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Senate Bill 1652

Senate Bill sb1652

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    Florida Senate - 2004                                  SB 1652

    By Senator Wise





    5-867-04

  1                      A bill to be entitled

  2         An act relating to the Department of State;

  3         amending s. 20.04, F.S.; authorizing

  4         nonstandard internal structuring of the

  5         department; amending s. 20.10, F.S.;

  6         reorganizing the department; providing for an

  7         assistant Secretary of State and deputy

  8         secretaries of state; deleting existing

  9         divisions of the department and creating

10         offices as internal subdivisions and providing

11         their responsibilities; amending ss. 15.09,

12         15.16, 15.18, 15.21, 17.27, 20.121, 23.22,

13         28.30, 97.021, 97.026, 97.053, 98.081, 98.0979,

14         98.101, 98.461, 99.097, 100.371, 101.015,

15         101.017, 101.293, 101.294, 101.545, 101.5608,

16         101.5614, 101.694, 101.732, 101.733, 102.111,

17         102.141, 105.031, 105.035, 105.036, 105.041,

18         106.011, 106.021, 106.03, 106.04, 106.06,

19         106.07, 106.11, 106.141, 106.1475, 106.22,

20         106.23, 106.24, 106.25, 106.26, 106.29, 106.33,

21         106.35, 119.01, 119.041, 119.05, 119.09,

22         120.55, 193.505, 196.1997, 196.1998, 215.20,

23         253.025, 253.027, 257.01, 257.02, 257.031,

24         257.04, 257.05, 257.12, 257.14, 257.15, 257.16,

25         257.171, 257.172, 257.18, 257.191, 257.192,

26         257.193, 257.195, 257.22, 257.23, 257.24,

27         257.30, 257.34, 257.35, 257.36, 257.37,

28         257.375, 257.41, 257.42, 258.007, 258.501,

29         259.035, 259.037, 260.0142, 265.283, 265.284,

30         265.286, 265.2861, 265.2862, 265.2865, 265.603,

31         265.606, 265.608, 265.609, 265.701, 265.702,

                                  1

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    Florida Senate - 2004                                  SB 1652
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 1         267.021, 267.031,267.061, 267.0612, 267.0617,

 2         267.0619, 267.062, 267.071, 267.072, 267.0731,

 3         267.074, 267.0743, 267.075, 267.081, 267.11,

 4         267.115, 267.12, 267.13, 267.135, 267.14,

 5         267.16, 267.161, 267.17, 267.173, 286.001,

 6         380.06, 380.061, 380.285, 403.941, 403.9411,

 7         413.011, 445.004, 468.401, 561.01, 872.02,

 8         872.05, 943.1728, 1004.51, 1004.52, 1004.94,

 9         1013.64, F.S., to conform; creating s. 257.015,

10         F.S.; providing definitions applicable to

11         public libraries and state archives; repealing

12         ss. 265.51, 265.52, 265.53, 265.54, 265.55,

13         265.56, F.S., relating to authority of the

14         department to enter indemnity agreements;

15         providing an effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Section 20.04, Florida Statutes, is amended

20  to read:

21         20.04  Structure of executive branch.--The executive

22  branch of state government is structured as follows:

23         (1)  The department is the principal administrative

24  unit of the executive branch. Each department must bear a

25  title beginning with the words "State of Florida" and

26  continuing with "Department of ....."

27         (2)  For field operations, departments may establish

28  district or area offices that combine division, bureau,

29  section, and subsection functions.

30         (3)  For their internal structure, all departments,

31  except for the Department of Financial Services, the

                                  2

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    Florida Senate - 2004                                  SB 1652
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 1  Department of Children and Family Services, the Department of

 2  Corrections, the Department of Management Services, the

 3  Department of Revenue, the Department of State, and the

 4  Department of Transportation, must adhere to the following

 5  standard terms:

 6         (a)  The principal unit of the department is the

 7  "division." Each division is headed by a "director."

 8         (b)  The principal unit of the division is the

 9  "bureau." Each bureau is headed by a "chief."

10         (c)  The principal unit of the bureau is the "section."

11  Each section is headed by an "administrator."

12         (d)  If further subdivision is necessary, sections may

13  be divided into "subsections," which are headed by

14  "supervisors."

15         (4)  Within the Department of Children and Family

16  Services there are organizational units called "program

17  offices," headed by program directors.

18         (5)  Within the Department of Corrections the principal

19  policy and program development unit of the department is the

20  "office." Each "office" is headed by a director.

21         (6)  Within the Department of State the principal

22  policy and program development unit of the department is the

23  "office." A director or other senior management position as

24  determined by the secretary shall head each "office."

25         (7)(6)  Within the Department of Transportation the

26  principal policy and program development unit of the

27  department is the "office." Each "office" is headed by a

28  director.

29         (8)(7)(a)  Unless specifically authorized by law, the

30  head of a department may not reallocate duties and functions

31  specifically assigned by law to a specific unit of the

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 1  department. Those functions or agencies assigned generally to

 2  the department without specific designation to a unit of the

 3  department may be allocated and reallocated to a unit of the

 4  department at the discretion of the head of the department.

 5         (b)  Within the limitations of this subsection, the

 6  head of the department may recommend the establishment of

 7  additional divisions, bureaus, sections, and subsections of

 8  the department to promote efficient and effective operation of

 9  the department. However, additional divisions, or offices in

10  the Department of Children and Family Services, the Department

11  of Corrections, and the Department of Transportation, may be

12  established only by specific statutory enactment. New bureaus,

13  sections, and subsections of departments may be initiated by a

14  department and established as recommended by the Department of

15  Management Services and approved by the Executive Office of

16  the Governor, or may be established by specific statutory

17  enactment.

18         (c)  For the purposes of such recommendations and

19  approvals, the Department of Management Services and the

20  Executive Office of the Governor, respectively, must adopt and

21  apply specific criteria for assessing the appropriateness of

22  all reorganization requests from agencies. The criteria must

23  be applied to future agency requests for reorganization and

24  must be used to review the appropriateness of bureaus

25  currently in existence. Any current bureau that does not meet

26  the criteria for a bureau must be reorganized into a section

27  or other appropriate unit.

28         (9)(8)  The Executive Office of the Governor must

29  maintain a current organizational chart of each agency of the

30  executive branch, which must identify all divisions, bureaus,

31  units, and subunits of the agency. Agencies must submit such

                                  4

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 1  organizational charts in accordance with guidelines

 2  established by the Executive Office of the Governor.

 3         Section 2.  Section 20.10, Florida Statutes, is amended

 4  to read:

 5         20.10  Department of State.--There is created a

 6  Department of State.

 7         (1)  The head of the Department of State is the

 8  Secretary of State. The Secretary of State shall be appointed

 9  by the Governor, subject to confirmation by the Senate, and

10  shall serve at the pleasure of the Governor. The Secretary of

11  State shall perform the functions conferred by the State

12  Constitution upon the custodian of state records.

13         (2)  The Secretary of State shall appoint an assistant

14  secretary and deputy secretaries, who shall serve at the

15  pleasure of the secretary:

16         (a)  The Assistant Secretary of State shall act in the

17  absence of the secretary, is directly responsible to the

18  secretary, and shall perform such duties as are assigned by

19  the secretary.

20         (b)  The Deputy Secretary for Cultural and Historical

21  Programs is responsible for those programs assigned to the

22  Cultural, Historical, and Grants Services entity which meet

23  the secretary's responsibilities as chief cultural officer.

24         (c)  The Deputy Secretary for State Records is

25  responsible for those programs assigned to the State Library,

26  Elections, and Records Custodian Services entity which meet

27  the secretary's responsibilities as state records custodian.

28         (3)  The secretary may appoint deputies and directors

29  who serve at his or her pleasure. The secretary may delegate

30  to those deputies or directors responsibilities, as

31  

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    Florida Senate - 2004                                  SB 1652
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 1  appropriate, for the management, policy formulation, and

 2  functioning of department programs.

 3         (4)(a)  The secretary may establish programs and

 4  offices, each of which shall be headed by a director or other

 5  management position, who shall be appointed by and serve at

 6  the pleasure of the secretary.

 7         (b)  The following programs and offices are

 8  established:

 9         1.  Art and History Programs Office.

10         2.  Historic Preservation Programs Office.

11         3.  Community Grants Services Office.

12         4.  Corporations and Business Filings Office.

13         5.  Elections Office.

14         6.  State Library, Archives, and Records Services

15  Office.

16         7.  Administrative Support Services Office.

17         8.  Central Computing Support Services Office.

18         (2)  The following divisions of the Department of State

19  are established:

20         (a)  Division of Elections.

21         (b)  Division of Historical Resources.

22         (c)  Division of Corporations.

23         (d)  Division of Library and Information Services.

24         (e)  Division of Cultural Affairs.

25         (f)  Division of Administration.

26         (5)(3)  The Department of State may adopt rules

27  pursuant to ss. 120.536(1) and 120.54 to administer the

28  provisions of law conferring duties upon the department.

29         Section 3.  Subsection (4) of section 15.09, Florida

30  Statutes, is amended to read:

31         15.09  Fees.--

                                  6

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 1         (4)  All funds collected by the Division of

 2  Corporations and Business Filings Office of the department

 3  shall be deposited in the General Revenue Fund.

 4         Section 4.  Subsection (3) of section 15.16, Florida

 5  Statutes, is amended to read:

 6         15.16  Reproduction of records; admissibility in

 7  evidence; electronic receipt and transmission of records;

 8  certification; acknowledgment.--

 9         (3)  The Department of State may cause to be received

10  electronically any records that are required to be filed with

11  it pursuant to chapter 55, chapter 606, chapter 607, chapter

12  608, chapter 617, chapter 620, chapter 621, chapter 679,

13  chapter 713, or chapter 865, through facsimile or other

14  electronic transfers, for the purpose of filing such records.

15  The originals of all such electronically transmitted records

16  must be executed in the manner provided in paragraph (5)(b).

17  The receipt of such electronic transfer constitutes delivery

18  to the department as required by law.

19         Section 5.  Section 15.18, Florida Statutes, is amended

20  to read:

21         15.18  International and cultural relations.--The

22  various offices Divisions of Cultural Affairs, Historical

23  Resources, and Library and Information Services of the

24  Department of State promote programs having substantial

25  cultural, artistic, and indirect economic significance that

26  emphasize American creativity. The Secretary of State, as the

27  head administrator of these offices divisions, shall hereafter

28  be known as "Florida's Chief Cultural Officer." As this

29  officer, the Secretary of State is encouraged to initiate and

30  develop relationships between the state and foreign cultural

31  officers, their representatives, and other foreign

                                  7

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    Florida Senate - 2004                                  SB 1652
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 1  governmental officials in order to promote Florida as the

 2  center of American creativity.  The Secretary of State shall

 3  coordinate international activities pursuant to this section

 4  with Enterprise Florida, Inc., and any other organization the

 5  secretary deems appropriate. For the accomplishment of this

 6  purpose, the Secretary of State shall have the power and

 7  authority to:

 8         (1)  Disseminate any information pertaining to the

 9  State of Florida which promotes the state's cultural assets.

10         (2)  Plan and carry out activities designed to cause

11  improved cultural and governmental programs and exchanges with

12  foreign countries.

13         (3)  Plan and implement cultural and social activities

14  for visiting foreign heads of state, diplomats, dignitaries,

15  and exchange groups.

16         (4)  Encourage and cooperate with other public and

17  private organizations or groups in their efforts to promote

18  the cultural advantages of Florida.

19         (5)  Serve as the liaison with all foreign consular and

20  ambassadorial corps, as well as international organizations,

21  that are consistent with the purposes of this section.

22         (6)  Provide, arrange, and make expenditures for the

23  achievement of any or all of the purposes specified in this

24  section.

25         (7)  Notwithstanding the provisions of part I of

26  chapter 287, promulgate rules for entering into contracts

27  which are primarily for promotional services and events, which

28  may include commodities involving a service.  Such rules shall

29  include the authority to negotiate costs with the offerors of

30  such services and commodities who have been determined to be

31  qualified on the basis of technical merit, creative ability,

                                  8

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    Florida Senate - 2004                                  SB 1652
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 1  and professional competency. The rules shall only apply to the

 2  expenditure of funds donated for promotional services and

 3  events. Expenditures of appropriated funds shall be made only

 4  in accordance with part I of chapter 287.

 5         Section 6.  Section 15.21, Florida Statutes, is amended

 6  to read:

 7         15.21  Initiative petitions; s. 3, Art. XI, State

 8  Constitution.--The Secretary of State shall immediately submit

 9  an initiative petition to the Attorney General and to the

10  Revenue Estimating Conference if the sponsor has:

11         (1)  Registered as a political committee pursuant to s.

12  106.03;

13         (2)  Submitted the ballot title, substance, and text of

14  the proposed revision or amendment to the Secretary of State

15  pursuant to ss. 100.371 and 101.161; and

16         (3)  Obtained a letter from the Department of State

17  Division of Elections confirming that the sponsor has

18  submitted to the appropriate supervisors for verification, and

19  the supervisors have verified, forms signed and dated equal to

20  10 percent of the number of electors statewide and in at least

21  one-fourth of the congressional districts required by s. 3,

22  Art. XI of the State Constitution.

23         Section 7.  Subsection (1) of section 17.27, Florida

24  Statutes, is amended to read:

25         17.27  Microfilming and destroying records and

26  correspondence.--

27         (1)  The Department of Financial Services may destroy

28  general correspondence files and also any other records which

29  the department may deem no longer necessary to preserve in

30  accordance with retention schedules and destruction notices

31  established under rules of the Office of State Library,

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 1  Archives, and Records Division of Library and Information

 2  Services, records and information management program, of the

 3  Department of State. Such schedules and notices relating to

 4  financial records of the department shall be subject to the

 5  approval of the Auditor General.

 6         Section 8.  Paragraph (f) of subsection (3) of section

 7  20.121, Florida Statutes, is amended to read:

 8         20.121  Department of Financial Services.--There is

 9  created a Department of Financial Services.

10         (3)  FINANCIAL SERVICES COMMISSION.--Effective January

11  7, 2003, there is created within the Department of Financial

12  Services the Financial Services Commission, composed of the

13  Governor, the Attorney General, the Chief Financial Officer,

14  and the Commissioner of Agriculture, which shall for purposes

15  of this section be referred to as the commission.  Commission

16  members shall serve as agency head of the Financial Services

17  Commission.  The commission shall be a separate budget entity

18  and shall be exempt from the provisions of s. 20.052.

19  Commission action shall be by majority vote consisting of at

20  least three affirmative votes.  The commission shall not be

21  subject to control, supervision, or direction by the

22  Department of Financial Services in any manner, including

23  purchasing, transactions involving real or personal property,

24  personnel, or budgetary matters.

25         (f)  Records retention schedules.--The commission and

26  the offices may destroy general correspondence files and also

27  any other records that they deem no longer necessary to

28  preserve in accordance with retention schedules and

29  destruction notices established under rules of the Office of

30  State Library, Archives, and Records Division of Library and

31  Information Services, records and information management

                                  10

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 1  program, of the Department of State. Such schedules and

 2  notices relating to financial records of the commission and

 3  offices shall be subject to the approval of the Auditor

 4  General.

 5         Section 9.  Paragraph (f) of subsection (1) of section

 6  23.22, Florida Statutes, is amended to read:

 7         23.22  Paperwork reduction; activities of

 8  departments.--

 9         (1)  In order to reduce the amount of paperwork

10  associated with the collection of information from

11  individuals, private-sector organizations, and local

12  governments and to provide more efficient and effective

13  assistance to such individuals and organizations in completing

14  necessary paperwork required by the government, each

15  department head shall, to the extent feasible:

16         (f)  Collaborate with the Office of State Library,

17  Archives, and Records Division of Library and Information

18  Services, pursuant to s. 119.09, to identify and index records

19  retention requirements placed on private-sector organizations

20  and local governments in Florida, clarify and reduce the

21  requirements, and educate the affected entities through

22  various communications media, including voice, data, video,

23  radio, and image.

