September 19, 2020
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_h7185__
HB 7185

1
A bill to be entitled
2An act relating to a review of the Department of State
3under the Florida Government Accountability Act;
4reenacting s. 20.10, F.S., relating to the establishment
5of the department; amending s. 117.01, F.S.; assigning
6various duties of the Secretary of State relating to
7notaries public to the department; revising the
8application requirements for notaries public; requiring
9notary public applicants to complete certain interactive
10or classroom instruction; authorizing certain persons or
11entities to offer courses for the required instruction;
12revising provisions for the deposit and use of funds from
13the notary public surcharge; providing penalties for
14applicants who submit applications containing certain
15statements; providing for the filing and investigation of
16complaints against notaries public; requiring the
17department to submit investigative findings to the
18Executive Office of the Governor; deleting obsolete
19provisions relating to notary bonds; requiring entities
20issuing notary bonds to submit annual reports to the
21department; requiring the department to refuse bonding
22certificates from such entity that does not submit its
23annual report by a specified date; conforming provisions;
24amending ss. 117.021, 117.05, and 117.103, F.S.; deleting
25an obsolete provision relating to notary public seals;
26conforming provisions; amending s. 117.107, F.S.;
27prohibiting a notary public from using a signature stamp
28except under certain circumstances; providing penalties;
29specifying that notaries public are subject to suspension
30under certain circumstances; transferring the
31administration of certain provisions relating to notaries
32public from the Executive Office of the Governor to the
33department; amending s. 257.015, F.S.; providing
34definitions; amending s. 257.02, F.S.; renaming the State
35Library Council; revising the council's membership and
36duties; providing for a quorum of council members;
37specifying the vote required for official action by the
38council; amending s. 257.031, F.S.; conforming provisions;
39amending s. 257.05, F.S.; establishing the state
40publications program; requiring state agencies to furnish
41the department's Division of Library and Information
42Services with copies of state publications and designate
43agency publications liaisons; deleting provisions
44requiring certain officials and agencies to provide the
45division with specified numbers of public documents;
46revising the division's duties with respect to the
47management, distribution, and exchange of state
48publications and the establishment of a periodic
49bibliography for such publications; requiring depository
50libraries to maintain state publications in a specified
51manner; authorizing the division to adopt rules; amending
52s. 257.105, F.S.; requiring state agencies to furnish
53copies of state publications to the Library of Congress;
54conforming provisions; amending s. 267.0612, F.S.;
55revising the duties of the Florida Historical Commission;
56transferring to the commission and revising provisions for
57the Official Florida Historical Markers, the State
58Historical Marker Program, and the Great Floridians
59Program to conform to the repeal by the act of provisions
60establishing the State Historical Marker Council and the
61Great Floridians Program; amending s. 267.075, F.S.;
62defining the term "division"; revising the duties of the
63department's Division of Historical Resources for
64management of The Grove historic property; deleting
65provisions establishing The Grove Advisory Council;
66authorizing the division to charge visitor fees, establish
67an endowment, and conduct fundraising activities;
68authorizing the division, or under certain circumstances a
69citizen support organization, to operate a museum store
70and provide visitor services and activities at The Grove;
71providing for use of the net proceeds from the museum
72store and the visitor services and activities; amending s.
73267.16, F.S.; requiring the division to make folklife
74apprenticeship programs available throughout the state;
75amending s. 267.161, F.S.; assigning certain duties to the
76Florida Folklife Council with respect to folklife
77apprenticeship programs; amending ss. 283.31 and 286.001,
78F.S.; conforming provisions to changes made by the act;
79conforming cross-references; amending s. 668.50, F.S.;
80deleting requirements for certain interactive or classroom
81instruction for notaries public, to conform; amending s.
82872.05, F.S.; excluding certain portions of human remains
83from the definition of the term "unmarked human burial"
84for purposes of the duties of the State Archaeologist and
85district medical examiners; repealing ss. 267.0731 and
86267.0743, F.S., relating to the Great Floridians Program
87and the State Historical Marker Council, respectively;
88providing effective dates.
89
90Be It Enacted by the Legislature of the State of Florida:
91
92     Section 1.  Section 20.10, Florida Statutes, is reenacted
93to read:
94     20.10  Department of State.-There is created a Department
95of State.
96     (1)  The head of the Department of State is the Secretary
97of State. The Secretary of State shall be appointed by the
98Governor, subject to confirmation by the Senate, and shall serve
99at the pleasure of the Governor. The Secretary of State shall
100perform the functions conferred by the State Constitution upon
101the custodian of state records.
102     (2)  The following divisions of the Department of State are
103established:
104     (a)  Division of Elections.
105     (b)  Division of Historical Resources.
106     (c)  Division of Corporations.
107     (d)  Division of Library and Information Services.
108     (e)  Division of Cultural Affairs.
109     (f)  Division of Administration.
110     (3)  The Department of State may adopt rules pursuant to
111ss. 120.536(1) and 120.54 to administer the provisions of law
112conferring duties upon the department.
