| 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 |
| 8 | funding and the creation of dedicated accounts for the |
| 9 | Polk County Historical Museum and the Genealogical |
| 10 | Library; deleting provisions relating to the Polk County |
| 11 | Historical Association; requiring the board of county |
| 12 | commissioners to provide a repository for certain |
| 13 | materials; providing an effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. Chapter 96-462, Laws of Florida, is amended to |
| 18 | read: |
| 19 | Section 1. There is created a commission to be known as |
| 20 | the "Polk County Historical Commission." The commission shall |
| 21 | consist of 9 13 members who meet the following qualifications: |
| 22 | (1) The Chairperson of the Polk County Board of County |
| 23 | Commissioners or his or her designated commissioner. |
| 24 | (2) A member who is directly involved with the operation |
| 25 | of historic museums, sites, or organizations in Polk County or |
| 26 | who has shown a demonstrated interest in historic preservation |
| 27 | and who resides in Commission District 1. |
| 28 | (3) A member who is directly involved with the operation |
| 29 | of historic museums, sites, or organizations in Polk County or |
| 30 | who has shown a demonstrated interest in historic preservation |
| 31 | and who resides in Commission District 2. |
| 32 | (4) A member who is directly involved with the operation |
| 33 | of historic museums, sites, or organizations in Polk County or |
| 34 | who has shown a demonstrated interest in historic preservation |
| 35 | and who resides in Commission District 3. |
| 36 | (5) A member who is directly involved with the operation |
| 37 | of historic museums, sites, or organizations in Polk County or |
| 38 | who has shown a demonstrated interest in historic preservation |
| 39 | and who resides in Commission District 4. |
| 40 | (6) A member who is directly involved with the operation |
| 41 | of historic museums, sites, or organizations in Polk County or |
| 42 | who has shown a demonstrated interest in historic preservation |
| 43 | and who resides in Commission District 5. |
| 44 | (7) An at-large member who has shown a demonstrated |
| 45 | interest in historic preservation. |
| 46 | (8) An at-large member who has shown a demonstrated |
| 47 | interest in historic preservation. |
| 48 | (9) A representative of the Polk County Library |
| 49 | Cooperative. |
| 50 |
|
| 51 | Members 7, 8, and 9 shall be appointed by the chairperson of the |
| 52 | board. Member 2 shall be appointed by the commissioner from |
| 53 | district 1; member 3 shall be appointed by the commissioner from |
| 54 | district 2; member 4 shall be appointed by the commissioner from |
| 55 | district 3; member 5 shall be appointed by the commissioner from |
| 56 | district 4; and member 6 shall be appointed by the commissioner |
| 57 | from district 5, consisting of: Member number one, a member of |
| 58 | the Board of County Commissioners of Polk County; member number |
| 59 | two, a county judge of Polk County; member number three, the |
| 60 | Clerk of the Circuit Court of Polk County; and members numbered |
| 61 | four, five, six, seven, eight, nine, ten, eleven, twelve, and |
| 62 | thirteen, who must be registered voters of Polk County, who must |
| 63 | be appointed by the Polk County Board of County Commissioners, |
| 64 | and whose terms of office are for 4 years and until their |
| 65 | successors are appointed and qualified. In selecting registered |
| 66 | voters to serve as members of the historical commission, the |
| 67 | board of county commissioners shall consider their interest in |
| 68 | the history and cultural lore and development of the county and |
| 69 | state. A member of the commission may not receive any |
| 70 | compensation for service on the commission. Of the 10 members |
| 71 | appointed by the board of county commissioners, two must reside |
| 72 | in each of the five county commission districts. |
| 73 | Section 2. (1) All members of the commission shall be |
| 74 | electors of Polk County. Members 2, 3, and 4 shall initially |
| 75 | serve terms of 2 years each; members 5, 6, and 7 shall initially |
| 76 | serve terms of 3 years each; and members 8 and 9 shall initially |
| 77 | serve terms of 4 years each. Thereafter, members shall serve |
| 78 | staggered terms of 3 years each. Vacancies shall be filled by |
| 79 | the chairperson of the board for the unexpired term in the same |
| 80 | manner as the original appointment. Members may be reappointed |
| 81 | to serve one additional term. |
| 82 | (2) Commission members are expected to attend the |
| 83 | regularly scheduled meetings of the board. When a commission |
| 84 | member is unable to attend, he or she must notify the |
| 85 | chairperson in advance of the meeting. Failing to notify the |
| 86 | chairperson will result in the absence being classified as |
| 87 | unexcused. Any commission member failing to obtain an excused |
| 88 | absence for three consecutive meetings will be subject to |
| 89 | automatic removal from the commission shall elect the chairman |
| 90 | and other officers of the commission. |
| 91 | Section 3. A quorum shall consist of five members. The |
| 92 | commission may, when necessary, appoint a clerk to be known as |
| 93 | "County Historian." |
| 94 | Section 4. At its first meeting, and annually thereafter, |
| 95 | the commission shall select from among its membership a |
| 96 | chairperson and a vice chairperson and shall adopt bylaws and |
| 97 | rules of procedure. |
| 98 | Section 5. The commission shall meet at such times and |
| 99 | locations as announced by the chairperson but not less than |
| 100 | quarterly during any calendar year. All meetings of the |