24         Section 10.  Subsections (2) and (4) of section 28.30,

25  Florida Statutes, are amended to read:

26         28.30  Records; destruction; reproduction; electronic

27  recordkeeping.--

28         (2)  The clerk of the circuit court of each county of

29  the state is authorized to destroy and dispose of public

30  records pursuant to the rules adopted by the Office of State

31  Library, Archives, and Records Division of Library and

                                  11

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 1  Information Services of the Department of State pursuant to s.

 2  257.36.

 3         (4)  The clerk of the circuit court shall follow

 4  procedures for electronic recordkeeping in accordance with

 5  rules adopted by the Office of State Library, Archives, and

 6  Records Division of Library and Information Services of the

 7  Department of State.

 8         Section 11.  Subsection (6) of section 97.021, Florida

 9  Statutes, is amended to read:

10         97.021  Definitions.--For the purposes of this code,

11  except where the context clearly indicates otherwise, the

12  term:

13         (6)  "Office" "Division" means the Division of

14  Elections Office of the Department of State.

15         Section 12.  Effective upon the effective date of

16  section 97.026, Florida Statutes, under section 22, chapter

17  2002-281, Laws of Florida, section 97.026, Florida Statutes,

18  is amended to read:

19         97.026  Forms to be available in alternative formats

20  and via the Internet.--It is the intent of the Legislature

21  that all forms required to be used in chapters 97-106 shall be

22  made available upon request, in alternative formats. Such

23  forms shall include absentee ballots as alternative formats

24  for such ballots become available and the Division of

25  Elections Office is able to certify systems that provide them.

26  Whenever possible, such forms, with the exception of absentee

27  ballots, shall be made available by the Department of State

28  via the Internet. Sections that contain such forms include,

29  but are not limited to, ss. 97.051, 97.052, 97.053, 97.057,

30  97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, 98.075,

31  99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103,

                                  12

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 1  101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and

 2  106.087.

 3         Section 13.  Subsections (1), (3), and (4) of section

 4  97.053, Florida Statutes, are amended to read:

 5         97.053  Acceptance of voter registration

 6  applications.--

 7         (1)  Voter registration applications, changes in

 8  registration, and requests for a replacement registration

 9  identification card must be accepted in the office of any

10  supervisor, the office division, a driver license office, a

11  voter registration agency, or an armed forces recruitment

12  office when hand delivered by the applicant or a third party

13  during the hours that office is open or when mailed.

14         (3)  The registration date for a valid initial voter

15  registration application that has been hand delivered is the

16  date when received by a driver license office, a voter

17  registration agency, an armed forces recruitment office, the

18  office division, or the office of any supervisor in the state.

19         (4)  The registration date for a valid initial voter

20  registration application that has been mailed and bears a

21  clear postmark is the date of the postmark. If an initial

22  voter registration application that has been mailed does not

23  bear a postmark or if the postmark is unclear, the

24  registration date is the date the registration is received by

25  any supervisor or the office division, unless it is received

26  within 5 days after the closing of the books for an election,

27  excluding Saturdays, Sundays, and legal holidays, in which

28  case the registration date is the book-closing date.

29         Section 14.  Subsection (2) of section 98.081, Florida

30  Statutes, is amended to read:

31  

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 1         98.081  Names removed from registration books;

 2  restrictions on reregistering; recordkeeping; restoration of

 3  erroneously or illegally removed names.--

 4         (2)  When the name of any elector is removed from the

 5  registration books pursuant to s. 98.065, s. 98.075, or s.

 6  98.093, the elector's original registration form shall be

 7  filed alphabetically in the office of the supervisor. As

 8  alternatives, registrations removed from the registration

 9  books may be microfilmed and such microfilms substituted for

10  the original registration forms; or, when voter registration

11  information, including the voter's signature, is maintained

12  digitally or on electronic, magnetic, or optic media, such

13  stored information may be substituted for the original

14  registration form. Such microfilms or stored information shall

15  be retained in the custody of the supervisor. In the event the

16  original registration forms are microfilmed or maintained

17  digitally or on electronic or other media, such originals may

18  be destroyed in accordance with the schedule approved by the

19  Office of State Library, Archives, and Records Bureau of

20  Archives and Records Management of the Division of Library and

21  Information Services of the department.

22         Section 15.  Paragraph (b) of subsection (1) and

23  subsections (2) and (4) of section 98.0979, Florida Statutes,

24  are amended to read:

25         98.0979  Statewide voter registration database open to

26  inspection; copies.--

27         (1)

28         (b)  Within 15 days after a request for voter

29  registration information, the office division or supervisor of

30  elections shall furnish any requested information, excluding

31  only a voter's signature, social security number, and such

                                  14

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 1  other information that is by statute specifically made

 2  confidential or is exempt from public records requirements.  A

 3  request for county information must be made to the supervisor

 4  of elections of that county, and a request for multicounty or

 5  statewide information must be made to the office division. A

 6  supervisor of elections is not responsible for providing any

 7  information other than information from the supervisor's own

 8  county.

 9         (2)  The information provided by the office division or

10  supervisor of elections pursuant to this section shall be

11  furnished only to:

12         (a)  Municipalities;

13         (b)  Other governmental agencies;

14         (c)  Political candidates, for the purpose of

15  furthering their candidacies;

16         (d)  Registered political committees, certified

17  committees of continuous existence, and political parties or

18  officials thereof, for political purposes only; and

19         (e)  Incumbent officeholders, for the purpose of

20  reporting to their constituents.

21         (4)  Any person who acquires a list of registered

22  voters from the office division or supervisor of elections

23  shall take and subscribe to an oath which shall be in

24  substantially the following form:

25  

26         I hereby swear (or affirm) that I am a person

27  authorized by s. 98.0979, Florida Statutes, to acquire

28  information on the registered voters of Florida; that the

29  information acquired will be used only for the purposes

30  prescribed in that section and for no other purpose; and that

31  I will not permit the use or copying of such information by

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 1  persons not authorized by the Election Code of the State of

 2  Florida.

 3                      ...(Signature of person acquiring list)...

 4  

 5  Sworn and subscribed before me this .... day of ........,

 6  ...(year)....

 7  ...(Name of person providing list)...

 8         Section 16.  Section 98.101, Florida Statutes, is

 9  amended to read:

10         98.101  Specifications for permanent registration

11  binders, files, and forms.--In the permanent registration

12  system, visible record binders, files, and registration forms

13  shall be used as registration books.  The binders shall be

14  visible record binders, metal bound with built-in shifts, to

15  hold executed registration forms, with labelholders and

16  followers for sheet protection as necessary.  The registration

17  forms shall consist of duplicates, both to be signed by the

18  registrant.  One of the original executed forms shall be used

19  for the poll binders, which binders shall have a built-in lock

20  to protect the forms.  The poll binders shall be divided in a

21  manner convenient for electors to vote.  The other original

22  form shall be used for the office copies and arranged

23  alphabetically, in suitable filing cabinets, thus providing a

24  master list of all electors in the county; however, any county

25  may, as an alternate method, use electronic data processing

26  equipment to fulfill the requirements of this chapter. As

27  additional alternatives, registration forms used for office

28  copies may be microfilmed and such microfilms substituted for

29  the original registration forms; or, when voter registration

30  information, including the voter's signature, is maintained

31  digitally or on electronic, magnetic, or optic media, such

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 1  stored information may be substituted for the original

 2  registration form. Such microfilms or stored information shall

 3  be retained in the custody of the supervisor of elections.  In

 4  the event the original registration forms are microfilmed or

 5  maintained digitally or on electronic or other media, such

 6  originals may be destroyed in accordance with the schedule

 7  approved by the State Library, Archives, and Records Services

 8  Office Bureau of Archives and Records Management of the

 9  Division of Library and Information Services of the Department

10  of State.

11         Section 17.  Section 98.461, Florida Statutes, is

12  amended to read:

13         98.461  Registration form, precinct register;

14  contents.--A registration form, approved by the Department of

15  State, containing the information required in s. 97.052 shall

16  be filed alphabetically in the office of the supervisor as the

17  master list of electors of the county. However, the

18  registration forms may be microfilmed and such microfilms

19  substituted for the original registration forms; or, when

20  voter registration information, including the voter's

21  signature, is maintained digitally or on electronic, magnetic,

22  or optic media, such stored information may be substituted for

23  the original registration form. Such microfilms or stored

24  information shall be retained in the custody of the supervisor

25  of elections. In the event the original registration forms are

26  microfilmed or maintained digitally or on electronic or other

27  media, such originals may be destroyed in accordance with the

28  schedule approved by the Office of State Library, Archives,

29  and Records Bureau of Archives and Records Management of the

30  Division of Library and Information Services of the Department

31  of State. As an alternative, the information from the

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 1  registration form, including the signature, may be

 2  electronically reproduced and stored as provided in s. 98.451.

 3  A computer printout shall be used at the polls as a precinct

 4  register in lieu of the registration books. The precinct

 5  register shall contain the date of the election, the precinct

 6  number, and the following information concerning each

 7  registered elector: last name, first name, and middle name or

 8  initial; party affiliation; residence address; registration

 9  number; date of birth; sex, if provided; race, if provided;

10  whether the voter needs assistance in voting; and such other

11  additional information as to readily identify the elector. The

12  precinct register shall also contain a space for the elector's

13  signature and a space for the initials of the witnessing clerk

14  or inspector.

15         Section 18.  Paragraph (a) of subsection (3) of section

16  99.097, Florida Statutes, is amended to read:

17         99.097  Verification of signatures on petitions.--

18         (3)(a)  A name on a petition, which name is not in

19  substantially the same form as a name on the voter

20  registration books, shall be counted as a valid signature if,

21  after comparing the signature on the petition with the

22  signature of the alleged signer as shown on the registration

23  books, the supervisor determines that the person signing the

24  petition and the person who registered to vote are one and the

25  same.  In any situation in which this code requires the form

26  of the petition to be prescribed by the office division, no

27  signature shall be counted toward the number of signatures

28  required unless it is on a petition form prescribed by the

29  office division.

30         Section 19.  Subsection (4) of section 100.371, Florida

31  Statutes, is amended to read:

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 1         100.371  Initiatives; procedure for placement on

 2  ballot.--

 3         (4)  The sponsor shall submit signed and dated forms to

 4  the appropriate supervisor of elections for verification as to

 5  the number of registered electors whose valid signatures

 6  appear thereon. The supervisor shall promptly verify the

 7  signatures upon payment of the fee required by s. 99.097. Upon

 8  completion of verification, the supervisor shall execute a

 9  certificate indicating the total number of signatures checked,

10  the number of signatures verified as valid and as being of

11  registered electors, and the distribution by congressional

12  district. This certificate shall be immediately transmitted to

13  the Secretary of State. The supervisor shall retain the

14  signature forms for at least 1 year following the election in

15  which the issue appeared on the ballot or until the office

16  Division of Elections notifies the supervisors of elections

17  that the committee which circulated the petition is no longer

18  seeking to obtain ballot position.

19         Section 20.  Subsection (7) of section 101.015, Florida

20  Statutes, is amended to read:

21         101.015  Standards for voting systems.--

22         (7)  The office Division of Elections shall review the

23  voting systems certification standards and ensure that new

24  technologies are available for selection by boards of county

25  commissioners which meet the requirements for voting systems

26  and meet user standards. The office Division of Elections

27  shall continuously review the voting systems certification

28  standards to ensure that new technologies are appropriately

29  certified for all elections in a timely manner. The office

30  division shall also develop methods to determine the will of

31  the public with respect to voting systems.

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 1         Section 21.  Section 101.017, Florida Statutes, is

 2  amended to read:

 3         101.017  Bureau of Voting systems certification.--The

 4  office There is created a Bureau of Voting Systems

 5  Certification within the Division of Elections of the

 6  Department of State which shall provide technical support to

 7  the supervisors of elections and which is responsible for

 8  voting system standards and certification.  The positions

 9  necessary for the office bureau to accomplish its duties under

10  this section shall be established through the budgetary

11  process.

12         Section 22.  Section 101.293, Florida Statutes, is

13  amended to read:

14         101.293  Competitive sealed bids and proposals

15  required.--

16         (1)  Any purchase of voting equipment, the individual

17  or combined retail value of which is in excess of the

18  threshold amount for CATEGORY TWO purchases provided in s.

19  287.017, by a governing body shall be by means of competitive

20  sealed bids or competitive sealed proposals from at least two

21  bidders, except under the following conditions:

22         (a)  If a majority of the governing body agrees by vote

23  that an emergency situation exists in regard to the purchase

24  of such equipment to the extent that the potential benefits

25  derived from competitive sealed bids or competitive sealed

26  proposals are outweighed by the detrimental effects of a delay

27  in the acquisition of such equipment; or

28         (b)  If a majority of the governing body finds that

29  there is but a single source from which suitable equipment may

30  be obtained.

31  

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 1  If such conditions are found to exist, the chair of the

 2  governing body shall certify to the office Division of

 3  Elections the situation and conditions requiring an exception

 4  to the competitive sealed bidding and competitive sealed

 5  proposal requirements of this section.  Such certification

 6  shall be maintained on file by the office division.

 7         (2)  The office Division of Elections of the Department

 8  of State shall establish bidding procedures for carrying out

 9  the provisions and the intent of ss. 101.292-101.295, and each

10  governing body shall follow the procedures so established.

11         Section 23.  Section 101.294, Florida Statutes, is

12  amended to read:

13         101.294  Purchase and sale of voting equipment.--

14         (1)  The office Division of Elections of the Department

15  of State shall adopt uniform rules for the purchase, use, and

16  sale of voting equipment in the state.  No governing body

17  shall purchase or cause to be purchased any voting equipment

18  unless such equipment has been certified for use in this state

19  by the Department of State.

20         (2)  Any governing body contemplating the purchase or

21  sale of voting equipment shall notify the office Division of

22  Elections of such considerations.  The office division shall

23  attempt to coordinate the sale of excess or outmoded equipment

24  by one county with purchases of necessary equipment by other

25  counties.

26         (3)  The office division shall inform the governing

27  bodies of the various counties of the state of the

28  availability of new or used voting equipment and of sources

29  available for obtaining such equipment.

30         Section 24.  Section 101.545, Florida Statutes, is

31  amended to read:

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 1         101.545  Retention and destruction of certain election

 2  materials.--All ballots, forms, and other election materials

 3  shall be retained in the custody of the supervisor of

 4  elections in accordance with the schedule approved by the

 5  Office of State Library, Archives, and Records Division of

 6  Library and Information Services of the Department of State.

 7  All unused ballots, forms, and other election materials may,

 8  with the approval of the Department of State, be destroyed by

 9  the supervisor after the election for which such ballots,

10  forms, or other election materials were to be used.

11         Section 25.  Subsection (4) of section 101.5608,

12  Florida Statutes, is amended to read:

13         101.5608  Voting by electronic or electromechanical

14  method; procedures.--

15         (4)  In any election in which a write-in candidate has

16  qualified for office, the supervisor of elections shall

17  provide for write-in voting pursuant to rules adopted by the

18  office Division of Elections.

19         Section 26.  Subsection (5) of section 101.5614,

20  Florida Statutes, is amended to read:

21         101.5614  Canvass of returns.--

22         (5)  If any absentee ballot is physically damaged so

23  that it cannot properly be counted by the automatic tabulating

24  equipment, a true duplicate copy shall be made of the damaged

25  ballot in the presence of witnesses and substituted for the

26  damaged ballot. Likewise, a duplicate ballot shall be made of

27  an absentee ballot containing an overvoted race or a marked

28  absentee ballot in which every race is undervoted which shall

29  include all valid votes as determined by the canvassing board

30  based on rules adopted by the office division pursuant to s.