113     Section 2.  Effective January 1, 2011, section 117.01,
114Florida Statutes, is amended to read:
115     117.01  Appointment, application, suspension, revocation,
116application fee, bond, and oath.-
117     (1)  The Governor may appoint as many notaries public as he
118or she deems necessary, each of whom shall be at least 18 years
119of age and a legal resident of the state. A permanent resident
120alien may apply and be appointed and shall file with his or her
121application a recorded declaration of domicile. The residence
122required for appointment must be maintained throughout the term
123of appointment.
124     (2)  An applicant for initial appointment as a notary
125public must submit proof that he or she has, within 1 year
126before application for such appointment, completed at least 3
127hours of interactive or classroom instruction, including
128electronic notarization, covering the duties of the notary
129public. Courses satisfying this subsection may be offered by any
130public or private sector person or entity registered with the
131Department of State and must include a core curriculum approved
132by the department.
133     (3)  A notary Notaries public shall be appointed for a term
134of 4 years and shall use and exercise the office of notary
135public within the boundaries of this state. An applicant must be
136able to read, write, and understand the English language.
137     (4)(a)(2)  The application for appointment must shall be
138signed and sworn to or affirmed by the applicant, submitted to
139the Department of State, and shall be accompanied by a fee of
140$25, together with the $10 commission fee required by s. 113.01,
141and a surcharge of $4. Of the surcharge, $2.80 shall be
142deposited in the Grants and Donations Trust Fund of which $4 is
143appropriated to the Executive Office of the Governor to be used
144to fund the issuance of notary commissions and the processing of
145suspensions, and the remaining $1.20 shall be deposited in the
146Operating Trust Fund of the Department of State to be used to
147fund the processing of notary applications, education educate
148and assistance for assist notaries public, and the investigation
149of complaints against notaries public. The Department of State
150Executive Office of the Governor may contract with private
151vendors to provide the services set forth in this section.
152However, a no commission fee is not shall be required for the
153issuance of a commission as a notary public to a veteran who
154served during a period of wartime service, as defined in s.
1551.01(14), and who has been rated by the United States Government
156or the United States Department of Veterans Affairs or its
157predecessor to have a disability rating of 50 percent or more;
158such a disability is subject to verification by the Department
159Secretary of State, which who has authority to adopt reasonable
160procedures to implement this chapter act.
161     (b)  An application must be accompanied by the oath of
162office and the notary bond required by this section. An shall
163also accompany the application must and shall be submitted in
164the format a form prescribed by the Department of State and must
165include, at a minimum which shall require, but not be limited
166to, the following information:
167     1.  The applicant's legal full name.,
168     2.  The applicant's residence address and telephone
169number.,
170     3.  The applicant's business address and telephone number.,
171     4.  The applicant's date of birth, ethnicity, race, gender,
172and citizenship status. sex,
173     5.  The applicant's social security number., citizenship
174status,
175     6.  The applicant's driver driver's license number or the
176number of another other official state-issued identification.,
177affidavit of good character from someone unrelated to the
178applicant who has known the applicant for 1 year or more,
179     7.  A list of all professional licenses and commissions
180issued by the state to the applicant during the previous 10
181years and a statement as to whether or not the applicant has had
182such license or commission revoked or suspended., and
183     8.  A statement as to whether the applicant has previously
184been commissioned as a notary public in this state.
185     9.  A statement as to whether or not the applicant has been
186convicted or found guilty of a felony, and, if convicted or
187found guilty there has been a conviction, a statement of the
188nature of the felony and restoration of civil rights. The
189applicant may not use a fictitious or assumed name other than a
190nickname on an application for commission.
191     (c)  The application shall be maintained by the Department
192of State for the full term of a notary commission. A notary
193public shall notify, in writing, the Department of State of any
194change in his or her business address or, home telephone number,
195residence address or business telephone number, home address, or
196criminal history record within 60 days after such change.
197     (d)  The Department of State Governor may require any other
198information he or she deems necessary for determining whether an
199applicant is eligible for a notary public commission. Each
200applicant must swear or affirm on the application that the
201information on the application is true and correct.
202     (e)  An applicant who submits an application that he or she
203knows to contain any false, fictitious, or fraudulent statement
204violates s. 817.155.
205     (5)(3)  As part of the oath, the applicant must swear or
206affirm that he or she has read this chapter and knows the
207duties, responsibilities, limitations, and powers of a notary
208public.
209     (6)  Any person may file a complaint with the Department of
210State alleging a violation of this chapter by a notary public.
211Upon receipt of a complaint, the department shall investigate
212the complaint and submit a summary of its investigative findings
213to the Executive Office of the Governor.
214     (7)(4)  The Governor may suspend a notary public for any of
215the grounds provided in s. 7, Art. IV of the State Constitution.
216Grounds constituting malfeasance, misfeasance, or neglect of
217duty include, but are not limited to, the following:
218     (a)  A material false statement on the application.
219     (b)  A complaint found to have merit by the Governor.
220     (c)  Failure to cooperate with or respond to an
221investigation by the Executive Office of the Governor Governor's
222office or the Department of State regarding a
223     (d)  Official misconduct as defined in s. 838.022.
224     (e)  False or misleading advertising relating to notary
225public services.
226     (f)  Unauthorized practice of law.
