and shall act
134	as trustee of such funds for the benefit of the citizens of Polk
135	County.
136	Section 7.  The board of county commissioners shall employ
137	a historical preservation manager for the purposes of
138	representing the historical museum and the genealogical library
139	and the board in the development of funding mechanisms and long-
140	range planning. The county manager's office shall be responsible
141	for establishing the job description and expectations for this
142	position, hiring the historical preservation manager, and
143	establishing the chain of command for this position. The
144	historical preservation manager shall work with the county
145	manager's staff each year during the county's annual budget
146	process, after receiving advice from the board, to establish a
147	balanced budget for the historical museum and genealogical
148	library, which budget shall include funds received from the
149	board and any other sources.
150	Section 8.  All funding, gifts, and grants that are secured
151	on behalf of the historical museum and the genealogical library,
152	from whatever source, shall be used solely in the interest of
153	historical preservation on behalf of the citizens of Polk County
154	for the purpose of collection, display, recording, and
155	preservation of historical material and data; for maintenance of
156	the collections and facilities; and for the operation of the
157	historical museum and the genealogical library.
158	Section 9.  All funds received for the historical museum
159	and the genealogical library, whether from gifts, grants,
160	bequests, donations, contributions, the board, or any other
161	source, shall be deposited in a historical museum and
162	genealogical library dedicated account (the "HMGL account"),
163	which account shall be maintained separate and apart from all
164	other accounts of the county. All funds shall be deposited into
165	the HMGL account immediately upon receipt. Moneys deposited into
166	the HMGL account shall be used solely in the interest of
167	historical preservation on behalf of the citizens of Polk County
168	for the purpose of collection, display, recording, and
169	preservation of historical material and data; for maintenance of
170	the collections and facilities; and for the operation of the
171	historical museum and genealogical library, including personnel
172	costs. No funds received for those purposes and deposited into
173	the HMGL account may be diverted or appropriated for uses
174	unrelated to the uses specified in this section.
175	Section 10. 5.  The commission may, upon its own initiative
176	or upon petition of municipalities or historical societies, mark
177	by proper monuments, tablets, or markers the locations of forts
178	or other places in Polk County where historical events have
179	transpired.
180	Section 11. 6.  The Clerk of the Circuit Court of Polk
181	County shall file and record, without charge, in a book or books
182	which shall be furnished to the clerk by the board of county
183	commissioners, all such historical material and data that the
184	commission directs to be filed and recorded.
185	Section 7.  The Polk County Historical Commission shall
186	sponsor a Polk County Historical Association, made up of
187	interested persons from all areas of the county, membership on
188	which may require a membership fee. Membership fees shall be
189	deposited into the general fund budget of the association to be
190	earmarked for the specific use of the preservation of history.
191	Section 12. 8.  The Board of County Commissioners of Polk
192	County shall pay the expenses of the historical commission out
193	of the general fund of the county. The board of county
194	commissioners shall also provide suitable and adequate space as
195	a repository for the findings, collections, and other material
196	of the historical commission, the historical museum, and the
197	genealogical library.
198	Section 13. 9.  This act shall not be construed as
199	affecting any action, right, or liability of the Polk County
200	Historical Commission taken before or existing on the effective
201	date of this act. This act does not affect the term of any
202	person serving on the Polk County Historical Commission on the
203	day before the effective date of this act.
204	Section 2.  This act shall take effect upon becoming a law.

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