31  102.166(5). All duplicate ballots shall be clearly labeled

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 1  "duplicate," bear a serial number which shall be recorded on

 2  the defective ballot, and be counted in lieu of the defective

 3  ballot. After a ballot has been duplicated, the defective

 4  ballot shall be placed in an envelope provided for that

 5  purpose, and the duplicate ballot shall be tallied with the

 6  other ballots for that precinct.

 7         Section 27.  Subsection (3) of section 101.694, Florida

 8  Statutes, is amended to read:

 9         101.694  Mailing of ballots upon receipt of federal

10  postcard application.--

11         (3)  There shall be printed across the face of each

12  envelope in which a ballot is sent to a federal postcard

13  applicant, or is returned by such applicant to the supervisor,

14  two parallel horizontal red bars, each one-quarter inch wide,

15  extending from one side of the envelope to the other side,

16  with an intervening space of one-quarter inch, the top bar to

17  be 1 1/4  inches from the top of the envelope, and with the

18  words "Official Election Balloting Material-via Air Mail," or

19  similar language, between the bars. There shall be printed in

20  the upper right corner of each such envelope, in a box, the

21  words "Free of U. S. Postage, including Air Mail."  All

22  printing on the face of each envelope shall be in red, and

23  there shall be printed in red in the upper left corner of each

24  ballot envelope an appropriate inscription or blanks for

25  return address of sender.  Additional specifications may be

26  prescribed by rule of the office Division of Elections upon

27  recommendation of the presidential designee under the

28  Uniformed and Overseas Citizens Absentee Voting Act.

29  Otherwise, the envelopes shall be the same as those used in

30  sending ballots to, or receiving them from, other absentee

31  voters.

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 1         Section 28.  Subsection (2) of section 101.732, Florida

 2  Statutes, is amended to read:

 3         101.732  Definitions relating to Elections Emergency

 4  Act.--As used in ss. 101.731-101.74:

 5         (2)  "Office" "Division" means the Division of

 6  Elections Office of the department of State.

 7         Section 29.  Subsection (3) of section 101.733, Florida

 8  Statutes, is amended to read:

 9         101.733  Election emergency; purpose; elections

10  emergency contingency plan.--Because of the existing and

11  continuing possibility of an emergency or common disaster

12  occurring before or during a regularly scheduled or special

13  election, and in order to ensure maximum citizen participation

14  in the electoral process and provide a safe and orderly

15  procedure for persons seeking to exercise their right to vote,

16  generally to minimize to whatever degree possible a person's

17  exposure to danger during declared states of emergency, and to

18  protect the integrity of the electoral process, it is hereby

19  found and declared to be necessary to designate a procedure

20  for the emergency suspension or delay and rescheduling of

21  elections.

22         (3)  The office Division of Elections of the Department

23  of State shall adopt, by rule, an elections emergency

24  contingency plan, which shall contain goals and policies that

25  give specific direction to state and local elections officials

26  when an election has been suspended or delayed due to an

27  emergency.  The contingency plan shall be statewide in scope

28  and shall address, but not be limited to, the following

29  concerns:

30         (a)  Providing a procedure for state and local

31  elections officials to follow when an election has been

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 1  suspended or delayed to ensure notice of the suspension or

 2  delay to the proper authorities, the electorate, the

 3  communications media, poll workers, and the custodians of

 4  polling places.

 5         (b)  Providing a procedure for the orderly conduct of a

 6  rescheduled election, whether municipal, county, district, or

 7  statewide in scope; coordinating those efforts with the

 8  appropriate elections official, and the members of the

 9  governing body holding such election, if appropriate; and

10  working with the appropriate emergency management officials in

11  determining the safety of existing polling places or

12  designating additional polling places.

13         (c)  Providing a procedure for the release and

14  certification of election returns to the department for

15  elections suspended or delayed and subsequently rescheduled

16  under the provisions of ss. 101.731-101.74.

17         Section 30.  Subsection (2) of section 102.111, Florida

18  Statutes, is amended to read:

19         102.111  Elections Canvassing Commission.--

20         (2)  The office Division of Elections shall provide the

21  staff services required by the Elections Canvassing

22  Commission.

23         Section 31.  Subsection (8) of section 102.141, Florida

24  Statutes, is amended to read:

25         102.141  County canvassing board; duties.--

26         (8)  At the same time that the results of an election

27  are certified to the Department of State, the county

28  canvassing board shall file a report with the office Division

29  of Elections on the conduct of the election.  The report shall

30  contain information relating to any problems incurred as a

31  result of equipment malfunctions either at the precinct level

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 1  or at a counting location, any difficulties or unusual

 2  circumstances encountered by an election board or the

 3  canvassing board, and any other additional information which

 4  the canvassing board feels should be made a part of the

 5  official election record. Such reports shall be maintained on

 6  file in the office Division of Elections and shall be

 7  available for public inspection.  The office division shall

 8  use utilize the reports submitted by the canvassing boards to

 9  determine what problems may be likely to occur in other

10  elections and disseminate such information, along with

11  possible solutions, to the supervisors of elections.

12         Section 32.  Subsection (1) of section 105.031, Florida

13  Statutes, is amended to read:

14         105.031  Qualification; filing fee; candidate's oath;

15  items required to be filed.--

16         (1)  TIME OF QUALIFYING.--Except for candidates for

17  judicial office, nonpartisan candidates for multicounty office

18  shall qualify with the Division of Elections Office of the

19  Department of State and nonpartisan candidates for countywide

20  or less than countywide office shall qualify with the

21  supervisor of elections. Candidates for judicial office other

22  than the office of county court judge shall qualify with the

23  Division of Elections Office of the Department of State, and

24  candidates for the office of county court judge shall qualify

25  with the supervisor of elections of the county.  Candidates

26  for judicial office shall qualify no earlier than noon of the

27  120th day, and no later than noon of the 116th day, before the

28  first primary election. Candidates for the office of school

29  board member shall qualify no earlier than noon of the 50th

30  day, and no later than noon of the 46th day, before the first

31  primary election.  Filing shall be on forms provided for that

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 1  purpose by the Division of Elections Office and furnished by

 2  the appropriate qualifying officer. Any person seeking to

 3  qualify by the alternative method, as set forth in s. 105.035,

 4  if the person has submitted the necessary petitions by the

 5  required deadline and is notified after the fifth day prior to

 6  the last day for qualifying that the required number of

 7  signatures has been obtained, shall be entitled to subscribe

 8  to the candidate's oath and file the qualifying papers at any

 9  time within 5 days from the date he or she is notified that

10  the necessary number of signatures has been obtained.  Any

11  person other than a write-in candidate who qualifies within

12  the time prescribed in this subsection shall be entitled to

13  have his or her name printed on the ballot.

14         Section 33.  Subsections (1) and (2) and paragraph (a)

15  of subsection (4) of section 105.035, Florida Statutes, are

16  amended to read:

17         105.035  Alternative method of qualifying for certain

18  judicial offices and the office of school board member.--

19         (1)  A person seeking to qualify for election to the

20  office of circuit judge or county court judge or the office of

21  school board member may qualify for election to such office by

22  means of the petitioning process prescribed in this section.

23  A person qualifying by this alternative method shall not be

24  required to pay the qualifying fee required by this chapter.

25  A person using this petitioning process shall file an oath

26  with the officer before whom the candidate would qualify for

27  the office stating that he or she intends to qualify by this

28  alternative method for the office sought. Such oath shall be

29  filed at any time after the first Tuesday after the first

30  Monday in January of the year in which the election is held,

31  but prior to the 21st day preceding the first day of the

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 1  qualifying period for the office sought. The form of such oath

 2  shall be prescribed by the Division of Elections Office.  No

 3  signatures shall be obtained until the person has filed the

 4  oath prescribed in this subsection.

 5         (2)  Upon receipt of a written oath from a candidate,

 6  the qualifying officer shall provide the candidate with a

 7  petition format prescribed by the Division of Elections Office

 8  to be used by the candidate to reproduce petitions for

 9  circulation.  If the candidate is running for an office which

10  will be grouped on the ballot with two or more similar offices

11  to be filled at the same election, the candidate's petition

12  must indicate, prior to the obtaining of registered electors'

13  signatures, for which group or district office the candidate

14  is running.

15         (4)(a)  Each candidate seeking to qualify for election

16  to the office of circuit judge or the office of school board

17  member from a multicounty school district pursuant to this

18  section shall file a separate petition from each county from

19  which signatures are sought.  Each petition shall be

20  submitted, prior to noon of the 21st day preceding the first

21  day of the qualifying period for the office sought, to the

22  supervisor of elections of the county for which such petition

23  was circulated.  Each supervisor of elections to whom a

24  petition is submitted shall check the signatures on the

25  petition to verify their status as electors of that county and

26  of the geographic area represented by the office sought. Prior

27  to the first date for qualifying, the supervisor shall certify

28  the number shown as registered electors and submit such

29  certification to the Division of Elections Office.  The office

30  division shall determine whether the required number of

31  signatures has been obtained for the name of the candidate to

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 1  be placed on the ballot and shall notify the candidate.  If

 2  the required number of signatures has been obtained, the

 3  candidate shall, during the time prescribed for qualifying for

 4  office, submit a copy of such notice and file his or her

 5  qualifying papers and oath prescribed in s. 105.031 with the

 6  Division of Elections Office.  Upon receipt of the copy of

 7  such notice and qualifying papers, the Election's Office

 8  division shall certify the name of the candidate to the

 9  appropriate supervisor or supervisors of elections as having

10  qualified for the office sought.

11         Section 34.  Subsection (5) of section 105.036, Florida

12  Statutes, is amended to read:

13         105.036  Initiative for method of selection for circuit

14  or county court judges; procedures for placement on ballot.--

15         (5)  No later than 5 p.m. 151 days prior to the general

16  election at which the proposed judicial selection initiative

17  is to be voted on, the sponsor shall submit signed and dated

18  forms to the appropriate supervisor of elections for

19  verification as to the number of registered electors whose

20  valid signatures appear thereon. The supervisor shall promptly

21  verify the signatures upon payment of the fee or filing of the

22  undue burden oath required by s. 99.097. Verification must be

23  completed at least 91 days prior to the general election. Upon

24  completion of verification, the supervisor shall execute a

25  certificate indicating the total number of signatures checked

26  and the number of signatures verified as valid and as being of

27  registered electors of the applicable county or circuit. This

28  certificate must be immediately transmitted to the Secretary

29  of State for petitions related to the method of selection of

30  circuit court judges. The supervisor must retain the signature

31  forms for at least 1 year following the election in which the

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 1  issue appeared on the ballot or until the committee that

 2  circulated the petition is no longer seeking to obtain ballot

 3  position as determined by the office Division of Elections for

 4  circuit court petitions or by the supervisor of elections for

 5  county court petitions.

 6         Section 35.  Paragraph (b) of subsection (2) of section

 7  105.041, Florida Statutes, is amended to read:

 8         105.041  Form of ballot.--

 9         (2)  LISTING OF CANDIDATES.--

10         (b)1.  The names of candidates for the office of

11  circuit judge shall be listed on the first primary ballot in

12  the order determined by lot conducted by the director of the

13  Division of Elections Office of the Department of State after

14  the close of the qualifying period.

15         2.  Candidates who have secured a position on the

16  general election ballot, after having survived elimination at

17  the first primary, shall have their names listed in the same

18  order as on the first primary ballot, notwithstanding the

19  elimination of any intervening names as a result of the first

20  primary.

21         Section 36.  Subsection (12) of section 106.011,

22  Florida Statutes, is amended to read:

23         106.011  Definitions.--As used in this chapter, the

24  following terms have the following meanings unless the context

25  clearly indicates otherwise:

26         (12)  "Office" "Division" means the Division of

27  Elections Office of the Department of State.

28         Section 37.  Paragraph (a) of subsection (1) of section

29  106.021, Florida Statutes, is amended to read:

30         106.021  Campaign treasurers; deputies; primary and

31  secondary depositories.--

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 1         (1)(a)  Each candidate for nomination or election to

 2  office and each political committee shall appoint a campaign

 3  treasurer. Each person who seeks to qualify for nomination or

 4  election to, or retention in, office shall appoint a campaign

 5  treasurer and designate a primary campaign depository prior to

 6  qualifying for office.  Any person who seeks to qualify for

 7  election or nomination to any office by means of the

 8  petitioning process shall appoint a treasurer and designate a

 9  primary depository on or before the date he or she obtains the

10  petitions.  Each candidate shall at the same time he or she

11  designates a campaign depository and appoints a treasurer also

12  designate the office for which he or she is a candidate.  If

13  the candidate is running for an office which will be grouped

14  on the ballot with two or more similar offices to be filled at

15  the same election, the candidate must indicate for which group

16  or district office he or she is running.  Nothing in this

17  subsection shall prohibit a candidate, at a later date, from

18  changing the designation of the office for which he or she is

19  a candidate.  However, if a candidate changes the designated

20  office for which he or she is a candidate, the candidate must

21  notify all contributors in writing of the intent to seek a

22  different office and offer to return pro rata, upon their

23  request, those contributions given in support of the original

24  office sought. This notification shall be given within 15 days

25  after the filing of the change of designation and shall

26  include a standard form developed by the office Division of

27  Elections for requesting the return of contributions.  The

28  notice requirement shall not apply to any change in a

29  numerical designation resulting solely from redistricting.

30  If, within 30 days after being notified by the candidate of

31  the intent to seek a different office, the contributor

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 1  notifies the candidate in writing that the contributor wishes

 2  his or her contribution to be returned, the candidate shall

 3  return the contribution, on a pro rata basis, calculated as of

 4  the date the change of designation is filed.  Any

 5  contributions not requested to be returned within the 30-day

 6  period may be used by the candidate for the newly designated

 7  office.  No person shall accept any contribution or make any

 8  expenditure with a view to bringing about his or her

 9  nomination, election, or retention in public office, or

10  authorize another to accept such contributions or make such

11  expenditure on the person's behalf, unless such person has

12  appointed a campaign treasurer and designated a primary

13  campaign depository. A candidate for an office voted upon

14  statewide may appoint not more than 15 deputy campaign

15  treasurers, and any other candidate or political committee may

16  appoint not more than 3 deputy campaign treasurers.  The names

17  and addresses of the campaign treasurer and deputy campaign

18  treasurers so appointed shall be filed with the officer before

19  whom such candidate is required to qualify or with whom such

20  political committee is required to register pursuant to s.

21  106.03.  Each candidate who qualifies with the Department of

22  State for an office not voted upon statewide shall, at the

23  same time, file a copy of the name and address of the campaign

24  treasurer with the supervisor of elections in the county in

25  which the candidate resides.

26         Section 38.  Paragraphs (a) and (d) of subsection (3)

27  and subsection (7) of section 106.03, Florida Statutes, are

28  amended to read:

29         106.03  Registration of political committees.--

30         (3)(a)  A political committee which is organized to

31  support or oppose statewide, legislative, or multicounty

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 1  candidates or issues to be voted upon on a statewide or

 2  multicounty basis shall file a statement of organization with

 3  the office Division of Elections.

 4         (d)  Any political committee which would be required

 5  under this subsection to file a statement of organization in

 6  two or more locations by reason of the committee's intention

 7  to support or oppose candidates or issues at state or

 8  multicounty and local levels of government need file only with

 9  the office Division of Elections.

10         (7)  The office Division of Elections shall adopt

11  promulgate rules to prescribe the manner in which inactive

12  committees may be dissolved and have their registration

13  canceled. Such rules shall, at a minimum, provide for:

14         (a)  Notice which shall contain the facts and conduct

15  which warrant the intended action, including but not limited

16  to failure to file reports and limited activity.