227     (g)  Failure to report a change in business or residence
228home address or telephone number, or failure to submit
229documentation to request an amended commission after a lawful
230name change, within the specified period of time.
231     (h)  Commission of fraud, misrepresentation, or any
232intentional violation of this chapter.
233     (i)  Charging fees in excess of fees authorized by this
234chapter.
235     (j)  Failure to maintain the bond required by this section.
236     (8)(5)(a)  If a notary public receives notice from the
237Department of State that he or she his or her office has been
238suspended from office declared vacant, the notary public shall
239forthwith mail or deliver to the Secretary of State his or her
240notary commission to the Department of State.
241     (b)  A notary public who wishes to resign his or her
242commission, or a notary public who does not maintain legal
243residence in this state during the entire term of appointment,
244or a notary public whose resignation is required by the
245Governor, shall send a signed letter of resignation to the
246Governor and shall return his or her certificate of notary
247public commission. The resigning notary public shall destroy his
248or her official notary public seal of office, unless the
249Governor requests its return.
250     (9)(6)  A No person may not be automatically be reappointed
251as a notary public. The application process must be completed
252regardless of whether an applicant is requesting his or her
253initial first notary commission, a renewal of a commission, or
254any subsequent commission.
255     (10)(7)(a)  A notary public shall, before prior to
256executing the duties of the office and throughout the term of
257office, give bond, payable to any individual harmed as a result
258of a breach of duty by the notary public acting in his or her
259official capacity, in the amount of $7,500, conditioned on for
260the due discharge of the office and shall take an oath that he
261or she will honestly, diligently, and faithfully discharge the
262duties of the notary public. The bond shall be approved and
263filed with the Department of State and executed by a surety
264company for hire duly authorized to transact business in this
265state.
266     (b)  Any notary public whose term of appointment extends
267beyond January 1, 1999, is required to increase the amount of
268his or her bond to $7,500 only upon reappointment on or after
269January 1, 1999.
270     (b)(c)  Beginning July 1, 1996, Surety companies for hire
271which process notary public applications, oaths, affidavits of
272character, or and bonds for submission to the Department of
273State must properly submit these documents in a software and
274hard copy format approved by the department of State.
275     (11)(8)  Upon payment to Any individual harmed as a result
276of a breach of duty by the notary public, the entity issuing
277bonds for one or more notaries public must submit to the
278Department of State an annual report that includes a statement
279of whether any bonds were paid and, if the bonds were paid, a
280summary of who has issued the bond for the notary public shall
281notify the Governor of the payment and the circumstances that
282which led to the claim. If an entity issuing such bonds does not
283submit its annual report to the department by January 1, the
284department shall refuse to accept bonding certificates from the
285entity until the entity submits its annual report.
286     Section 3.  Effective January 1, 2011, subsection (4) of
287section 117.021, Florida Statutes, is amended to read:
288     117.021  Electronic notarization.-
289     (4)  Failure of a notary public to comply with any of the
290requirements of this section may constitute grounds for
291suspension of the notary public's commission by the Executive
292Office of the Governor.
293     Section 4.  Effective January 1, 2011, subsections (1),
294(3), and (9) of section 117.05, Florida Statutes, are amended to
295read:
296     117.05  Use of notary commission; unlawful use; notary fee;
297seal; duties; employer liability; name change; advertising;
298photocopies; penalties.-
299     (1)  A No person may not shall obtain or use a notary
300public commission in other than his or her legal name or, and it
301is unlawful for a notary public to notarize his or her own
302signature. Any person applying for a notary public commission
303must submit proof of identity to the Department of State if so
304requested. Any person who violates the provisions of this
305subsection commits is guilty of a felony of the third degree,
306punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
307     (3)(a)  A notary public seal shall be affixed to all
308notarized paper documents and shall be of the rubber stamp type
309and shall include the words "Notary Public-State of Florida."
310The seal shall also include the name of the notary public, the
311date of expiration of the commission of the notary public, and
312the commission number. The rubber stamp seal must be affixed to
313the notarized paper document in photographically reproducible
314black ink. Every notary public shall print, type, or stamp below
315his or her signature on a paper document his or her name exactly
316as commissioned. An impression-type seal may be used in addition
317to the rubber stamp seal, but the rubber stamp seal shall be the
318official seal for use on a paper document, and the impression-
319type seal may not be substituted therefor.
320     (b)  Any notary public whose term of appointment extends
321beyond January 1, 1992, is required to use a rubber stamp type
322notary public seal on paper documents only upon reappointment on
323or after January 1, 1992.
324     (b)(c)  The notary public official seal and the certificate
325of notary public commission are the exclusive property of the
326notary public and must be kept under the direct and exclusive
327control of the notary public. The seal and certificate of
328commission must not be surrendered to an employer upon
329termination of employment, regardless of whether the employer
330paid for the seal or for the commission.
331     (c)(d)  A notary public whose official seal is lost,
332stolen, or believed to be in the possession of another person
333shall immediately notify the Department of State or the Governor
334in writing.
335     (d)(e)  Any person who unlawfully possesses a notary public
336official seal or any papers or copies relating to notarial acts
337is guilty of a misdemeanor of the second degree, punishable as
338provided in s. 775.082 or s. 775.083.
