Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 396
Ì905914.Î905914
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 272.129, Florida Statutes, is amended to
6 read:
7 272.129 Florida Historic Capitol; space allocation;
8 maintenance, repair, and security.—
9 (1) The Legislature shall ensure that all space in the
10 Florida Historic Capitol is restored in a manner consistent with
11 the 1902 form and made available for allocation. Notwithstanding
12 the provisions of ss. 255.249 and 272.04 that relate to space
13 allocation in state-owned buildings, the President of the Senate
14 and the Speaker of the House of Representatives shall have
15 responsibility and authority for the allocation of all space in
16 the restored Florida Historic Capitol, provided:
17 (a) The rotunda, corridors, Senate chamber, House of
18 Representatives chamber, and Supreme Court chamber may shall not
19 be used as office space.
20 (b) The Legislature shall be allocated sufficient space for
21 program and administrative functions relating to the
22 preservation, museum, and cultural programs of the Legislature.
23 (2) The Florida Historic Capitol shall be maintained in
24 accordance with good historic preservation practices as
25 specified in the National Park Service Preservation Briefs and
26 the Secretary of the Interior’s Standards for Rehabilitation and
27 Guidelines for Rehabilitating Historic Buildings.
28 (3) Custodial and preventive maintenance and repair of the
29 entire Florida Historic Capitol and the grounds located adjacent
30 thereto shall be the responsibility of the Department of
31 Management Services, subject to the special requirements of the
32 building as determined by the director of the Florida Historic
33 Capitol Museum Curator.
34 (4)(a) The Legislative Research Center and Museum at the
35 Historic Capitol, hereinafter referred to as “center,” may
36 support the establishment of a citizen support organization to
37 provide assistance, funding, and promotional support for the
38 center. For the purposes of this subsection, “citizen support
39 organization” means an organization that is:
40 1. A Florida corporation not for profit incorporated under
41 the provisions of chapter 617 and approved by the Department of
42 State.
43 2. Organized and operated to conduct programs and
44 activities; raise funds; request and receive grants, gifts, and
45 bequests of money; acquire, receive, hold, invest, and
46 administer in its own name securities, funds, objects of value,
47 or other real and personal property; and make expenditures to or
48 for the direct or indirect benefit of the center.
49 3. Determined by the center to be consistent with the goals
50 of the center and in the best interests of the state.
51 4. Annually approved in writing by the center to operate
52 for the direct or indirect benefit of the center. Such approval
53 shall be given in a letter of agreement from the center.
54 (b)1. The Legislative Research Center and Museum at the
55 Historic Capitol may permit, without charge, appropriate use of
56 fixed property and facilities of the center by the citizen
57 support organization, subject to the provisions of this
58 subsection. Such use must be directly in keeping with the
59 approved purposes of the citizen support organization and may
60 not be made at times or places that would unreasonably interfere
61 with normal operations of the center.
62 2. The center may prescribe by rule any condition with
63 which the citizen support organization must comply in order to
64 use fixed property or facilities of the center.
65 3. The center may not permit the use of any fixed property
66 or facilities by any citizen support organization if such
67 organization does not provide equal membership and employment
68 opportunities to all persons regardless of race, color,
69 religion, gender, age, or national origin.
70 (c) A citizen support organization shall provide for an
71 annual financial audit in accordance with s. 215.981.
72 (d) All records of a citizen support organization
73 constitute public records for the purposes of chapter 119.
74 (e) The citizen support organization for the Legislative
75 Research Center and Museum at the Historic Capitol is authorized
76 to collect rental fees, apply for and receive grants, and
77 receive gifts and donations for the direct or indirect benefit
78 of the center.
79 (f) All funds obtained through rental fees, grants, gifts,
80 and donations to the citizen support organization shall be
81 deposited into the account of the citizen support organization
82 and used for the direct or indirect benefit of the Legislative
83 Research Center and Museum at the Historic Capitol unless the
84 citizen support organization is no longer authorized as required
85 by this subsection, fails to comply with the requirements of
86 this subsection, fails to maintain its tax-exempt status
87 pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases
88 to exist. If the citizen support organization is no longer
89 authorized as required by this subsection, fails to comply with
90 the requirements of this subsection, fails to maintain its tax
91 exempt status pursuant to s. 501(c)(3) of the Internal Revenue
92 Code, or ceases to exist, all funds obtained through rental
93 fees, grants, gifts, and donations in the citizen support
94 organization account shall revert to the state and be deposited
95 into an account designated by the Legislature.
96 Section 2. Section 272.131, Florida Statutes, is created to
97 read:
98 272.131 Florida Historic Capitol Museum Council.—The
99 Florida Historic Capitol Museum Council is created within the
100 legislative branch of state government.