17         (b)  Adequate opportunity to respond.

18         (c)  Appeal of the decision to the Florida Elections

19  Commission.  Such appeals shall be exempt from the

20  confidentiality provisions of s. 106.25.

21         Section 39.  Subsections (2), (3), (4), (6), and (7) of

22  section 106.04, Florida Statutes, are amended to read:

23         106.04  Committees of continuous existence.--

24         (2)  Any group, organization, association, or other

25  entity may seek certification from the Department of State as

26  a committee of continuous existence by filing an application

27  with the office Division of Elections on a form provided by

28  the office division. Such application shall provide the

29  information required of political committees by s. 106.03(2).

30  Each application shall be accompanied by the name and street

31  address of the principal officer of the applying entity as of

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 1  the date of the application; a copy of the charter or bylaws

 2  of the organization; a copy of the dues or assessment schedule

 3  of the organization, or formula by which dues or assessments

 4  are levied; and a complete financial statement or annual audit

 5  summarizing all income received, and all expenses incurred, by

 6  the organization during the 12 months preceding the date of

 7  application.  A membership list shall be made available for

 8  inspection if deemed necessary by the office division.

 9         (3)  If the office Division of Elections finds that an

10  applying organization meets the criteria for a committee of

11  continuous existence as provided by subsection (1), it shall

12  certify such findings and notify the applying organization of

13  such certification.  If it finds that an applying organization

14  does not meet the criteria for certification, it shall notify

15  the organization of such findings and shall state the reasons

16  why such criteria are not met.

17         (4)(a)  Each committee of continuous existence shall

18  file an annual report with the office Division of Elections

19  during the month of January.  Such annual reports shall

20  contain the same information and shall be accompanied by the

21  same materials as original applications filed pursuant to

22  subsection (2). However, the charter or bylaws need not be

23  filed if the annual report is accompanied by a sworn statement

24  by the chair that no changes have been made to such charter or

25  bylaws since the last filing.

26         (b)1.  Each committee of continuous existence shall

27  file regular reports with the office Division of Elections at

28  the same times and subject to the same filing conditions as

29  are established by s. 106.07(1) and (2) for candidates'

30  reports.

31  

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 1         2.  Any committee of continuous existence failing to so

 2  file a report with the office Division of Elections pursuant

 3  to this paragraph on the designated due date shall be subject

 4  to a fine for late filing as provided by this section.

 5         (c)  All committees of continuous existence shall file

 6  the original and one copy of their reports with the office

 7  Division of Elections.  In addition, a duplicate copy of each

 8  report shall be filed with the supervisor of elections in the

 9  county in which the committee maintains its books and records,

10  except that if the filing officer to whom the committee is

11  required to report is located in the same county as the

12  supervisor no such duplicate report is required to be filed

13  with the supervisor.  Reports shall be on forms provided by

14  the office division and shall contain the following

15  information:

16         1.  The full name, address, and occupation of each

17  person who has made one or more contributions to the committee

18  during the reporting period, together with the amounts and

19  dates of such contributions.  For corporations, the report

20  must provide as clear a description as practicable of the

21  principal type of business conducted by the corporation.

22  However, if the contribution is $100 or less, the occupation

23  of the contributor or principal type of business need not be

24  listed.  However, for any contributions which represent the

25  payment of dues by members in a fixed amount pursuant to the

26  schedule on file with the office Division of Elections, only

27  the aggregate amount of such contributions need be listed,

28  together with the number of members paying such dues and the

29  amount of the membership dues.

30         2.  The name and address of each political committee or

31  committee of continuous existence from which the reporting

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 1  committee received, or the name and address of each political

 2  committee, committee of continuous existence, or political

 3  party to which it made, any transfer of funds, together with

 4  the amounts and dates of all transfers.

 5         3.  Any other receipt of funds not listed pursuant to

 6  subparagraph 1. or subparagraph 2., including the sources and

 7  amounts of all such funds.

 8         4.  The name and address of, and office sought by, each

 9  candidate to whom the committee has made a contribution during

10  the reporting period, together with the amount and date of

11  each contribution.

12         (d)  The treasurer of each committee shall certify as

13  to the correctness of each report and shall bear the

14  responsibility for its accuracy and veracity.  Any treasurer

15  who willfully certifies to the correctness of a report while

16  knowing that such report is incorrect, false, or incomplete

17  commits a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (6)  All accounts and records of a committee of

20  continuous existence may be inspected under reasonable

21  circumstances by any authorized representative of the office

22  Division of Elections or the Florida Elections Commission.

23  The right of inspection may be enforced by appropriate writ

24  issued by any court of competent jurisdiction.

25         (7)  If a committee of continuous existence ceases to

26  meet the criteria prescribed by subsection (1), the office

27  Division of Elections shall revoke its certification until

28  such time as the criteria are again met.  The office Division

29  of Elections shall adopt promulgate rules to prescribe the

30  manner in which such certification shall be revoked.  Such

31  rules shall, at a minimum, provide for:

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 1         (a)  Notice, which shall contain the facts and conduct

 2  that warrant the intended action.

 3         (b)  Adequate opportunity to respond.

 4         (c)  Appeal of the decision to the Florida Elections

 5  Commission.  Such appeals shall be exempt from the

 6  confidentiality provisions of s. 106.25.

 7         Section 40.  Subsections (2) of section 106.06, Florida

 8  Statutes, is amended to read:

 9         106.06  Treasurer to keep records; inspections.--

10         (2)  Accounts, including separate interest-bearing

11  accounts and certificates of deposit, kept by the campaign

12  treasurer of a candidate or political committee may be

13  inspected under reasonable circumstances before, during, or

14  after the election to which the accounts refer by any

15  authorized representative of the office Division of Elections

16  or the Florida Elections Commission.  The right of inspection

17  may be enforced by appropriate writ issued by any court of

18  competent jurisdiction. The campaign treasurer of a political

19  committee supporting a candidate may be joined with the

20  campaign treasurer of the candidate as respondent in such a

21  proceeding.

22         Section 41.  Subsection (6) and paragraph (a) of

23  subsection (8) of section 106.07, Florida Statutes, are

24  amended to read:

25         106.07  Reports; certification and filing.--

26         (6)  The campaign depository shall return all checks

27  drawn on the account to the campaign treasurer who shall

28  retain the records pursuant to s. 106.06.  The records

29  maintained by the depository with respect to such account

30  shall be subject to inspection by an agent of the office

31  Division of Elections or the Florida Elections Commission at

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 1  any time during normal banking hours, and such depository

 2  shall furnish certified copies of any of such records to the

 3  office Division of Elections or Florida Elections Commission

 4  upon request.

 5         (8)(a)  Any candidate or political committee failing to

 6  file a report on the designated due date shall be subject to a

 7  fine as provided in paragraph (b) for each late day, and, in

 8  the case of a candidate, such fine shall be paid only from

 9  personal funds of the candidate.  The fine shall be assessed

10  by the filing officer and the moneys collected shall be

11  deposited:

12         1.  In the Elections Commission Trust Fund, in the case

13  of a candidate for state office or a political committee that

14  registers with the office Division of Elections; or

15         2.  In the general revenue fund of the political

16  subdivision, in the case of a candidate for an office of a

17  political subdivision or a political committee that registers

18  with an officer of a political subdivision.

19  

20  No separate fine shall be assessed for failure to file a copy

21  of any report required by this section.

22         Section 42.  Paragraph (a) of subsection (2) of section

23  106.11, Florida Statutes, is amended to read:

24         106.11  Expenses of and expenditures by candidates and

25  political committees.--Each candidate and each political

26  committee which designates a primary campaign depository

27  pursuant to s. 106.021(1) shall make expenditures from funds

28  on deposit in such primary campaign depository only in the

29  following manner, with the exception of expenditures made from

30  petty cash funds provided by s. 106.12:

31  

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 1         (2)(a)  For purposes of this section, debit cards are

 2  considered bank checks, if:

 3         1.  Debit cards are obtained from the same bank that

 4  has been designated as the candidate's or political

 5  committee's primary campaign depository.

 6         2.  Debit cards are issued in the name of the

 7  treasurer, deputy treasurer, or authorized user and state

 8  "Campaign Account of ...(name of candidate or political

 9  committee)...."

10         3.  No more than three debit cards are requested and

11  issued.

12         4.  Before a debit card is used, a list of all persons

13  authorized to use the card is filed with the office division.

14         5.  All debit cards issued to a candidate's campaign or

15  a political committee expire no later than midnight of the

16  last day of the month of the general election.

17         6.  The person using the debit card does not receive

18  cash as part of, or independent of, any transaction for goods

19  or services.

20         7.  All receipts for debit card transactions contain:

21         a.  The last four digits of the debit card number.

22         b.  The exact amount of the expenditure.

23         c.  The name of the payee.

24         d.  The signature of the campaign treasurer, deputy

25  treasurer, or authorized user.

26         e.  The exact purpose for which the expenditure is

27  authorized.

28  

29  Any information required by this subparagraph but not included

30  on the debit card transaction receipt may be handwritten on,

31  

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 1  or attached to, the receipt by the authorized user before

 2  submission to the treasurer.

 3         Section 43.  Paragraph (a) of subsection (7) and

 4  subsection (8) of section 106.141, Florida Statutes, are

 5  amended to read:

 6         106.141  Disposition of surplus funds by candidates.--

 7         (7)(a)  Any candidate required to dispose of campaign

 8  funds pursuant to this section shall do so within the time

 9  required by this section and shall, on or before the date by

10  which such disposition is to have been made, file with the

11  officer with whom reports are required to be filed pursuant to

12  s. 106.07 a form prescribed by the office Division of

13  Elections listing:

14         1.  The name and address of each person or unit of

15  government to whom any of the funds were distributed and the

16  amounts thereof;

17         2.  The name and address of each person to whom an

18  expenditure was made, together with the amount thereof and

19  purpose therefor; and

20         3.  The amount of such funds transferred to an office

21  account by the candidate, together with the name and address

22  of the bank in which the office account is located.

23  

24  Such report shall be signed by the candidate and the campaign

25  treasurer and certified as true and correct pursuant to s.

26  106.07.

27         (8)  Any candidate elected to office who transfers

28  surplus campaign funds into an office account pursuant to

29  subsection (5) shall file a report on the 10th day following

30  the end of each calendar quarter until the account is closed.

31  Such reports shall contain the name and address of each person

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 1  to whom any disbursement of funds was made, together with the

 2  amount thereof and the purpose therefor, and the name and

 3  address of any person from whom the elected candidate received

 4  any refund or reimbursement and the amount thereof.  Such

 5  reports shall be on forms prescribed by the office Division of

 6  Elections, signed by the elected candidate, certified as true

 7  and correct, and filed with the officer with whom campaign

 8  reports were filed pursuant to s. 106.07(2).

 9         Section 44.  Subsections (1) and (3) of section

10  106.1475, Florida Statutes, are amended to read:

11         106.1475  Telephone solicitation; registered agent

12  requirements; penalty.--

13         (1)  Any person or organization that conducts any

14  business in this state which consists of making paid telephone

15  calls supporting or opposing any candidate or elected public

16  official must, prior to conducting such business, have and

17  continuously maintain, for at least 180 days following the

18  cessation of such business activities in the state, a

19  registered agent for the purpose of any service of process,

20  notice, or demand required or authorized by law and must file

21  with the office division a notice of such registered agent.

22  Such registered agent must be an individual who is a resident

23  of this state, a domestic corporation, or a foreign

24  corporation authorized to do business in this state.  However,

25  this subsection does not apply to any person or organization

26  already lawfully registered to conduct business in this state.

27         (3)(a)  The office division shall create and maintain

28  forms for the notice required by subsection (1), which, at a

29  minimum, must elicit all of the following information:

30         1.  The name, address, and telephone number of the

31  registered agent.

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 1         2.  The name, address, and telephone number of the

 2  person or organization conducting business in this state as

 3  specified in subsection (1).

 4         (b)  The person or organization conducting business in

 5  this state as specified in subsection (1) must immediately

 6  notify the office division of any changes in the information

 7  required in paragraph (a).

 8         Section 45.  Section 106.22, Florida Statutes, is

 9  amended to read:

10         106.22  Duties of the Division of Elections Office.--It

11  is the duty of the Division of Elections Office to:

12         (1)  Prescribe forms for statements and other

13  information required to be filed by this chapter.  Such forms

14  shall be furnished by the Department of State or office of the

15  supervisor of elections to persons required to file such

16  statements and information with such agency.

17         (2)  Prepare and publish manuals or brochures setting

18  forth recommended uniform methods of bookkeeping and

19  reporting, and including appropriate portions of the election

20  code, for use by persons required by this chapter to file

21  statements.

22         (3)  Develop a filing, coding, and cross-indexing

23  system consonant with the purposes of this chapter.

24         (4)  Preserve statements and other information required

25  to be filed with the office division pursuant to this chapter

26  for a period of 10 years from date of receipt.

27         (5)  Prepare and publish such reports as it may deem

28  appropriate.

29         (6)  Make, from time to time, audits and field

30  investigations with respect to reports and statements filed

31  under the provisions of this chapter and with respect to

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 1  alleged failures to file any report or statement required

 2  under the provisions of this chapter.  The office division

 3  shall conduct a postelection audit of the campaign accounts of

 4  all candidates receiving contributions from the Election

 5  Campaign Financing Trust Fund.

 6         (7)  Report to the Florida Elections Commission any

 7  failure to file a report or information required by this

 8  chapter or any apparent violation of this chapter.

 9         (8)  Employ such personnel or contract for such

10  services as are necessary to adequately carry out the intent

11  of this chapter.

12         (9)  Prescribe rules and regulations to carry out the

13  provisions of this chapter.  Such rules shall be prescribed

14  pursuant to chapter 120.

15         (10)  Make an annual report to the President of the

16  Senate and the Speaker of the House of Representatives

17  concerning activities of the office division and recommending

18  improvements in the election code.

19         (11)  Conduct preliminary investigations into any

20  irregularities or fraud involving voter registration or voting

21  and report its findings to the state attorney for the judicial

22  circuit in which the alleged violation occurred for

23  prosecution, where warranted. The Department of State may

24  prescribe by rule requirements for filing a complaint of voter

25  fraud and for investigating any such complaint.

26         (12)  Conduct random audits with respect to reports and

27  statements filed under this chapter and with respect to

28  alleged failure to file any reports and statements required

29  under this chapter.

30         Section 46.  Section 106.23, Florida Statutes, is

31  amended to read:

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 1         106.23  Powers of the Division of Elections Office.--

 2         (1)  In order to carry out the responsibilities

 3  prescribed by s. 106.22, the Division of Elections Office is

 4  empowered to subpoena and bring before its duly authorized

 5  representatives any person in the state, or any person doing

 6  business in the state, or any person who has filed or is

 7  required to have filed any application, document, papers, or

 8  other information with an office or agency of this state or a

 9  political subdivision thereof and to require the production of

10  any papers, books, or other records relevant to any

11  investigation, including the records and accounts of any bank

12  or trust company doing business in this state.  Duly

13  authorized representatives of the office division are

14  empowered to administer all oaths and affirmations in the

15  manner prescribed by law to witnesses who shall appear before

16  them concerning any relevant matter.  Should any witness fail

17  to respond to the lawful subpoena of the office division or,

18  having responded, fail to answer all lawful inquiries or to

19  turn over evidence that has been subpoenaed, the office

20  division may file a complaint before any circuit court of the

21  state setting up such failure on the part of the witness.  On

22  the filing of such complaint, the court shall take

23  jurisdiction of the witness and the subject matter of said

24  complaint and shall direct the witness to respond to all

25  lawful questions and to produce all documentary evidence in

26  the witness's possession which is lawfully demanded. The

27  failure of any witness to comply with such order of the court

28  shall constitute a direct and criminal contempt of court, and

29  the court shall punish said witness accordingly.  However, the

30  refusal by a witness to answer inquiries or turn over evidence

31  on the basis that such testimony or material will tend to

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 1  incriminate such witness shall not be deemed refusal to comply

 2  with the provisions of this chapter.