339     (9)  Any notary public who lawfully changes his or her name
340shall, within 60 days after such change, request an amended
341commission from the Department Secretary of State and shall send
342$25, his or her current commission, and a notice of change form,
343obtained from the department Secretary of State, which shall
344include the new name and contain a specimen of his or her
345official signature. The Department Secretary of State shall
346issue an amended commission to the notary public in the new
347name. A rider to the notary public's bond must accompany the
348notice of change form. After submitting the required notice of
349change form and rider to the Department Secretary of State, the
350notary public may continue to perform notarial acts in his or
351her former name for 60 days or until receipt of the amended
352commission, whichever date is earlier.
353     Section 5.  Effective January 1, 2011, section 117.103,
354Florida Statutes, is amended to read:
355     117.103  Certification of notary's authority by Department
356Secretary of State.-A notary public is not required to record
357his or her notary public commission in an office of a clerk of
358the circuit court. If certification of the notary public's
359commission is required, it must be obtained from the Department
360Secretary of State. Upon the receipt of a written request and a
361fee of $10 payable to the Department Secretary of State, the
362department Secretary of State shall issue a certificate of
363notarial authority, in a form prescribed by the department
364Secretary of State, which shall include a statement explaining
365the legal qualifications and authority of a notary public in
366this state.
367     Section 6.  Effective January 1, 2011, subsections (2) and
368(9) of section 117.107, Florida Statutes, are amended to read:
369     117.107  Prohibited acts.-
370     (2)  A notary public may not sign notarial certificates
371using a facsimile signature stamp unless the notary public has a
372physical disability that limits or prohibits his or her ability
373to make a written signature and unless the notary public has
374first submitted written notice to the Department of State with
375an exemplar of the facsimile signature stamp.
376     (9)  A notary public may not notarize a signature on a
377document if the person whose signature is being notarized is not
378in the presence of the notary public at the time the signature
379is notarized. Any notary public who violates this subsection is
380guilty of a civil infraction, punishable by penalty not
381exceeding $5,000, and such violation constitutes malfeasance and
382misfeasance in the conduct of official duties. It is not a no
383defense to the civil infraction specified in this subsection
384that the notary public acted without intent to defraud. A notary
385public who violates this subsection with the intent to defraud
386violates is guilty of violating s. 117.105 and is subject to
387suspension pursuant to s. 117.01(7).
388     Section 7.  All powers, duties, functions, rules, records,
389personnel, and property; unexpended balances of appropriations,
390allocations, or other funds; administrative authority; pending
391issues; and existing contracts of the Executive Office of the
392Governor relating to notaries public or the administration of
393chapter 117, Florida Statutes, except for the issuance of notary
394commissions and the suspension of notaries public, are
395transferred by a type two transfer, as defined in s. 20.06(2),
396Florida Statutes, from the Executive Office of the Governor to
397the Department of State.
398     Section 8.  Section 257.015, Florida Statutes, is amended
399to read:
400     257.015  Definitions.-As used in this chapter, the term:
401     (1)  "Department" means the Department of State.
402     (2)  "Depository library" means a library designated as a
403depository library for state publications pursuant to s.
404257.05(3)(c).
405     (3)(2)  "Division" means the Division of Library and
406Information Services of the Department of State.
407     (4)(3)  "Secretary" means the Secretary of State.
408     (5)  "State agency" means any official, officer,
409commission, board, authority, council, committee, or department
410of state government or any state court.
411     (6)(4)  "State Librarian" means the person appointed by the
412secretary as the director of the Division of Library and
413Information Services pursuant to s. 257.031.
414     (7)  "State publication" means a publication in any format
415containing information about the state or state government,
416which information is of significant value to researchers and the
417public, that is created under the authority of, or at least
418partially at the expense of, a state agency or that must by law
419be distributed to the public. The term does not include a
420publication created exclusively for a state agency's internal
421use.
422     Section 9.  Subsections (1) and (4) of section 257.02,
423Florida Statutes, are amended to read:
424     257.02  State Library Information Services Council.-
425     (1)(a)  There shall be a State Library Information Services
426Council to advise and assist the Division of Library and
427Information Services with planning, policy, and priorities for
428the development of statewide information services on its
429programs and activities.
430     (b)  The council shall consist of nine members who shall be
431appointed by the Secretary of State. Of the nine members, at
432least one member must represent the a Florida library profession
433professional association, at least one member must represent the
434a Florida archive profession professional association, and at
435least one member must represent the a Florida records management
436profession professional association, and at least one must be a
437person who is not, and has never been, employed in a library or
438in teaching library science courses.
439     (c)  Of the nine members, the executive director of the
440Florida Center for Library Automation or the center's successor,
441and the executive director of the College Center for Library
442Automation or the center's successor, or their designees, shall
443serve ex officio as voting members of the council.
444     (d)  Members shall be appointed for 4-year terms. A vacancy
445on the council shall be filled for the period of the unexpired
446term. A member whose term expires shall continue to serve as a
447member of the council until his or her successor or designee is
448appointed. Except for the ex officio members serving on the
449council pursuant to paragraph (c), a No person may not be
450appointed to serve more than two consecutive terms as a member
451of the council.