| 101 | commission are subject to the provisions and protocols of |
| 102 | section 286.011, Florida Statutes, and chapter 119, Florida |
| 103 | Statutes. |
| 104 | Section 6. It is the duty of the commission to collect, |
| 105 | arrange, record, and preserve historical material and data, |
| 106 | including books, pamphlets, maps, charts, manuscripts, family |
| 107 | histories, census records, papers, and other objects and |
| 108 | material illustrative of and relating to the history of Polk |
| 109 | County and of Florida and otherwise; to procure and preserve |
| 110 | narratives of the early pioneers and, their exploits, perils, |
| 111 | privations, and achievements; and to collect material of every |
| 112 | description relative to the history of its Indian tribes and |
| 113 | wars and relative to its soldiers, schools, and churches. In |
| 114 | addition, the commission shall exercise the following powers and |
| 115 | duties over the Polk County Historical Museum and the Polk |
| 116 | County Genealogical Library: |
| 117 | (1) Develop and establish reliable and sustainable sources |
| 118 | of public, private, and enterprise funding to ensure the |
| 119 | continued operation of the historical museum and the |
| 120 | genealogical library and maintenance of its collections. |
| 121 | (2) Serve as an advisory commission to the board and the |
| 122 | staff of the historical museum and genealogical library and the |
| 123 | executive director as requested. |
| 124 | (3) Apply for grants of money or property for the benefit |
| 125 | of the historical museum and genealogical library, subject to |
| 126 | acceptance of such grants by the board. |
| 127 |
|
| 128 | The commission is further authorized to promote and solicit |
| 129 | bequests, donations, contributions, and gifts of money and |
| 130 | property donated for purposes of funding the continued operation |
| 131 | of the historical museum and genealogical library and shall act |
| 132 | as trustee of such funds for the benefit of the citizens of Polk |
| 133 | County. |
| 134 | Section 7. All funding, gifts, and grants that are secured |
| 135 | on behalf of the historical museum and the genealogical library, |
| 136 | from whatever source, shall be used solely in the interest of |
| 137 | historical preservation on behalf of the citizens of Polk County |
| 138 | for the purpose of collection, display, recording, and |
| 139 | preservation of historical material and data; for maintenance of |
| 140 | the collections and facilities; and for the operation of the |
| 141 | historical museum and the genealogical library. |
| 142 | Section 8. All funds received for the historical museum |
| 143 | and the genealogical library, whether from gifts, grants, |
| 144 | bequests, donations, contributions, the board, or any other |
| 145 | source, shall be deposited in a historical museum and |
| 146 | genealogical library dedicated account (the "HMGL account"), |
| 147 | which account shall be maintained separate and apart from all |
| 148 | other accounts of the county. All funds shall be deposited into |
| 149 | the HMGL account immediately upon receipt. Moneys deposited into |
| 150 | the HMGL account shall be used solely in the interest of |
| 151 | historical preservation on behalf of the citizens of Polk County |
| 152 | for the purpose of collection, display, recording, and |
| 153 | preservation of historical material and data; for maintenance of |
| 154 | the collections and facilities; and for the operation of the |
| 155 | historical museum and genealogical library, including personnel |
| 156 | costs. No funds received for those purposes and deposited into |
| 157 | the HMGL account may be diverted or appropriated for uses |
| 158 | unrelated to the uses specified in this section. |
| 159 | Section 9.5. The commission may, upon its own initiative |
| 160 | or upon petition of municipalities or historical societies, mark |
| 161 | by proper monuments, tablets, or markers the locations of forts |
| 162 | or other places in Polk County where historical events have |
| 163 | transpired. |
| 164 | Section 10.6. The Clerk of the Circuit Court of Polk |
| 165 | County shall file and record, without charge, in a book or books |
| 166 | which shall be furnished to the clerk by the board of county |
| 167 | commissioners, all such historical material and data that the |
| 168 | commission directs to be filed and recorded. |
| 169 | Section 7. The Polk County Historical Commission shall |
| 170 | sponsor a Polk County Historical Association, made up of |
| 171 | interested persons from all areas of the county, membership on |
| 172 | which may require a membership fee. Membership fees shall be |
| 173 | deposited into the general fund budget of the association to be |
| 174 | earmarked for the specific use of the preservation of history. |
| 175 | Section 11.8. The Board of County Commissioners of Polk |
| 176 | County shall pay the expenses of the historical commission out |
| 177 | of the general fund of the county. The board of county |
| 178 | commissioners shall also provide suitable and adequate space as |
| 179 | a repository for the findings, collections, and other material |
| 180 | of the historical commission, the historical museum, and the |
| 181 | genealogical library. |
| 182 | Section 12.9. This act shall not be construed as affecting |
| 183 | any action, right, or liability of the Polk County Historical |
| 184 | Commission taken before or existing on the effective date of |
| 185 | this act. This act does not affect the term of any person |
| 186 | serving on the Polk County Historical Commission on the day |
| 187 | before the effective date of this act. |
| 188 | Section 2. This act shall take effect upon becoming a law. |