 3         (2)  The office Division of Elections shall provide

 4  advisory opinions when requested by any supervisor of

 5  elections, candidate, local officer having election-related

 6  duties, political party, political committee, committee of

 7  continuous existence, or other person or organization engaged

 8  in political activity, relating to any provisions or possible

 9  violations of Florida election laws with respect to actions

10  such supervisor, candidate, local officer having

11  election-related duties, political party, committee, person,

12  or organization has taken or proposes to take. Requests for

13  advisory opinions must be submitted in accordance with rules

14  adopted by the Department of State. A written record of all

15  such opinions issued by the office division, sequentially

16  numbered, dated, and indexed by subject matter, shall be

17  retained.  A copy shall be sent to said person or organization

18  upon request. Any such person or organization, acting in good

19  faith upon such an advisory opinion, shall not be subject to

20  any criminal penalty provided for in this chapter.  The

21  opinion, until amended or revoked, shall be binding on any

22  person or organization who sought the opinion or with

23  reference to whom the opinion was sought, unless material

24  facts were omitted or misstated in the request for the

25  advisory opinion.

26         Section 47.  Subsection (6) of section 106.24, Florida

27  Statutes, is amended to read:

28         106.24  Florida Elections Commission; membership;

29  powers; duties.--

30         (6)  There is hereby established in the State Treasury

31  an Elections Commission Trust Fund to be used utilized by the

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 1  office Division of Elections and the Florida Elections

 2  Commission in order to carry out their duties pursuant to ss.

 3  106.24-106.28.  The trust fund may also be used by the office

 4  division, pursuant to its authority under s. 106.22(11), to

 5  provide rewards for information leading to criminal

 6  convictions related to voter registration fraud, voter fraud,

 7  and vote scams.

 8         Section 48.  Subsections (2) and (4) of section 106.25,

 9  Florida Statutes, are amended to read:

10         106.25  Reports of alleged violations to Florida

11  Elections Commission; disposition of findings.--

12         (2)  The commission shall investigate all violations of

13  this chapter and chapter 104, but only after having received

14  either a sworn complaint or information reported to it by the

15  office Division of Elections. Any person, other than the

16  office division, having information of any violation of this

17  chapter or chapter 104 shall file a sworn complaint with the

18  commission.  Such sworn complaint shall state whether a

19  complaint of the same violation has been made to any state

20  attorney. Within 5 days after receipt of a sworn complaint,

21  the commission shall transmit a copy of the complaint to the

22  alleged violator. All sworn complaints alleging violations of

23  the Florida Election Code over which the commission has

24  jurisdiction shall be filed with the commission within 2 years

25  of the alleged violations.  The period of limitations is

26  tolled on the day a sworn complaint is filed with the

27  commission.

28         (4)  The commission shall undertake a preliminary

29  investigation to determine if the facts alleged in a sworn

30  complaint or a matter initiated by the office division

31  constitute probable cause to believe that a violation has

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 1  occurred.  Upon completion of the preliminary investigation,

 2  the commission shall, by written report, find probable cause

 3  or no probable cause to believe that this chapter or chapter

 4  104 has been violated.

 5         (a)  If no probable cause is found, the commission

 6  shall dismiss the case and the case shall become a matter of

 7  public record, except as otherwise provided in this section,

 8  together with a written statement of the findings of the

 9  preliminary investigation and a summary of the facts which the

10  commission shall send to the complainant and the alleged

11  violator.

12         (b)  If probable cause is found, the commission shall

13  so notify the complainant and the alleged violator in writing.

14  All documents made or received in the disposition of the

15  complaint shall become public records upon a finding by the

16  commission.

17  

18  In a case where probable cause is found, the commission shall

19  make a preliminary determination to consider the matter or to

20  refer the matter to the state attorney for the judicial

21  circuit in which the alleged violation occurred.

22         Section 49.  Subsections (1) and (13) of section

23  106.26, Florida Statutes, are amended to read:

24         106.26  Powers of commission; rights and

25  responsibilities of parties; findings by commission.--

26         (1)  The commission shall, pursuant to rules adopted

27  and published in accordance with chapter 120, consider all

28  sworn complaints filed with it and all matters reported to it

29  by the office Division of Elections.  In order to carry out

30  the responsibilities prescribed by this chapter, the

31  commission is empowered to subpoena and bring before it, or

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 1  its duly authorized representatives, any person in the state,

 2  or any person doing business in the state, or any person who

 3  has filed or is required to have filed any application,

 4  document, papers, or other information with an office or

 5  agency of this state or a political subdivision thereof and to

 6  require the production of any papers, books, or other records

 7  relevant to any investigation, including the records and

 8  accounts of any bank or trust company doing business in this

 9  state.  Duly authorized representatives of the commission are

10  empowered to administer all oaths and affirmations in the

11  manner prescribed by law to witnesses who shall appear before

12  them concerning any relevant matter. Should any witness fail

13  to respond to the lawful subpoena of the commission or, having

14  responded, fail to answer all lawful inquiries or to turn over

15  evidence that has been subpoenaed, the commission may file a

16  complaint before any circuit court of the state setting up

17  such failure on the part of the witness.  On the filing of

18  such complaint, the court shall take jurisdiction of the

19  witness and the subject matter of said complaint and shall

20  direct the witness to respond to all lawful questions and to

21  produce all documentary evidence in the witness's possession

22  which is lawfully demanded.  The failure of any witness to

23  comply with such order of the court shall constitute a direct

24  and criminal contempt of court, and the court shall punish

25  said witness accordingly.  However, the refusal by a witness

26  to answer inquiries or turn over evidence on the basis that

27  such testimony or material will tend to incriminate such

28  witness shall not be deemed refusal to comply with the

29  provisions of this chapter. The sheriffs in the several

30  counties shall make such service and execute all process or

31  orders when required by the commission.  Sheriffs shall be

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 1  paid for these services by the commission as provided for in

 2  s. 30.231. Any person who is served with a subpoena to attend

 3  a hearing of the commission also shall be served with a

 4  general statement informing him or her of the subject matter

 5  of the commission's investigation or inquiry and a notice that

 6  he or she may be accompanied at the hearing by counsel of his

 7  or her own choosing.

 8         (13)  The commission may not issue advisory opinions

 9  and must, in all its deliberations and decisions, adhere to

10  statutory law and advisory opinions of the office division.

11         Section 50.  Subsection (1) of section 106.29, Florida

12  Statutes, is amended to read:

13         106.29  Reports by political parties; restrictions on

14  contributions and expenditures; penalties.--

15         (1)  The state executive committee and each county

16  executive committee of each political party regulated by

17  chapter 103 shall file regular reports of all contributions

18  received and all expenditures made by such committee.  Such

19  reports shall contain the same information as do reports

20  required of candidates by s. 106.07 and shall be filed on the

21  10th day following the end of each calendar quarter, except

22  that, during the period from the last day for candidate

23  qualifying until the general election, such reports shall be

24  filed on the Friday immediately preceding the first primary

25  election, the second primary election, and the general

26  election.  Each state executive committee shall file the

27  original and one copy of its reports with the office Division

28  of Elections.  Each county executive committee shall file its

29  reports with the supervisor of elections in the county in

30  which such committee exists.  Any state or county executive

31  committee failing to file a report on the designated due date

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 1  shall be subject to a fine as provided in subsection (3).  No

 2  separate fine shall be assessed for failure to file a copy of

 3  any report required by this section.

 4         Section 51.  Section 106.33, Florida Statutes, is

 5  amended to read:

 6         106.33  Election campaign financing; eligibility.--Each

 7  candidate for the office of Governor or member of the Cabinet

 8  who desires to receive contributions from the Election

 9  Campaign Financing Trust Fund shall, upon qualifying for

10  office, file a request for such contributions with the filing

11  officer on forms provided by the office Division of Elections.

12  If a candidate requesting contributions from the fund desires

13  to have such funds distributed by electronic fund transfers,

14  the request shall include information necessary to implement

15  that procedure. For the purposes of ss. 106.30-106.36,

16  candidates for Governor and Lieutenant Governor on the same

17  ticket shall be considered as a single candidate.  To be

18  eligible to receive contributions from the fund, a candidate

19  may not be an unopposed candidate as defined in s. 106.011(15)

20  and must:

21         (1)  Agree to abide by the expenditure limits provided

22  in s. 106.34.

23         (2)(a)  Raise contributions as follows:

24         1.  One hundred fifty thousand dollars for a candidate

25  for Governor.

26         2.  One hundred thousand dollars for a candidate for

27  Cabinet office.

28         (b)  Contributions from individuals who at the time of

29  contributing are not state residents may not be used to meet

30  the threshold amounts in paragraph (a). For purposes of this

31  

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 1  paragraph, any person validly registered to vote in this state

 2  shall be considered a state resident.

 3         (3)  Limit loans or contributions from the candidate's

 4  personal funds to $25,000 and contributions from national,

 5  state, and county executive committees of a political party to

 6  $25,000 in the aggregate, which loans or contributions shall

 7  not qualify for meeting the threshold amounts in subsection

 8  (2).

 9         (4)  Submit to a postelection audit of the campaign

10  account by the office division.

11         Section 52.  Subsections (1), (3), and (5) of section

12  106.35, Florida Statutes, are amended to read:

13         106.35  Distribution of funds.--

14         (1)  The office division shall review each request for

15  contributions from the Election Campaign Financing Trust Fund

16  and certify whether the candidate is eligible for such

17  contributions. Notice of the certification decision shall be

18  provided to the candidate.  An adverse decision may be

19  appealed to the Florida Elections Commission.  The office

20  division shall adopt rules providing a procedure for such

21  appeals.

22         (3)(a)  Certification and distribution of funds shall

23  be based on contributions to the candidate reported to the

24  office division for such purpose.  The office division shall

25  review each report and verify the amount of funds to be

26  distributed prior to authorizing the release of funds.  The

27  office division may prescribe separate reporting forms for

28  candidates for Governor and Cabinet officer.

29         (b)  Notwithstanding the provisions of s. 106.11, a

30  candidate who is eligible for a distribution of funds based

31  upon qualifying matching contributions received and certified

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 1  to the office division on the report due on the 4th day prior

 2  to the election, may obligate funds not to exceed the amount

 3  which the campaign treasurer's report shows the candidate is

 4  eligible to receive from the Election Campaign Financing Trust

 5  Fund without the funds actually being on deposit in the

 6  campaign account.

 7         (5)  The office division shall adopt rules providing

 8  for the weekly reports and certification and distribution of

 9  funds pursuant thereto required by this section. Such rules

10  shall, at a minimum, provide for:

11         (a)  Specifications for printed campaign treasurer's

12  reports outlining the format for such reports, including size

13  of paper, typeface, color of print, and placement of required

14  information on the form.

15         (b)1.  Specifications for electronically transmitted

16  campaign treasurer's reports outlining communication

17  parameters and protocol, data record formats, and provisions

18  for ensuring security of data and transmission.

19         2.  All electronically transmitted campaign treasurer's

20  reports must also be filed in printed format.  Printed format

21  shall not include campaign treasurer's reports submitted by

22  electronic facsimile transmission.

23         Section 53.  Subsection (4) of section 119.01, Florida

24  Statutes, is amended to read:

25         119.01  General state policy on public records.--

26         (4)  Each agency shall establish a program for the

27  disposal of records that do not have sufficient legal, fiscal,

28  administrative, or archival value in accordance with retention

29  schedules established by the records and information

30  management program of the Office of State Library, Archives,

31  

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 1  and Records Division of Library and Information Services of

 2  the Department of State.

 3         Section 54.  Subsection (1) of section 119.041, Florida

 4  Statutes, is amended to read:

 5         119.041  Destruction of records regulated.--

 6         (1)  Every public official shall systematically dispose

 7  of records no longer needed, subject to the consent of the

 8  records and information management program of the Office of

 9  State Library, Archives, and Records Division of Library and

10  Information Services of the Department of State in accordance

11  with s. 257.36.

12         Section 55.  Section 119.05, Florida Statutes, is

13  amended to read:

14         119.05  Disposition of records at end of official's

15  term.--Whoever has the custody of any public records shall, at

16  the expiration of his or her term of office, deliver to his or

17  her successor or, if there be none, to the records and

18  information management program of the Office of State Library,

19  Archives, and Records Division of Library and Information

20  Services of the Department of State all records, books,

21  writings, letters, and documents kept or received by him or

22  her in the transaction of official business.

23         Section 56.  Section 119.09, Florida Statutes, is

24  amended to read:

25         119.09  Assistance of the Division of Library and

26  Information Services, records and information management

27  program, of the Department of State.--The Office of State

28  Library, Archives, and Records Division of Library and

29  Information Services, records and information management

30  program, of the Department of State shall have the right to

31  examine into the condition of public records and shall give

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 1  advice and assistance to public officials in the solution of

 2  their problems of preserving, creating, filing, and making

 3  available the public records in their custody.  Public

 4  officials shall assist the office division by preparing an

 5  inclusive inventory of categories of public records in their

 6  custody.  The office division shall establish a time period

 7  for the retention or disposal of each series of records.  Upon

 8  the completion of the inventory and schedule, the office

 9  division shall (subject to the availability of necessary

10  space, staff, and other facilities for such purposes) make

11  space available in its records center for the filing of

12  semicurrent records so scheduled and in its archives for

13  noncurrent records of permanent value and shall render such

14  other assistance as needed, including the microfilming of

15  records so scheduled.

16         Section 57.  Paragraph (a) of subsection (4) of section

17  120.55, Florida Statutes, is amended to read:

18         120.55  Publication.--

19         (4)(a)  Each year the Department of State shall furnish

20  the Florida Administrative Weekly, without charge and upon

21  request, as follows:

22         1.  One subscription to each federal and state court

23  having jurisdiction over the residents of the state; the

24  Legislative Library; each state university library; the State

25  Library and Archives of Florida; each depository library

26  designated pursuant to s. 257.05; and each standing committee

27  of the Senate and House of Representatives and each state

28  legislator.

29         2.  Two subscriptions to each state department.

30         3.  Three subscriptions to the library of the Supreme

31  Court of Florida, the library of each state district court of

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 1  appeal, the division, the library of the Attorney General,

 2  each law school library in Florida, the Secretary of the

 3  Senate, and the Clerk of the House of Representatives.

 4         4.  Ten subscriptions to the committee.

 5         Section 58.  Paragraph (a) of subsection (6) of section

 6  193.505, Florida Statutes, is amended to read:

 7         193.505  Assessment of historically significant

 8  property when development rights have been conveyed or

 9  historic preservation restrictions have been covenanted.--

10         (6)(a)  Improved real property shall be qualified as

11  historically significant only if:

12         1.  The property is listed on the national register of

13  historic places pursuant to the National Historic Preservation

14  Act of 1966, as amended, 16 U.S.C. s. 470; or is within a

15  certified locally ordinanced district pursuant to s.

16  48(g)(3)(B)(ii), Internal Revenue Code; or has been found to

17  be historically significant in accordance with the intent of

18  and for purposes of this section by the Department of State

19  Division of Historical Resources existing under chapter 267,

20  or any successor agency, or by the historic preservation board

21  existing under chapter 266, if any, in the jurisdiction of

22  which the property lies; and

23         2.  The owner of the property has applied to such

24  department division or board for qualification pursuant to

25  this section.