452     (e)  The Secretary of State may remove from office any
453council member for malfeasance, misfeasance, neglect of duty,
454incompetence, permanent inability to perform official duties, or
455pleading guilty or nolo contendere to, or being found guilty of,
456a felony.
457     (4)(a)  The officers of the State Library Information
458Services Council shall be a chair, elected annually from the
459members thereof, and the State Librarian, who shall serve
460without voting rights as secretary of the council.
461     (b)  A majority of the council membership constitutes a
462quorum. The council may not conduct a meeting unless a quorum is
463present. An official action by the council shall require the
464affirmative vote of a majority of the members present.
465     Section 10.  Section 257.031, Florida Statutes, is amended
466to read:
467     257.031  State Librarian; appointment and duties.-
468     (1)  The State Librarian shall be appointed by the
469Secretary of State, shall have completed a library school
470program accredited by the American Library Association, and
471shall serve as the director of the Division of Library and
472Information Services of the Department of State. The Secretary
473of State may, in making the appointment of State Librarian,
474consult the members of the State Library Information Services
475Council.
476     (2)  The State Librarian shall:
477     (a)  Keep a record of the proceedings of the State Library
478Information Services Council;
479     (b)  Keep an accurate account of the financial transactions
480of the division;
481     (c)  Have charge of the work of the division in organizing
482new libraries and improving those already established;
483     (d)  In general, perform such duties as may, from time to
484time, be assigned to him or her by the Secretary of State; and
485     (e)  Manage operations of the programs assigned by law to
486the division.
487     Section 11.  Section 257.05, Florida Statutes, is amended
488to read:
489     257.05  State publications program Public documents;
490delivery to, and distribution by, division.-
491     (1)  There is established the state publications program.
492The purpose of the program is to make significant information
493about the state and state government accessible to researchers
494and the public through depository libraries throughout the
495state.
496     (2)(a)  Each state agency, upon its release of a state
497publication, shall furnish the division with copies of the
498publication for distribution to depository libraries throughout
499the state as provided by rules adopted by the division.
500     (b)  Each state agency shall designate the agency's
501communications director or equivalent position as its agency
502publications liaison and shall notify the division of such
503liaison's identity. The publications liaison shall maintain a
504list of his or her agency's state publications and shall
505periodically, but at least once each year by December 31,
506furnish an updated list to the division.
507     (1)  The term "public document" as used in this section
508means any document, report, directory, bibliography, rule,
509newsletter, pamphlet, brochure, periodical, or other
510publication, whether in print or nonprint format, that is paid
511for in whole or in part by funds appropriated by the Legislature
512and may be subject to distribution to the public; however, the
513term excludes publications for internal use by an executive
514agency as defined in s. 283.30.
515     (2)(a)  Each state official, state department, state board,
516state court, or state agency issuing public documents shall
517furnish the Division of Library and Information Services of the
518Department of State 35 copies of each of those public documents,
519as issued, for deposit in and distribution by the division.
520However, if the division so requests, as many as 15 additional
521copies of each public document shall be supplied to it.
522     (b)  If any state official, state department, state board,
523state court, or state agency has fewer than 40 copies of any
524public document, it shall supply the division with 2 copies of
525each such public document for deposit in the State Library.
526     (c)  By December 31 of each year, any state official, state
527department, state board, state court, or state agency issuing
528public documents shall furnish to the division a list of all
529public documents, including each publication that is on the
530agency's website, issued by the official, department, board,
531court, or agency during that calendar year.
532     (c)(d)  As issued, daily journals and bound journals of
533each house of the Legislature; slip laws and bound session laws,
534both general and special; and Florida Statutes and supplements
535thereto shall be furnished to the division by the state
536official, department, or agency having charge of their
537distribution. The number of copies furnished shall be determined
538by requests of the division, which number in no case may exceed
53935 copies of the particular publication.
540     (3)  It is the duty of the division to:
541     (a)  Manage the state publications program.
542     (b)  Be the official repository for state publications.
543     (c)(a)  Designate university, college, and public libraries
544as depository libraries depositories for state publications
545public documents and to designate certain of these depositories
546as regional centers for full collections of public documents.
547     (d)(b)  Establish Provide a system for the of distribution
548of the copies of state publications furnished to depository
549libraries it under subsection (2) to such depositories.
550     (e)(c)  Establish Publish a periodic bibliography for of
551the state publications program of the state.
552     (4)  The division may exchange copies of state publications
553public documents for copies of publications from those of other
554states, territories, and countries. Depositories receiving
555public documents under this section shall keep them in a
556convenient form accessible to the public.
557     (5)  A depository library shall maintain state publications
558in a format that is convenient and accessible to researchers and
559the public.
560     (6)  The division may adopt rules to administer the state
561publications program and this section.