101 (1) The council is composed of 13 members. Council members
102 shall be selected based on their dedication to preserving the
103 Florida Historic Capitol and advancing the mission of the
104 Florida Historic Capitol Museum. Council members must
105 demonstrate an interest in documenting the institutional
106 knowledge and historic traditions of state governance with an
107 emphasis on legislative history, the advancement of civics
108 education, and the encouragement of residents of this state to
109 engage with state government. To be fully qualified to serve on
110 the council, appointed prospective members should be experts in,
111 or hold credentials in, the fields most directly related to the
112 mission of the Florida Historic Capitol Museum, including, but
113 not limited to, history, education, historic preservation, legal
114 history, or political science, or be leaders in their respective
115 communities or statewide, with demonstrated success in building
116 community support for cultural institutions. The council
117 consists of the following members:
118 (a) The Secretary of the Senate.
119 (b) The Clerk of the House of Representatives.
120 (c) The Sergeants at Arms of both houses of the
121 Legislature.
122 (d) The President of the Senate and the Speaker of the
123 House of Representatives each shall appoint three members, two
124 of whom must be former legislators or officers of the
125 Legislature and one who is a representative of the general
126 public.
127 (e) The board of directors of the Florida Historic Capitol
128 Museum’s direct-support organization shall appoint three members
129 from its membership.
130 (2) A council member shall:
131 (a) Serve without compensation, except that he or she is
132 entitled to receive reimbursement for per diem and travel
133 expenses in accordance with s. 112.061. Such expenses must be
134 paid out of funds of the Florida Historic Capitol Museum’s
135 direct-support organization.
136 (b) Attend a majority of council meetings each calendar
137 quarter.
138 (c) Serve as an advocate and ambassador for the museum.
139 (d) Lend expertise and use his or her personal and
140 professional contacts for the advancement of the museum.
141 (e) Participate in key museum events.
142 (f) Become a member of the museum.
143 (3) The council shall:
144 (a) Designate a chair.
145 (b) Provide guidance and support to assist the Museum
146 Director and staff in developing a strategic plan to guide the
147 activities of the museum. The Museum Director shall propose a
148 strategic plan to the President of the Senate and the Speaker of
149 the House of Representatives by May 1 of each year in which a
150 general election is held and shall propose an annual operating
151 plan.
152 (c) Periodically review the museum’s strategic plan.
153 (d) Ensure that the museum retains an emphasis on
154 preserving legislative history and traditions by cultivating
155 relationships with current and former legislators, collecting
156 historic materials, and encouraging public participation in the
157 museum’s programs.
158 (e) Ensure that the museum operates as a public trust in
159 accordance with the Ethics, Standards, and Best Practices and
160 the Code of Ethics for Museums adopted by the American Alliance
161 of Museums.
162 (f) Meet annually with the board of directors of the
163 Florida Historic Capitol Museum’s direct-support organization to
164 jointly review the museum’s strategic plan before its
165 presentation to the President of the Senate and the Speaker of
166 the House of Representatives and evaluate the direct-support
167 organization’s long-term development goals and near-term
168 strategies.
169 (g) Assist museum staff in planning the Biennial Joint
170 Legislative Reunion.
171 Section 3. Section 272.135, Florida Statutes, is amended to
172 read:
173 272.135 Florida Historic Capitol Museum Director Curator.—
174 (1) The position of the Florida Historic Capitol Museum
175 Director Capitol Curator is created within the Legislature,
176 which shall establish the qualifications for the position. The
177 director curator shall be appointed by and serve at the pleasure
178 of the President of the Senate and the Speaker of the House of
179 Representatives.
180 (2) The director Capitol Curator shall:
181 (a) Promote and encourage throughout the state knowledge
182 and appreciation of the Florida Historic Capitol.
183 (b) Collect, research, exhibit, interpret, preserve, and
184 protect the history, artifacts, objects, furnishings, and other
185 materials related to the Florida Historic Capitol, except for
186 archaeological research and resources.
187 (c) Develop, direct, supervise, and maintain the interior
188 design and furnishings of all space within the Florida Historic
189 Capitol in a manner consistent with the restoration of the
190 Florida Historic Capitol in its 1902 form.
191 (3) In conjunction with the Legislative Research Center and
192 Museum at the Florida Historic Capitol Museum Council, the
193 director Capitol Curator may assist the Florida Historic Capitol
194 Museum in the performance of its mission by:
195 (a) Raising money.;
196 (b) Submitting requests for and receiving grants.;
197 (c) Receiving, holding, investing, and administering in the
198 name of the Florida Historic Capitol Museum and the Legislative
199 Research Center and Museum securities, funds, objects of value,
200 or other real and personal property.;
201 (d) Receiving gifts and donations for the direct or
202 indirect benefit of the Florida Historic Capitol.; and
203 (e) Making expenditures to or for the direct or indirect
204 benefit of the Florida Historic Capitol.
205 Section 4. Section 272.136, Florida Statutes, is amended to
206 read:
207 272.136 Direct-support organization.—The Legislative
208 Research Center and Museum at the Florida Historic Capitol
209 Museum Council and the Florida Historic Capitol Museum Director
210 Capitol Curator may establish a direct-support organization to
211 provide assistance and promotional support through fundraising
212 for the Florida Historic Capitol Museum and the Legislative
213 Research Center and Museum, including, but not limited to, its
214 their educational programs and initiatives.