26         Section 59.  Subsection (6), paragraphs (c) and (d) of

27  subsection (8), subsection (11), and paragraph (b) of

28  subsection (12) of section 196.1997, Florida Statutes, are

29  amended to read:

30         196.1997  Ad valorem tax exemptions for historic

31  properties.--

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 1         (6)  The ordinance shall designate either a local

 2  historic preservation office or the Division of Historical

 3  Resources of the Department of State to review applications

 4  for exemptions.  The local historic preservation office or the

 5  Department of State division, whichever is applicable, must

 6  recommend that the board of county commissioners or the

 7  governing authority of the municipality grant or deny the

 8  exemption.  Such reviews must be conducted in accordance with

 9  rules adopted by the Department of State.  The recommendation,

10  and the reasons therefor, must be provided to the applicant

11  and to the governing entity before consideration of the

12  application at an official meeting of the governing entity.

13  For the purposes of this section, local historic preservation

14  offices must be approved and certified by the Department of

15  State.

16         (8)  Any person, firm, or corporation that desires an

17  ad valorem tax exemption for the improvement of a historic

18  property must, in the year the exemption is desired to take

19  effect, file with the board of county commissioners or the

20  governing authority of the municipality a written application

21  on a form prescribed by the Department of State.  The

22  application must include the following information:

23         (c)  Proof, to the satisfaction of the designated local

24  historic preservation office or the Department of State

25  Division of Historical Resources, whichever is applicable,

26  that the property that is to be rehabilitated or renovated is

27  a historic property under this section.

28         (d)  Proof, to the satisfaction of the designated local

29  historic preservation office or the Department of State

30  Division of Historical Resources, whichever is applicable,

31  that the improvements to the property will be consistent with

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 1  the United States Secretary of Interior's Standards for

 2  Rehabilitation and will be made in accordance with guidelines

 3  developed by the Department of State.

 4         (11)  Property is qualified for an exemption under this

 5  section if:

 6         (a)  At the time the exemption is granted, the

 7  property:

 8         1.  Is individually listed in the National Register of

 9  Historic Places pursuant to the National Historic Preservation

10  Act of 1966, as amended; or

11         2.  Is a contributing property to a

12  national-register-listed district; or

13         3.  Is designated as a historic property, or as a

14  contributing property to a historic district, under the terms

15  of a local preservation ordinance; and

16         (b)  The local historic preservation office or the

17  Department of State Division of Historical Resources,

18  whichever is applicable, has certified to the local governing

19  authority that the property for which an exemption is

20  requested satisfies paragraph (a).

21         (12)  In order for an improvement to a historic

22  property to qualify the property for an exemption, the

23  improvement must:

24         (b)  Be determined by the Department of State Division

25  of Historical Resources or the local historic preservation

26  office, whichever is applicable, to meet criteria established

27  in rules adopted by the Department of State.

28         Section 60.  Subsection (2) of section 196.1998,

29  Florida Statutes, is amended to read:

30         196.1998  Additional ad valorem tax exemptions for

31  historic properties open to the public.--

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 1         (2)  In addition to meeting the criteria established in

 2  rules adopted by the Department of State under s. 196.1997, a

 3  historic property is qualified for an exemption under this

 4  section if the Department of State Division of Historical

 5  Resources, or the local historic preservation office,

 6  whichever is applicable, determines that the property meets

 7  the criteria established in rules adopted by the Department of

 8  State under this section.

 9         Section 61.  Paragraph (q) of subsection (4) of section

10  215.20, Florida Statutes, is amended to read:

11         215.20  Certain income and certain trust funds to

12  contribute to the General Revenue Fund.--

13         (4)  The income of a revenue nature deposited in the

14  following described trust funds, by whatever name designated,

15  is that from which the appropriations authorized by subsection

16  (3) shall be made:

17         (q)  Within the Department of State:

18         1.  The Records Management Trust Fund.

19         2.  The trust funds administered by the department

20  which relate to Division of historical resources.

21  

22  The enumeration of the foregoing moneys or trust funds shall

23  not prohibit the applicability thereto of s. 215.24 should the

24  Governor determine that for the reasons mentioned in s. 215.24

25  the money or trust funds should be exempt herefrom, as it is

26  the purpose of this law to exempt income from its force and

27  effect when, by the operation of this law, federal matching

28  funds or contributions or private grants to any trust fund

29  would be lost to the state.

30         Section 62.  Paragraph (e) of subsection (7) of section

31  253.025, Florida Statutes, is amended to read:

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 1         253.025  Acquisition of state lands for purposes other

 2  than preservation, conservation, and recreation.--

 3         (7)

 4         (e)1.  The board of trustees shall adopt by rule the

 5  method for determining the value of parcels sought to be

 6  acquired by state agencies pursuant to this section. No offer

 7  by a state agency, except an offer by an agency acquiring

 8  lands pursuant to s. 259.041, may exceed the value for that

 9  parcel as determined pursuant to the highest approved

10  appraisal or the value determined pursuant to the rules of the

11  board of trustees, whichever value is less.

12         2.  In the case of a joint acquisition by a state

13  agency and a local government or other entity apart from the

14  state, the joint purchase price may not exceed 150 percent of

15  the value for a parcel as determined in accordance with the

16  limits prescribed in subparagraph 1. The state agency share of

17  a joint purchase offer may not exceed what the agency may

18  offer singly as prescribed by subparagraph 1.

19         3.  The provisions of this paragraph do not apply to

20  the acquisition of historically unique or significant property

21  as determined by the Division of Historical Resources of the

22  Department of State.

23         Section 63.  Subsection (6) of section 253.027, Florida

24  Statutes, is amended to read:

25         253.027  Emergency archaeological property

26  acquisition.--

27         (6)  INITIATION OF PURCHASE.--The Board of Trustees of

28  the Internal Improvement Trust Fund shall consider the

29  purchase of lands pursuant to this section upon its own motion

30  or upon a written request by any person, corporation,

31  

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 1  organization, or agency.  The request shall contain the

 2  following information:

 3         (a)  The name, address, and phone number of the person

 4  making the request.

 5         (b)  A legal description of the property, or if one is

 6  not readily available, a physical description sufficient to

 7  identify its general location.

 8         (c)  The name and address of the owner if it is

 9  different from the requester.

10         (d)  An indication of the owner's willingness to sell.

11         (e)  A statement showing why the property is in

12  imminent danger of being destroyed or substantially altered

13  and why state acquisition is necessary.

14         (f)  A statement showing why the property is

15  archaeological property of major statewide significance that

16  meets the criteria for purchase within the requirements of

17  this section.

18         (g)  If archaeological resources are sought to be

19  protected from the result of imminent construction activities,

20  a list of the local, state, or federal laws that might

21  otherwise be available to protect the resource, and a short

22  statement of the reason the laws are not available to protect

23  the resource.

24  

25  The written request shall be filed with the Division of State

26  Lands and the Department of State Division of Historical

27  Resources.  If the director of the either division or the

28  director's designee or the Secretary of State or the

29  secretary's designee finds that the request substantially

30  complies with the requirements of this section, it shall be

31  placed on the next Board of Trustees of the Internal

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 1  Improvement Trust Fund agenda following receipt without the

 2  need for notice; provided, however, that each Cabinet officer

 3  shall have received copies of the request at least 24 hours

 4  before the meeting. Should the Board of Trustees of the

 5  Internal Improvement Trust Fund agree to consider the request,

 6  it shall approve a plan for future actions that may lead to

 7  acquisition of the property as soon as possible thereafter.

 8         Section 64.  Section 257.01, Florida Statutes, is

 9  amended to read:

10         257.01  State Library and Archives of Florida;

11  creation; administration.--There is created and established

12  the State Library and Archives of Florida which shall be

13  located at the capital.  The State Library and Archives of

14  Florida shall be administered by the Office of State Library,

15  Archives, and Records Division of Library and Information

16  Services of the Department of State.

17         Section 65.  Section 257.02, Florida Statutes, is

18  amended to read:

19         257.02  State Library Council.--

20         (1)  There shall be a State Library Council to advise

21  and assist the Office of State Library, Archives, and Records

22  Division of Library and Information Services on its programs

23  and activities.  The council shall consist of nine seven

24  members who shall be appointed by the Secretary of State.  At

25  least one member of the council must represent a Florida

26  library, an archive, and a records management professional

27  association be a person who is 60 years of age or older; and

28  at least one member of the council must be a person who is

29  not, and has never been, employed in a library or in teaching

30  library science courses. Members shall be appointed for 4-year

31  terms. A vacancy on the council shall be filled for the period

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 1  of the unexpired term. No person may be appointed to serve

 2  more than two consecutive terms as a member of the council.

 3  The Secretary of State may remove from office any council

 4  member for malfeasance, misfeasance, neglect of duty,

 5  incompetence, permanent inability to perform official duties,

 6  or pleading guilty or nolo contendere to, or being found

 7  guilty of, a felony. In addition to, and at the request of,

 8  the members of the council appointed by the Secretary of

 9  State, the president-elect of the Florida Library Association

10  may serve as a member of the council in a nonvoting capacity

11  during his or her term as president-elect.

12         (2)  Members of the council shall serve without

13  compensation or honorarium but shall be entitled to receive

14  reimbursement for per diem and travel expenses as provided in

15  s. 112.061.  The council shall meet at the call of its chair,

16  at the request of a majority of its membership, at the request

17  of the Secretary of State division, or at such times as are

18  may be prescribed by its rules.

19         (3)  The Secretary of State may, in making

20  appointments, consult Florida's library, archival, or records

21  management community the Florida Library Association and

22  related organizations for suggestions as to persons having

23  special knowledge and interest concerning libraries.

24         (4)  The officers of the State Library Council shall be

25  a chair, elected from the members thereof, and the State

26  Librarian, who shall serve without voting rights as secretary

27  of the council.

28         Section 66.  Section 257.031, Florida Statutes, is

29  amended to read:

30         257.031  State Librarian Organization of council;

31  appointment and duties of State Librarian.--

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 1         (1)  The officers of the State Library Council shall be

 2  a chair, elected from the members thereof, and the State

 3  Librarian, who shall serve without voting rights as secretary

 4  of the council.  The State Librarian shall be appointed by the

 5  Secretary of State, shall have completed a library school

 6  program accredited by the American Library Association, and

 7  shall serve as the head director of the Office of State

 8  Library, Archives, and Records Division of Library and

 9  Information Services of the Department of State.  The

10  Secretary of State may, in making the appointment of State

11  Librarian, consult the members of the State Library Council.

12         (2)  The State Librarian shall:

13         (a)  Keep a record of the proceedings of the State

14  Library Council;

15         (b)  In coordination with established advisory bodies

16  of the department, recommend to the Secretary of State

17  approval of the award of library grants under ss.

18  257.14-257.25 and ss. 257.40-257.42 Keep an accurate account

19  of the financial transactions of the division;

20         (c)  Have charge of the work of the Office of State

21  Library, Archives, and Records Services division in organizing

22  new libraries and improving those already established; and

23         (d)  In general, perform such duties as may, from time

24  to time, be assigned to him or her by the Secretary of State;

25  and.

26         (e)  Manage operations of the library-development,

27  archives, information, and records management programs.

28         Section 67.  Section 257.04, Florida Statutes, is

29  amended to read:

30         257.04  Publications, pictures, and other documents

31  received to constitute part of State Library and Archives of

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 1  Florida; powers and duties of Department of State Division of

 2  Library and Information Services.--

 3         (1)  All books, pictures, documents, publications, and

 4  manuscripts received through gifts, purchase, or exchange, or

 5  on deposit from any source for the use of the state, shall

 6  constitute a part of the State Library and Archives of Florida

 7  and shall be placed therein for the use of the public under

 8  the control of the Division of Library and Information

 9  Services of the Department of State.  The department division

10  may receive gifts of money, books, or other property which may

11  be used or held for the purpose or purposes given; and it may

12  purchase books, periodicals, furniture, and equipment as it

13  deems necessary to promote the efficient operation of the

14  service it is expected to render the public.

15         (2)  The department division may, upon request, give

16  aid and assistance, financial, advisory, or otherwise, to all

17  school, state institutional, academic, free, and public

18  libraries, and to all communities in the state which may

19  propose to establish libraries, as to the best means of

20  establishing and administering libraries, selecting and

21  cataloging books, and other facets of library management.

22         (3)  The department division shall maintain a library

23  for state officials and employees, especially of informational

24  material pertaining to the phases of their work, and provide

25  for them material for general reading and study.

26         (4)  The department division shall maintain and provide

27  research and information services for all state agencies.

28         (5)  The department division shall make all necessary

29  arrangements to provide library services to the blind and

30  physically handicapped persons of the state.

31  

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 1         (6)  The department division may issue printed

 2  material, such as lists and circulars of information, and in

 3  the publication thereof may cooperate with state library

 4  commissions and libraries of other states in order to secure

 5  the more economical administration of the work for which it is

 6  formed.  It may conduct courses of library instruction and

 7  hold librarians' institutes in various parts of the state.

 8         (7)  The department division shall perform such other

 9  services and engage in any other activity, not contrary to

10  law, that it may think appropriate in the development of

11  library service to state government, to the libraries and

12  library profession of the state, and to the citizens of the

13  state.

14         Section 68.  Section 257.05, Florida Statutes, is

15  amended to read:

16         257.05  Public documents; delivery to, and distribution

17  by, Office of State Library, Archives, and Records Services

18  division.--

19         (1)  The term "public document" as used in this section

20  means any document, report, directory, bibliography, rule,

21  newsletter, pamphlet, brochure, periodical, or other

22  publication, whether in print or nonprint format, that is paid

23  for in whole or in part by funds appropriated by the

24  Legislature and may be subject to distribution to the public;

25  however, the term excludes publications for internal use by an

26  executive agency as defined in s. 283.30.

27         (2)(a)  Each state official, state department, state

28  board, state court, or state agency issuing public documents

29  shall furnish the Division of Library and Information Services

30  of the Department of State 35 copies of each of those public

31  documents, as issued, for deposit in and distribution by the

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 1  department division. However, if the department division so

 2  requests, as many as 15 additional copies of each public

 3  document shall be supplied to it.

 4         (b)  If any state official, state department, state

 5  board, state court, or state agency has fewer than 40 copies

 6  of any public document, it shall supply the department

 7  division with 2 copies of each such public document for

 8  deposit in the State Library and Archives of Florida.

 9         (c)  As issued, daily journals and bound journals of

10  each house of the Legislature; slip laws and bound session

11  laws, both general and special; and Florida Statutes and

12  supplements thereto shall be furnished to the department

13  division by the state official, department, or agency having

14  charge of their distribution.  The number of copies furnished

15  shall be determined by requests of the department division,

16  which number in no case may exceed 35 copies of the particular

17  publication.

18         (3)  It is the duty of the department division to:

19         (a)  Designate university, college, and public

20  libraries as depositories for public documents and to

21  designate certain of these depositories as regional centers

22  for full collections of public documents.

23         (b)  Provide a system of distribution of the copies

24  furnished to it under subsection (2) to such depositories.

25         (c)  Publish a periodic bibliography of the

26  publications of the state.

27  

28  The department division may exchange copies of public

29  documents for those of other states, territories, and

30  countries.  Depositories receiving public documents under this

31  

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 1  section shall keep them in a convenient form accessible to the

 2  public.

 3         Section 69.  Section 257.12, Florida Statutes, is

 4  amended to read:

 5         257.12  Department of State Division of Library and

 6  Information Services authorized to accept and expend federal

 7  funds.--

 8         (1)  The Office of State Library, Archives, and Records

 9  Division of Library and Information Services of the Department

10  of State is designated as the state library administrative

11  agency authorized to accept, receive, administer, and expend

12  any moneys, materials, or any other aid granted, appropriated,

13  or made available by the United States or any of its agencies

14  for the purpose of giving aid to libraries and providing

15  educational library service in the state.

16         (2)  The department division is authorized to file any

17  accounts required by federal law or regulation with reference

18  to receiving and administering all such moneys, materials, and

19  other aid for said purposes; provided, however, that the

20  acceptance of such moneys, materials, and other aid shall not

21  deprive the state from complete control and supervision of its

22  library.