562     Section 12.  Section 257.105, Florida Statutes, is amended
563to read:
564     257.105  State publications Public documents; copies to
565Library of Congress.-Each Any state official or state agency,
566board, commission, or institution having charge of any of the
567following state publications, upon requisition from hereinafter
568named is authorized and directed to furnish the Library of
569Congress in Washington, D.C., shall furnish upon requisition
570from the Library of Congress with, up to three copies of:
571     (1)  The journals of both houses of the Legislature;
572     (2)  Volumes of the Supreme Court Reports;
573     (3)  Volumes of periodic reports of Cabinet officers; and
574     (4)  Copies of Reports, studies, maps, or other
575publications by official boards or institutions of the state
576that, from time to time, as such are published and are available
577for public distribution.
578     Section 13.  Paragraph (g) is added to subsection (6) of
579section 267.0612, Florida Statutes, and subsection (9) is added
580to that section, to read:
581     267.0612  Florida Historical Commission; creation;
582membership; powers and duties; State Historical Marker Program;
583Great Floridians Program.-In order to enhance public
584participation and involvement in the preservation and protection
585of the state's historic and archaeological sites and properties,
586there is created within the Department of State the "Florida
587Historical Commission." The commission shall serve in an
588advisory capacity to the director of the Division of Historical
589Resources to assist the director in carrying out the purposes,
590duties, and responsibilities of the division, as specified in
591this chapter.
592     (6)  It shall be the responsibility of the commission to
593provide assistance, advice, and recommendations to the division
594in:
595     (g)  Evaluating proposals for Official Florida Historical
596Markers and identifying goals for the State Historical Marker
597Program. The evaluation process must seek to establish the
598significance of the subject proposed for a marker. However, the
599proposal and evaluation process must not, due to the complexity
600or burdens of the process, preclude private citizens from
601directly submitting proposals without professional assistance.
602     (9)(a)  The division shall establish and administer the
603Great Floridians Program to recognize and record the
604achievements of Floridians who have made major contributions to
605the progress and welfare of the nation or the state and its
606citizens. Living and deceased persons are eligible for
607recognition, although a person whose contributions are achieved
608through elected or appointed public service is not eligible for
609recognition while holding such office.
610     (b)  The commission shall annually nominate one or more
611persons with the recommendation that they be honored with the
612designation "Great Floridian." The nominations shall be
613submitted to the Secretary of State, who may select one or more
614persons to be honored from among the nominations.
615     (c)  To enhance public participation and involvement in the
616identification of any person worthy of nomination as a Great
617Floridian, the division shall seek advice and assistance from
618persons qualified through the demonstration of special interest,
619experience, or education in the dissemination of knowledge about
620the state's history.
621     (d)  Upon the designation of a person as a Great Floridian
622by the Secretary of State, the division shall undertake
623appropriate activities intended to achieve wide public knowledge
624of the person designated.
625     (e)1.  The division may seek to initiate production of a
626film, video, or digital media production depicting the life and
627contributions of the designee to the state and nation. The
628Department of State may be the repository of the original film,
629video, or digital media produced under this paragraph. The
630division may exercise the right of trademark over the terms
631"Great Floridian" and "Great Floridians" pursuant to s. 286.031.
632     2.  The division may arrange for the distribution of all
633film, video, or digital media productions to the general public,
634public television stations, educational institutions, and others
635and may establish a reasonable charge to recover the costs
636associated with production and to provide a source of revenue to
637assist with reproduction, marketing, and distribution of Great
638Floridians film, video, and digital media. Proceeds from such
639charges shall be deposited into the Historical Resources
640Operating Trust Fund.
641     (f)  Deceased persons designated as Great Floridians may be
642recognized by markers affixed to properties significantly
643associated with the major contributions of the designee. Such
644markers shall be erected pursuant to s. 267.074.
645     Section 14.  Section 267.075, Florida Statutes, is amended
646to read:
647     267.075  Management of The Grove Advisory Council;
648creation; membership; purposes.-
649     (1)  As used in this section, the term "division" means the
650Division of Historical Resources of the Department of State.
651     (2)(1)  The Call/Collins House, commonly known as "The
652Grove," located in Tallahassee, Leon County, shall be utilized
653as a house museum of history for the educational benefit of the
654citizens of this state. The utilization of The Grove as a museum
655of history shall emphasize the lives and accomplishments of The
656Grove's first owner, Richard Keith Call, Florida's last
657Territorial Governor, and LeRoy Collins, Florida's 33rd
658Governor, who, with his wife, Mary Call Darby Collins, were the
659last owners of The Grove. The faithful restoration and
660maintenance of The Grove undertaken by LeRoy Collins and Mary
661Call Darby Collins during the nearly six decades of Collins
662family ownership and stewardship which has preserved the
663original plan of construction and design of The Grove shall be
664continued as provided for in this section.
665     (2)  There is created within the Department of State The
666Grove Advisory Council for the purpose of advising the Division
667of Historical Resources on the operation, maintenance,
668preservation, and protection of the Call/Collins House, commonly
669known as "The Grove," its grounds, cemetery, and all structures
670thereon; the furniture and furnishings located therein; any
671changes in the architecture, structure, furnishings, or
672landscaping deemed necessary or desirable by the council; and
673the design and development of interpretive programs and exhibits
674in connection therewith.
675     (3)(a)  The Grove Advisory Council shall be composed of
676eight members, as follows:
677     1.  Five members shall be private citizens appointed by the
678Secretary of State.