215 (1) The direct-support organization shall be governed by a
216 board of directors. Board members must demonstrate who have
217 demonstrated a capacity for supporting the mission of the
218 Florida Historic Capitol.
219 (a) Initial appointments to the board shall be made by the
220 President of the Senate and the Speaker of the House of
221 Representatives at the recommendation of the council center and
222 the director curator. Appointments to the board shall thereafter
223 be made by the board.
224 (b) The initial board shall consist of nine members who
225 shall be appointed to 3-year terms, except that the terms of
226 such the initial appointees shall be designated accomplished so
227 that three members are appointed for 1 year, three members are
228 appointed for 2 years, and three members are appointed for 3
229 years, in order to achieve staggered terms, as determined by the
230 presiding officers.
231 (c) Effective July 1, 2015, the board may add up to 12 two
232 additional members to be appointed for 3-year terms.
233 (d) The Board members shall serve without compensation, but
234 except that they are entitled to receive reimbursement for per
235 diem and travel expenses in accordance with s. 112.061. Such
236 expenses must be paid out of funds of the direct-support
237 organization.
238 (e) The board may use the fixed property and facilities of
239 the Florida Historic Capitol, subject to the provisions of this
240 subsection. Such use must be directly in keeping with the
241 approved purposes of the direct-support organization and may not
242 be made at times or places that would unreasonably interfere
243 with the normal operations of the Florida Historic Capitol.
244 (2) The direct-support organization must be a Florida
245 corporation, not for profit, incorporated under chapter 617, and
246 approved by the Department of State.
247 (3) The director curator and center may prescribe any
248 condition with which the direct-support organization must
249 comply.
250 (4) The director curator and the center may not authorize
251 permit the use of any fixed property or facilities by the
252 direct-support organization if the organization does not provide
253 equal membership and employment opportunities to all persons
254 regardless of race, color, religion, gender, age, or national
255 origin.
256 (5) The direct-support organization shall provide for an
257 annual financial audit in accordance with s. 215.981.
258 (6) If the direct-support organization is no longer
259 authorized by this section, fails to comply with the
260 requirements of this section, fails to maintain its tax-exempt
261 status pursuant to s. 501(c)(3) of the Internal Revenue Code, or
262 ceases to exist, all funds obtained through grants, gifts, and
263 donations in the direct-support organization account shall
264 revert to the state and be deposited into an account designated
265 by the Legislature for the support of the Florida Historic
266 Capitol, provided that donations made for specific purposes in
267 an original donor agreement shall be applied only to those
268 purposes.
269 (7)(a) The identity of a donor or prospective donor to the
270 direct-support organization who desires to remain anonymous, and
271 all information identifying such donor or prospective donor, is
272 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
273 of the State Constitution. Such anonymity shall be maintained in
274 any auditor’s report created pursuant to the annual financial
275 audit required under subsection (5).
276 (b) This subsection is subject to the Open Government
277 Sunset Review Act in accordance with s. 119.15 and shall stand
278 repealed on October 2, 2017, unless reviewed and saved from
279 repeal through reenactment by the Legislature.
280 Section 5. Paragraph (c) of subsection (6) of section
281 320.0807, Florida Statutes, is amended to read:
282 320.0807 Special license plates for Governor and federal
283 and state legislators.—
284 (6)
285 (c) Four hundred fifty dollars of the one-time fee
286 collected under paragraph (a) shall be distributed to the
287 account of the direct-support organization established pursuant
288 to s. 272.136 citizen support organization established pursuant
289 to s. 272.129 and used for the benefit of the Florida Historic
290 Capitol Museum Legislative Research Center and Museum at the
291 Historic Capitol, and the remaining $50 shall be deposited into
292 the Highway Safety Operating Trust Fund.
293 Section 6. This act shall take effect July 1, 2015.
294
295 ================= T I T L E A M E N D M E N T ================
296 And the title is amended as follows:
297 Delete everything before the enacting clause
298 and insert:
299 A bill to be entitled
300 An act relating to the Florida Historic Capitol;
301 amending s. 272.129, F.S.; removing references to the
302 Legislative Research Center and Museum at the Historic
303 Capitol; removing provisions authorizing establishment
304 of a citizen support organization to support the
305 Legislative Research Center and Museum; creating s.
306 272.131, F.S.; creating the Florida Historic Capitol
307 Museum Council; providing for the appointment and
308 qualifications of council members; prescribing duties
309 and responsibilities for the council and individual
310 council members; amending s. 272.135, F.S.; renaming
311 the position of Capitol Curator as the Florida
312 Historic Capitol Museum Director; conforming
313 provisions; amending s. 272.136, F.S.; revising the
314 composition of the board of directors governing the
315 Florida Historic Capitol Museum’s direct-support
316 organization; providing that per diem and travel
317 expenses must be paid from direct-support organization
318 funds; conforming provisions; amending s. 320.0807,
319 F.S.; redirecting a portion of the proceeds from the
320 fee for special license plates for former federal or
321 state legislators to the Florida Historic Capitol
322 Museum’s direct-support organization; providing an
323 effective date.