23         Section 70.  Section 257.14, Florida Statutes, is

24  amended to read:

25         257.14  Department of State Division of Library and

26  Information Services; rules.--The Department of State Division

27  of Library and Information Services has authority to adopt

28  rules pursuant to ss. 120.536(1) and 120.54 to implement the

29  provisions of this chapter.

30         Section 71.  Section 257.15, Florida Statutes, is

31  amended to read:

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 1         257.15  Department of State Division of Library and

 2  Information Services; standards.--The Department of State

 3  Division of Library and Information Services shall establish

 4  reasonable and pertinent operating standards under which

 5  libraries will be eligible to receive state moneys.

 6         Section 72.  Section 257.16, Florida Statutes, is

 7  amended to read:

 8         257.16  Reports.--Any library receiving grants under

 9  ss. 257.14-257.25 shall file with the Department of State

10  Division of Library and Information Services on or before

11  December 1 of each year a financial report on its operations

12  and furnish the department division with such other

13  information as the department requires division may require.

14         Section 73.  Section 257.171, Florida Statutes, is

15  amended to read:

16         257.171  Multicounty libraries.--Units of local

17  government, as defined in s. 165.031(1), may establish a

18  multicounty library.  The Department of State Division of

19  Library and Information Services may establish operating

20  standards and rules under which a multicounty library is

21  eligible to receive state moneys.  For a multicounty library,

22  a local government may pay moneys in advance in lump sum from

23  its public funds for the provision of library services only.

24         Section 74.  Subsections (1) and (2) of section

25  257.172, Florida Statutes, is amended to read:

26         257.172  Multicounty library grants.--

27         (1)  The administrative unit of a multicounty library

28  that serves a population of 50,000 or more, or has three or

29  more counties, is eligible for an annual grant from the state.

30  The grant funds are to be used for the support and extension

31  of library service in participating counties. The grant must

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 1  be computed by the department division on a state matching

 2  basis up to $1 million in local expenditures by all

 3  participating counties for operation and maintenance of a

 4  library during the second preceding year. The administrative

 5  unit of a multicounty library with:

 6         (a)  Two participating counties is eligible for a grant

 7  equal to 5 cents on each local dollar of expenditure.

 8         (b)  Three participating counties is eligible for a

 9  grant equal to 10 cents on each local dollar of expenditure.

10         (c)  Four participating counties is eligible for a

11  grant equal to 15 cents on each local dollar of expenditure.

12         (d)  Five participating counties is eligible for a

13  grant equal to 20 cents on each local dollar of expenditure.

14         (e)  Six or more participating counties is eligible for

15  a grant equal to 25 cents on each local dollar of expenditure.

16         (2)  In addition, the administrative unit of a

17  multicounty library with three or more participating counties

18  is eligible to receive a base grant of a minimum of $250,000

19  to support multicounty library service. That amount may be

20  adjusted by the department division based on the percentage

21  change in the state and local government price deflator for

22  purchases of goods and services, all items, 1983 equals 100,

23  or successor reports for the preceding calendar year as

24  initially reported by the Bureau of Economic Analysis of the

25  United States Department of Commerce, as certified by the

26  Florida Consensus Estimating Conference.

27         Section 75.  Subsection (3) of section 257.18, Florida

28  Statutes, is amended to read:

29         257.18  Equalization grants.--

30         (3)  The Department of State Division of Library and

31  Information Services shall calculate equalization grants based

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 1  on the amount of local funds expended for library service the

 2  second preceding year as certified by the appropriate county

 3  officials and information on the level of assessment of

 4  property in each county and the taxable value of property in

 5  each county as reported by the state agency authorized by law,

 6  which shall certify the results of such determination to the

 7  department division.

 8         Section 76.  Section 257.191, Florida Statutes, is

 9  amended to read:

10         257.191  Construction grants.--The Department of State

11  Division of Library and Information Services may accept and

12  administer library construction moneys appropriated to it and

13  shall allocate such appropriation to municipal, county, and

14  regional libraries in the form of library construction grants

15  on a matching basis. The local matching portion shall be no

16  less than the grant amount, on a dollar-for-dollar basis, up

17  to the maximum grant amount, unless the matching requirement

18  is waived by s. 288.06561. Initiation of a library

19  construction project 12 months or less prior to the grant

20  award under this section shall not affect the eligibility of

21  an applicant to receive a library construction grant. The

22  department division shall adopt rules for the administration

23  of library construction grants. For the purposes of this

24  section, s. 257.21 does not apply.

25         Section 77.  Section 257.192, Florida Statutes, is

26  amended to read:

27         257.192  Program grants.--The Department of State

28  Division of Library and Information Services is authorized to

29  accept and administer appropriations for library program

30  grants and to make such grants in accordance with the Florida

31  long-range plan program for library services.

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 1         Section 78.  Subsection (4) of section 257.193, Florida

 2  Statutes, is amended to read:

 3         257.193  Community Libraries in Caring Program.--

 4         (4)  Subject to legislative appropriation, the Division

 5  of Library and Information Services within the Department of

 6  State shall administer the program, which shall facilitate the

 7  exchange of ideas and services between libraries in rural

 8  communities and communities in other parts of the state.

 9         Section 79.  Section 257.195, Florida Statutes, is

10  amended to read:

11         257.195  Revenue shortfalls; procedures.--In the event

12  of revenue shortfalls which necessitate budget reductions

13  during any fiscal year, the total appropriation for library

14  grants from state sources shall have the same ratable

15  reduction as that applied to the operating funds of the

16  Department of State Division of Library and Information

17  Services or such reduction shall be at the discretion of the

18  Secretary of State.

19         Section 80.  Section 257.22, Florida Statutes, is

20  amended to read:

21         257.22  Department of State Division of Library and

22  Information Services; allocation of funds.--Any moneys that

23  may be appropriated for use by a county, a municipality, a

24  special district, or a special tax district for the

25  maintenance of a library or library service shall be

26  administered and allocated by the Department of State Division

27  of Library and Information Services in the manner prescribed

28  by law. On or before December 1 of each year, the department

29  division shall certify to the Chief Financial Officer the

30  amount to be paid to each county, municipality, special

31  district, or special tax district, and the Chief Financial

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 1  Officer shall issue warrants to the eligible political

 2  subdivisions.

 3         Section 81.  Section 257.23, Florida Statutes, is

 4  amended to read:

 5         257.23  Application for grant.--The board of county

 6  commissioners of any county, the chief executive officer of a

 7  municipality, or the governing body of a special district or a

 8  special tax district desiring to receive a grant under the

 9  provisions of ss. 257.14-257.25 shall apply therefor to the

10  Department of State Division of Library and Information

11  Services on or before October 1 of each year on a form to be

12  provided by the department division. The application shall be

13  signed by the chair of the board of county commissioners and

14  attested by the clerk of the circuit court or the appropriate

15  officer in a charter county, by the chief executive officer of

16  a municipality and attested by the clerk of the municipality,

17  or by the chair of the governing body and attested by the

18  chief financial officer of a special district or a special tax

19  district. The county, municipality, special district, or

20  special tax district shall agree to observe the standards

21  established by the department division as authorized in s.

22  257.15. On or before December 1 each year, the applicant shall

23  certify the annual tax income and the rate of tax or the

24  annual appropriation for the free library or free library

25  service, and shall furnish such other pertinent information as

26  the department requires division may require.

27         Section 82.  Section 257.24, Florida Statutes, is

28  amended to read:

29         257.24  Use of funds.--State funds allocated to

30  libraries shall be expended only for library purposes in the

31  manner prescribed by the Department of State Division of

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 1  Library and Information Services.  Such funds shall not be

 2  expended for the purchase or construction of a library

 3  building or library quarters, except such funds specifically

 4  appropriated for construction purposes as provided in this

 5  chapter.

 6         Section 83.  Section 257.30, Florida Statutes, is

 7  amended to read:

 8         257.30  State library agency.--As used in the compact,

 9  "state library agency," with reference to this state, means

10  the Florida State Library and Archives of Florida or agency

11  designated by the Secretary of State.

12         Section 84.  Section 257.34, Florida Statutes, is

13  amended to read:

14         257.34  Florida International Archive and Repository.--

15         (1)  There is created within the Office of State

16  Library, Archives, and Records Division of Library and

17  Information Services of the Department of State the Florida

18  International Archive and Repository for the preservation of

19  those public records, as defined in s. 119.011(1),

20  manuscripts, international judgments involving disputes

21  between domestic and foreign businesses, and all other public

22  matters that the department or the Florida Council of

23  International Development deems relevant to international

24  issues. It is the duty and responsibility of the department

25  division to:

26         (a)  Organize and administer the Florida International

27  Archive and Repository.

28         (b)  Preserve and administer records that are

29  transferred to its custody; accept, arrange, and preserve

30  them, according to approved archival and repository practices;

31  and permit them, at reasonable times and under the supervision

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 1  of the department division, to be inspected, examined, and

 2  copied. All public records transferred to the custody of the

 3  department division are subject to the provisions of s.

 4  119.07(1).

 5         (c)  Assist the records and information management

 6  program in the determination of retention values for records.

 7         (d)  Cooperate with and assist, insofar as practicable,

 8  state institutions, departments, agencies, counties,

 9  municipalities, and individuals engaged in internationally

10  related activities.

11         (e)  Provide a public research room where, under rules

12  established by the department division, the materials in the

13  international archive and repository may be studied.

14         (f)  Conduct, promote, and encourage research in

15  international trade, government, and culture and maintain a

16  program of information, assistance, coordination, and guidance

17  for public officials, educational institutions, libraries, the

18  scholarly community, and the general public engaged in such

19  research.

20         (g)  Cooperate with and, insofar as practicable, assist

21  agencies, libraries, institutions, and individuals in projects

22  concerned with internationally related issues and preserve

23  original materials relating to internationally related issues.

24         (h)  Assist and cooperate with the records and

25  information management program in the training and information

26  program described in s. 257.36(1)(g).

27         (2)  Any agency is authorized and empowered to turn

28  over to the department division any record no longer in

29  current official use. The department division may accept such

30  record and provide for its administration and preservation as

31  provided in this section and, upon acceptance, be considered

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 1  the legal custodian of such record. The department division

 2  may direct and effect the transfer to the archives of any

 3  records that are determined by the department division to have

 4  such historical or other value to warrant their continued

 5  preservation or protection, unless the head of the agency that

 6  has custody of the records certifies in writing to the

 7  department division that the records must be retained in the

 8  agency's custody for use in the conduct of the regular current

 9  business of the agency.

10         (3)  Title to any record transferred to the Florida

11  International Archive and Repository, as authorized in this

12  chapter, is vested in the department division.

13         (4)  The department division shall make certified

14  copies under seal of any record transferred to it upon the

15  application of any person, and the certificates shall have the

16  same force and effect as if made by the agency from which the

17  record was received. The department division may charge a fee

18  for this service based upon the cost of service.

19         (5)  The department division may establish and maintain

20  a schedule of fees for services that may include, but need not

21  be limited to, restoration of materials, storage of materials,

22  special research services, and publications.

23         (6)  The department division shall establish and

24  maintain a mechanism by which the information contained within

25  the Florida International Archive and Repository may be

26  accessed by computer via the World Wide Web. In doing so, the

27  department division shall take whatever measures it deems

28  appropriate to ensure the validity, quality, and safety of the

29  information being accessed.

30         (7)  The department division shall adopt rules

31  necessary to implement this section.

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 1         (8)  The Florida Council of International Development

 2  may select materials for inclusion in the Florida

 3  International Archive and Repository and shall be consulted

 4  closely by the department division in all matters relating to

 5  its establishment and maintenance.

 6         Section 85.  Section 257.35, Florida Statutes, is

 7  amended to read:

 8         257.35  Florida State Archives.--

 9         (1)  There is created within the Division of Library

10  and Information Services of the Department of State the

11  Florida State Library and Archives of Florida for the

12  preservation of those public records, as defined in s.

13  119.011(1), manuscripts, and other archival material that have

14  been determined by the department division to have sufficient

15  historical or other value to warrant their continued

16  preservation and have been accepted by the department division

17  for deposit in its custody. It is the duty and responsibility

18  of the department division to:

19         (a)  Organize and administer the Florida State Library

20  and Archives of Florida.

21         (b)  Preserve and administer such records as shall be

22  transferred to its custody; accept, arrange, and preserve

23  them, according to approved archival practices; and permit

24  them, at reasonable times and under the supervision of the

25  department division, to be inspected, examined, and copied.

26  All public records transferred to the custody of the

27  department division shall be subject to the provisions of s.

28  119.07(1), except that any public record or other record

29  provided by law to be confidential or prohibited from

30  inspection by the public shall be made accessible only after a

31  period of 50 years from the date of the creation of the

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 1  record.  Any nonpublic manuscript or other archival material

 2  which is placed in the keeping of the department division

 3  under special terms and conditions, shall be made accessible

 4  only in accordance with such law terms and conditions and

 5  shall be exempt from the provisions of s. 119.07(1) to the

 6  extent necessary to meet the terms and conditions for a

 7  nonpublic manuscript or other archival material.

 8         (c)  Assist the records and information management

 9  program in the determination of retention values for records.

10         (d)  Cooperate with and assist insofar as practicable

11  state institutions, departments, agencies, counties,

12  municipalities, and individuals engaged in activities in the

13  field of state archives, manuscripts, and history and accept

14  from any person any paper, book, record, or similar material

15  which in the judgment of the department division warrants

16  preservation in the state archives.

17         (e)  Provide a public research room where, under rules

18  established by the department division, the materials in the

19  state archives may be studied.

20         (f)  Conduct, promote, and encourage research in

21  Florida history, government, and culture and maintain a

22  program of information, assistance, coordination, and guidance

23  for public officials, educational institutions, libraries, the

24  scholarly community, and the general public engaged in such

25  research.

26         (g)  Cooperate with and, insofar as practicable, assist

27  agencies, libraries, institutions, and individuals in projects

28  designed to preserve original source materials relating to

29  Florida history, government, and culture and prepare and

30  publish handbooks, guides, indexes, and other literature

31  

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 1  directed toward encouraging the preservation and use of the

 2  state's documentary resources.

 3         (h)  Encourage and initiate efforts to preserve,

 4  collect, process, transcribe, index, and research the oral

 5  history of Florida government.

 6         (i)  Assist and cooperate with the records and

 7  information management program in the training and information

 8  program described in s. 257.36(1)(g).

 9         (2)  Any agency is authorized and empowered to turn

10  over to the department division any record no longer in

11  current official use. The department division, in its

12  discretion, is authorized to accept such record and, having

13  done so, shall provide for its administration and preservation

14  as herein provided and, upon acceptance, shall be considered

15  the legal custodian of such record.  The department division

16  is empowered to direct and effect the transfer to the archives

17  of any records that are determined by the department division

18  to have such historical or other value to warrant their

19  continued preservation or protection, unless the head of the

20  agency which has custody of the records certifies in writing

21  to the department division that the records shall be retained

22  in the agency's custody for use in the conduct of the regular

23  current business of the agency.

24         (3)  Title to any record transferred to the Florida

25  State Library and Archives of Florida, as authorized in this

26  chapter, shall be vested in the department division.

27         (4)  The department division shall make certified

28  copies under seal of any record transferred to it upon the

29  application of any person, and said certificates shall have

30  the same force and effect as if made by the agency from which

31  

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 1  the record was received.  The department division may charge a

 2  fee for this service based upon the cost of service.

 3         (5)  The department division may establish and maintain

 4  a schedule of fees for services which shall include, but not

 5  be limited to, restoration of archival materials, storage of

 6  archival materials, special research services, and

 7  publications.