679     2.  One member shall be the Secretary of Management
680Services or his or her designee.
681     3.  One member shall be the director of the Division of
682Historical Resources of the Department of State.
683     4.  At least one member shall be a direct descendant of
684Mary Call Darby Collins appointed by the Secretary of State with
685the advice of the oldest living generation of lineal descendants
686of Mary Call Darby Collins.
687
688Of the citizen members, at least one member shall have
689professional curatorial and museum expertise, one member shall
690have professional architectural expertise in the preservation of
691historic buildings, and one member shall have professional
692landscape expertise. The five citizen members of the council
693appointed by the Secretary of State and the member of the
694council who is a direct descendant of Mary Call Darby Collins
695appointed by the Secretary of State shall be appointed for
696staggered 4-year terms. The Secretary of State shall fill the
697remainder of unexpired terms for the five citizen members of the
698council and the member of the council who is a direct descendant
699of Mary Call Darby Collins.
700     (b)  The council shall annually elect a chair from among
701the five citizen members of the council appointed by the
702Secretary of State and the member of the council who is a direct
703descendant of Mary Call Darby Collins appointed by the Secretary
704of State. The chair shall serve for a term of 1 year. Meetings
705of the council shall be held at the call of the chair, at the
706request of a majority of its membership, at the request of the
707Secretary of State, or at such times as may be prescribed by
708rules of the council. The council shall meet at least twice
709annually. A majority of the council shall constitute a quorum
710for the transaction of business.
711     (c)  The council shall obtain clerical, expert, technical,
712or other services from the Division of Historical Resources. The
713Department of Management Services shall provide reasonable
714assistance to the Department of State in carrying out the
715purposes of this section.
716     (d)  Members of the council shall serve without
717compensation or honorarium but shall be entitled to receive
718reimbursement for per diem and travel expenses as provided in s.
719112.061. All expenses of the council shall be paid from
720appropriations to be made by the Legislature to the Department
721of State. All vouchers shall be approved by the Division of
722Historical Resources before being submitted to the Chief
723Financial Officer for payment.
724     (3)(4)(a)  The division of Historical Resources, with the
725advice and assistance of the council, shall maintain the
726structure, style, character, and landscaping of The Grove, its
727grounds, its private family cemetery, and all structures thereon
728consistent with the character, plan, and design of The Grove at
729the time the state takes physical possession of The Grove and
730its surrounding property from Mary Call Darby Collins. The
731division It shall, according to professionally accepted
732standards, care for and maintain The Grove's physical structure;
733control the climate within the structure; and preserve and
734protect the antique furnishings and other articles of furniture,
735fixtures, and decorative objects and articles used or displayed
736in the premises, whether owned by or loaned to the division.
737     (b)  The division of Historical Resources shall catalog and
738maintain a descriptive, photographic inventory of the
739furnishings, fixtures, and decorative objects and articles used
740or displayed in the premises.
741     (c)  The division of Historical Resources may receive, on
742behalf of the state, contributions, bequests, and gifts of
743money, furniture, works of art, memorabilia, or other property
744consistent with the use of The Grove as described in this
745section. Title to all property which is received in this manner
746shall vest in the state and shall be held in trust by the
747division of Historical Resources solely to further the purposes
748of this section. Any No furniture, furnishings, fixtures, or
749decorative objects associated with The Grove and acquired for
750use at The Grove from the Collins family or any of its members
751may not shall be used for any purpose except as a permanent part
752of The Grove's furniture, furnishings, fixtures, or decorative
753objects, and any such item not so utilized shall forthwith
754revert to the Collins family member or members from whom it was
755acquired. No gifts, contributions, or bequests shall be accepted
756for The Grove without the advice and recommendation of the
757council. The division shall manage The Grove in accordance with
758rules adopted by the division for that purpose.
759     (d)  The division may operate a museum store and provide
760other visitor services and activities related to The Grove,
761charge fees for visitation and such other services and
762activities, establish an endowment for the benefit of The Grove,
763and conduct related fundraising activities of Historical
764Resources shall adopt rules governing the maintenance and use of
765The Grove; the selection, acquisition, and disposition of
766furnishings and decorations for the premises; and the acceptance
767of gifts, contributions, bequests, or loans of property.
768     (e)  The division may support the establishment and
769operation of a citizen support organization pursuant to s.
770267.17 for the promotion and support of The Grove. Such citizen
771support organization, with the division's consent, may operate
772the museum store and provide the visitor services and activities
773authorized at The Grove. The net proceeds from operation of the
774museum store and the visitor services and activities may only be
775used to support The Grove.
776     Section 15.  Subsection (1) of section 267.16, Florida
777Statutes, is amended to read:
778     267.16  Florida Folklife Programs.-It is the duty and
779responsibility of the division to:
780     (1)  Identify, research, interpret, and present Florida
781folk arts, artists, performers, folklore, traditions, customs,
782and cultural heritage and make folk cultural resources, and
783folklife projects, and folklife apprenticeship programs
784available throughout the state. The division shall compile,
785edit, publish, and print directories, books, articles,
786pamphlets, and other folklife materials to disseminate
787information about folk cultural resources. The division may
788sponsor conferences, workshops, festivals, lectures, and
789exhibitions on Florida folklife and promote the folk cultural
790resources of the state.
791     Section 16.  Paragraph (d) is added to subsection (2) of
792section 267.161, Florida Statutes, to read:
793     267.161  Florida Folklife Council.-
794     (2)  The council shall:
795     (d)  Provide assistance, advice, and recommendations to the
796division in evaluating applications for folklife apprenticeship
797programs pursuant to s. 267.16.
798     Section 17.  Section 283.31, Florida Statutes, is amended
799to read:
800     283.31  Records of executive agency publications.-Each
801agency shall maintain a record of any state publication, as
802defined in s. 257.015 257.05, the printing of which costs in
803excess of the threshold amount provided in s. 287.017 for
804CATEGORY THREE, at least part of which is paid for by state
805funds appropriated by the Legislature. Such record shall also
806contain the following: written justification of the need for
807such publication, purpose of such publication, legislative or
808administrative authority, sources of funding, frequency and
809number of issues, and reasons for deciding to have the
810publication printed in-house, by another agency or the
811Legislature, or purchased on bid. In addition, such record shall
812contain the comparative costs of alternative printing methods
813when such costs were a factor in deciding upon a method. The
814record of the corporation operating the correctional industry
815printing program shall include the cost of materials used, the
816cost of labor, the cost of overhead, the amount of profit made
817by the corporation for such printing, and whether the state
818agencies that contract with the corporation for printing are
819prudently determining the price paid for such printing.
820     Section 18.  Paragraph (a) of subsection (2) and subsection
821(4) of section 286.001, Florida Statutes, are amended to read:
822     286.001  Reports statutorily required; filing, maintenance,
823retrieval, and provision of copies.-
824     (2)  With respect to reports statutorily required of
825agencies or officers within the executive, legislative, or
826judicial branches of state government, the State Board of
827Education, the Board of Governors of the State University
828System, or the Public Service Commission, it is the duty of the
829division, in addition to its duties under s. 257.05, to:
830     (a)  Regularly compile and update bibliographic information
831on such reports for distribution as provided in paragraph (b).
832Such bibliographic information may be included in the
833bibliographies prepared by the division pursuant to s.
834257.05(3)(e)(c).
835     (4)  Nothing in this section shall be construed to waive or
836modify the requirement in s. 257.05(2)(a) pertaining to the
837provision of copies of public documents to the division.
838     Section 19.  Subsection (11) of section 668.50, Florida
839Statutes, is amended to read:
840     668.50  Uniform Electronic Transaction Act.-
841     (11)  NOTARIZATION AND ACKNOWLEDGMENT.-
842     (a)  If a law requires a signature or record to be
843notarized, acknowledged, verified, or made under oath, the
844requirement is satisfied if the electronic signature of the
845person authorized by applicable law to perform those acts,
846together with all other information required to be included by
847other applicable law, is attached to or logically associated
848with the signature or record. Neither a rubber stamp nor an
849impression type seal is required for an electronic notarization.
850     (b)  A first-time applicant for a notary commission must
851submit proof that the applicant has, within 1 year prior to the
852application, completed at least 3 hours of interactive or
853classroom instruction, including electronic notarization, and
854covering the duties of the notary public. Courses satisfying
855this section may be offered by any public or private sector
856person or entity registered with the Executive Office of the
857Governor and must include a core curriculum approved by that
858office.
859     Section 20.  Subsection (2) of section 872.05, Florida
860Statutes, is amended to read:
861     872.05  Unmarked human burials.-
862     (2)  DEFINITIONS.-As used in this section, the term:
863     (a)  "Archaeologist" means a person who is registered by
864the Society of Professional Archaeologists with an emphasis in
865field research or who, in the judgment of the State
866Archaeologist, meets the training and experience requirements
867necessary for such registration.
868     (b)  "District medical examiner" means a person appointed
869under s. 406.06, s. 406.15, or s. 406.17.
870     (c)  "Division" means the Division of Historical Resources
871of the Department of State.
872     (d)  "Human skeletal analyst" means a person who possesses
873a postgraduate degree in human skeletal biology, human forensic
874osteology, or other related area of physical anthropology and
875who has a minimum of 1 year of laboratory experience in human
876skeletal analysis and reconstruction.
877     (e)  "State Archaeologist" means the person employed by the
878division pursuant to s. 267.031(7).
879     (f)  "Unmarked human burial" means any human skeletal
880remains or associated burial artifacts or any location,
881including any burial mound or earthen or shell monument, where
882human skeletal remains or associated burial artifacts are
883discovered or believed to exist on the basis of archaeological
884or historical evidence. The term does not include those portions
885of human remains that are shed naturally by living persons,
886including, but not limited to, hair and teeth. The term also
887does not include, excluding any burial marked or previously
888marked by a tomb, monument, gravestone, or other structure or
889thing placed or designed as a memorial of the dead.
890     Section 21.  Sections 267.0731 and 267.0743, Florida
891Statutes, are repealed.
892     Section 22.  Except as otherwise expressly provided in this
893act, this act shall take effect July 1, 2010.


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