 8         (6)  The department division may establish and maintain

 9  as part of the state archives a Florida State Photographic

10  Collection.  The department division shall:

11         (a)  Acquire, identify, appraise, arrange, index,

12  restore, and preserve photographs, motion pictures, drawings,

13  and other iconographic material considered appropriate for

14  preservation.

15         (b)  Initiate appropriate action to acquire, identify,

16  preserve, recover, and restore photographs, motion pictures,

17  and other iconographic material considered appropriate for

18  preservation.

19         (c)  Provide for an index to the historical

20  photographic holdings of the Florida State Photographic

21  Collection and the State of Florida.

22  

23  Any use or reproduction of material deposited with the Florida

24  State Photographic Collection shall be allowed pursuant to the

25  provisions of paragraph (1)(b) and subsection (4) provided

26  that appropriate credit for its use is given.

27         (7)  The department division shall adopt promulgate

28  such rules as are necessary to implement the provisions of

29  this act.

30         Section 86.  Section 257.36, Florida Statutes, is

31  amended to read:

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 1         257.36  Records and information management.--

 2         (1)  There is created within the Division of Library

 3  and Information Services of the Department of State a records

 4  and information management program.  It is the duty and

 5  responsibility of the department division to:

 6         (a)  Establish and administer a records management

 7  program directed to the application of efficient and

 8  economical management methods relating to the creation,

 9  utilization, maintenance, retention, preservation, and

10  disposal of records.

11         (b)  Establish and operate a records center or centers

12  primarily for the storage, processing, servicing, and security

13  of public records that must be retained for varying periods of

14  time but need not be retained in an agency's office equipment

15  or space.

16         (c)  Analyze, develop, establish, and coordinate

17  standards, procedures, and techniques of recordmaking and

18  recordkeeping.

19         (d)  Ensure the maintenance and security of records

20  which are deemed appropriate for preservation.

21         (e)  Establish safeguards against unauthorized or

22  unlawful removal or loss of records.

23         (f)  Initiate appropriate action to recover records

24  removed unlawfully or without authorization.

25         (g)  Institute and maintain a training and information

26  program in:

27         1.  All phases of records and information management to

28  bring approved and current practices, methods, procedures, and

29  devices for the efficient and economical management of records

30  to the attention of all agencies.

31  

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 1         2.  The requirements relating to access to public

 2  records under chapter 119.

 3         (h)  Provide a centralized program of microfilming for

 4  the benefit of all agencies.

 5         (i)  Make continuous surveys of recordkeeping

 6  operations.

 7         (j)  Recommend improvements in current records

 8  management practices, including the use of space, equipment,

 9  supplies, and personnel in creating, maintaining, and

10  servicing records.

11         (k)  Establish and maintain a program in cooperation

12  with each agency for the selection and preservation of records

13  considered essential to the operation of government and to the

14  protection of the rights and privileges of citizens.

15         (l)  Make, or have made, preservation duplicates, or

16  designate existing copies as preservation duplicates, to be

17  preserved in the place and manner of safekeeping as prescribed

18  by the department division.

19         (2)(a)  All records transferred to the department

20  division may be held by it in a records center or centers, to

21  be designated by it, for such time as in its judgment

22  retention therein is deemed necessary. At such time as it is

23  established by the department division, such records as are

24  determined by it as having historical or other value

25  warranting continued preservation shall be transferred to the

26  Florida State Library and Archives of Florida.

27         (b)  Title to any record detained in any records center

28  shall remain in the agency transferring such record to the

29  department division.

30         (c)  When a record held in a records center is eligible

31  for destruction, the department division shall notify, in

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 1  writing, by certified mail, the agency which transferred the

 2  record.  The agency shall have 90 days from receipt of that

 3  notice to respond requesting continued retention or

 4  authorizing destruction or disposal of the record.  If the

 5  agency does not respond within that time, title to the record

 6  shall pass to the department division.

 7         (3)  The department division may charge fees for

 8  supplies and services, including, but not limited to, shipping

 9  containers, pickup, delivery, reference, and storage.  Fees

10  shall be based upon the actual cost of the supplies and

11  services and shall be deposited in the Records Management

12  Trust Fund.

13         (4)  Any preservation duplicate of any record made

14  pursuant to this chapter shall have the same force and effect

15  for all purposes as the original record.  A transcript,

16  exemplification, or certified copy of such preservation

17  duplicate shall be deemed, for all purposes, to be a

18  transcript, exemplification, or certified copy of the original

19  record.

20         (5)  For the purposes of this section, the term

21  "agency" shall mean any state, county, district, or municipal

22  officer, department, division, bureau, board, commission, or

23  other separate unit of government created or established by

24  law.  It is the duty of each agency to:

25         (a)  Cooperate with the department division in

26  complying with the provisions of this chapter and designate a

27  records management liaison officer.

28         (b)  Establish and maintain an active and continuing

29  program for the economical and efficient management of

30  records.

31  

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 1         (6)  A public record may be destroyed or otherwise

 2  disposed of only in accordance with retention schedules

 3  established by the department division. The department

 4  division shall adopt reasonable rules not inconsistent with

 5  this chapter which shall be binding on all agencies relating

 6  to the destruction and disposition of records.  Such rules

 7  shall provide, but not be limited to:

 8         (a)  Procedures for complying and submitting to the

 9  department division records-retention schedules.

10         (b)  Procedures for the physical destruction or other

11  disposal of records.

12         (c)  Standards for the reproduction of records for

13  security or with a view to the disposal of the original

14  record.

15         Section 87.  Section 257.37, Florida Statutes, is

16  amended to read:

17         257.37  Legislative intent.--In enacting this law, the

18  Legislature is cognizant of the fact that there may be

19  instances where an agency may be microfilming and destroying

20  public records or performing other records management programs

21  pursuant to local or special acts.  The Legislature is further

22  aware that it may not be possible to implement this chapter in

23  its entirety immediately upon its enactment, and it is not the

24  legislative intent by this chapter to disrupt the orderly

25  microfilming and destruction of public records pursuant to

26  such local or special acts above referred to, provided that

27  such agencies make no further disposition of public records

28  without approval of the Division of Library and Information

29  Services of the Department of State pursuant to such rules and

30  regulations as it establishes may establish.

31  

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 1         Section 88.  Section 257.375, Florida Statutes, is

 2  amended to read:

 3         257.375  Records Management Trust Fund.--There is

 4  hereby created within the Department of State Division of

 5  Library and Information Services a Records Management Trust

 6  Fund which shall consist of fees collected for records

 7  management and archival services. Funds deposited in the

 8  Records Management Trust Fund shall be used to support the

 9  programs of the state archives and records and information

10  management programs.

11         Section 89.  Subsections (2) and (3) of section 257.41,

12  Florida Statutes, are amended to read:

13         257.41  Library cooperatives; organization; receipt of

14  state moneys.--

15         (2)  The Division of Library and Information Services

16  of the Department of State shall establish operating standards

17  and rules under which a library cooperative is eligible to

18  receive state moneys. The division shall issue a certificate

19  to each library cooperative that meets the standards and rules

20  established under this subsection.

21         (3)  A library cooperative that receives state moneys

22  under ss. 257.40-257.42 shall file with the Department of

23  State Division of Library and Information Services on or

24  before December 1 of each year a financial report on its

25  operations and furnish the department division with such other

26  information as the department division requires.

27         Section 90.  Section 257.42, Florida Statutes, is

28  amended to read:

29         257.42  Library cooperative grants.--The administrative

30  unit of a library cooperative is eligible to receive an annual

31  grant from the state of not more than $400,000 for the purpose

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 1  of sharing library resources based upon an annual plan of

 2  service and expenditure and an annually updated 5-year,

 3  long-range plan of cooperative library resource sharing.

 4  Those plans, which must include a component describing how the

 5  cooperative will share technology and the use of technology,

 6  must be submitted to the Division of Library and Information

 7  Services of the Department of State for evaluation and

 8  possible recommendation for funding in the department's

 9  division's legislative budget request.  Grant funds may not be

10  used to supplant local funds or other funds.  A library

11  cooperative must provide from local sources matching cash

12  funds equal to 10 percent of the grant award.

13         Section 91.  Paragraph (a) of subsection (5) of section

14  258.007, Florida Statutes, is amended to read:

15         258.007  Powers of division.--

16         (5)(a)  The division, in cooperation with the Division

17  of Historical Resources of the Department of State, is

18  authorized and empowered to select and designate, within the

19  state park system, sites of historic interest and value and to

20  erect and maintain appropriate signs or markers indicating

21  said sites upon public property as well as upon private

22  property where permission is obtained.

23         Section 92.  Paragraph (a) of subsection (7) of section

24  258.501, Florida Statutes, is amended to read:

25         258.501  Myakka River; wild and scenic segment.--

26         (7)  MANAGEMENT COORDINATING COUNCIL.--

27         (a)  Upon designation, the department shall create a

28  permanent council to provide interagency and intergovernmental

29  coordination in the management of the river. The coordinating

30  council shall be composed of one representative appointed from

31  each of the following: the department, the Department of

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 1  Transportation, the Fish and Wildlife Conservation Commission,

 2  the Department of Community Affairs, the Division of Forestry

 3  of the Department of Agriculture and Consumer Services, the

 4  Division of Historical Resources of the Department of State,

 5  the Tampa Bay Regional Planning Council, the Southwest Florida

 6  Water Management District, the Southwest Florida Regional

 7  Planning Council, Manatee County, Sarasota County, Charlotte

 8  County, the City of Sarasota, the City of North Port,

 9  agricultural interests, environmental organizations, and any

10  others deemed advisable by the department.

11         Section 93.  Paragraph (b) of subsection (1) of section

12  259.035, Florida Statutes, is amended to read:

13         259.035  Acquisition and Restoration Council.--

14         (1)  There is created the Acquisition and Restoration

15  Council.

16         (b)  The five remaining appointees shall be composed of

17  the Secretary of Environmental Protection, the director of the

18  Division of Forestry of the Department of Agriculture and

19  Consumer Services, the executive director of the Fish and

20  Wildlife Conservation Commission, the Secretary director of

21  the Division of Historical Resources of the Department of

22  State, and the secretary of the Department of Community

23  Affairs, or their respective designees.

24         Section 94.  Subsection (1) of section 259.307, Florida

25  Statutes, is amended to read:

26         259.037  Land Management Uniform Accounting Council.--

27         (1)  The Land Management Uniform Accounting Council is

28  created within the Department of Environmental Protection and

29  shall consist of the director of the Division of State Lands,

30  the director of the Division of Recreation and Parks, the

31  director of the Office of Coastal and Aquatic Managed Areas,

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 1  and the director of the Office of Greenways and Trails of the

 2  Department of Environmental Protection; the director of the

 3  Division of Forestry of the Department of Agriculture and

 4  Consumer Services; the executive director of the Fish and

 5  Wildlife Conservation Commission; and the Secretary director

 6  of the Division of Historical Resources of the Department of

 7  State, or their respective designees. Each state agency

 8  represented on the council shall have one vote.  The chair of

 9  the council shall rotate annually in the foregoing order of

10  state agencies. The agency of the representative serving as

11  chair of the council shall provide staff support for the

12  council.  The Division of State Lands shall serve as the

13  recipient of and repository for the council's documents.  The

14  council shall meet at the request of the chair.

15         Section 95.  Paragraph (d) of subsection (1) and

16  subsection (4) of section 260.0142, Florida Statutes, are

17  amended to read:

18         260.0142  Florida Greenways and Trails Council;

19  composition; powers and duties.--

20         (1)  There is hereby created within the Department of

21  Environmental Protection the Florida Greenways and Trails

22  Council which shall advise the department in the execution of

23  the department's powers and duties under this chapter. The

24  council shall be composed of 21 members, consisting of:

25         (d)  The 10 remaining members shall include:

26         1.  The Secretary of Environmental Protection or a

27  designee;

28         2.  The executive director of the Fish and Wildlife

29  Conservation Commission or a designee;

30         3.  The Secretary of Community Affairs or a designee;

31         4.  The Secretary of Transportation or a designee;

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 1         5.  The Director of the Division of Forestry of the

 2  Department of Agriculture and Consumer Services or a designee;

 3         6.  The Secretary director of the Division of

 4  Historical Resources of the Department of State or a designee;

 5         7.  A representative of the water management districts

 6  who shall serve for 1 year.  Membership on the council shall

 7  rotate among the five districts. The districts shall determine

 8  the order of rotation;

 9         8.  A representative of a federal land management

10  agency.  The Secretary of Environmental Protection shall

11  identify the appropriate federal agency and request

12  designation of a representative from the agency to serve on

13  the council;

14         9.  A representative of the regional planning councils

15  to be appointed by the Secretary of Environmental Protection,

16  in consultation with the Secretary of Community Affairs, for a

17  single 2-year term.  The representative shall not be selected

18  from the same regional planning council for successive terms;

19  and

20         10.  A representative of local governments to be

21  appointed by the Secretary of Environmental Protection, in

22  consultation with the Secretary of Community Affairs, for a

23  single 2-year term.  Membership shall alternate between a

24  county representative and a municipal representative.

25         (4)  The duties of the council shall include, but not

26  be limited to, the following:

27         (a)  Advise the Department of Environmental Protection,

28  the Department of Community Affairs, the Department of

29  Transportation, the Fish and Wildlife Conservation Commission,

30  the Division of Forestry of the Department of Agriculture and

31  Consumer Services, the water management districts, and the

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 1  regional planning councils on policies relating to the Florida

 2  Greenways and Trails System, and promote intergovernmental

 3  cooperation;

 4         (b)  Facilitate a statewide system of interconnected

 5  landscape linkages, conservation corridors, greenbelts,

 6  recreational corridors and trails, scenic corridors,

 7  utilitarian corridors, reserves, regional parks and preserves,

 8  ecological sites, and cultural/historic/recreational sites;

 9         (c)  Facilitate a statewide system of interconnected

10  land-based trails that connect urban, suburban, and rural

11  areas of the state and facilitate expansion of the statewide

12  system of freshwater and saltwater paddling trails;

13         (d)  Recommend priorities for critical links in the

14  Florida Greenways and Trails System;

15         (e)  Review applications for acquisition funding under

16  the Florida Greenways and Trails Program and recommend to the

17  Secretary of Environmental Protection which projects should be

18  acquired;

19         (f)  Provide funding recommendations to agencies and

20  organizations regarding the acquisition, development, and

21  management of greenways and trails, including the promotion of

22  private landowner incentives;

23         (g)  Review designation proposals for inclusion in the

24  Florida Greenways and Trails System;

25         (h)  Provide advocacy and education to benefit the

26  statewide system of greenways and trails by encouraging

27  communication and conferencing;

28         (i)  Encourage public-private partnerships to develop

29  and manage greenways and trails;

30         (j)  Review progress toward meeting established

31  benchmarks and recommend appropriate action;

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 1         (k)  Make recommendations for updating and revising the

 2  implementation plan for the Florida Greenways and Trails

 3  System;

 4         (l)  Advise the Land Acquisition and Management

 5  Advisory Council or its successor to ensure the incorporation

 6  of greenways and trails in land management plans on lands

 7  managed by the Department of Environmental Protection, the

 8  Fish and Wildlife Conservation Commission, the Division of

 9  Historical Resources of the Department of State, and the

10  Division of Forestry of the Department of Agriculture and

11  Consumer Services;

12         (m)  Provide advice and assistance to the Department of

13  Transportation and the water management districts regarding

14  the incorporation of greenways and trails into their planning

15  efforts;

16         (n)  Encourage land use, environmental, and coordinated

17  linear infrastructure planning to facilitate the

18  implementation of local, regional, and statewide greenways and

19  trails systems;

20         (o)  Promote greenways and trails support

21  organizations; and

22         (p)  Support the Florida Greenways and Trails System in

23  any other appropriate way.

24         Section 96.  Section 265.283, Florida Statutes, is

25  amended to read:

26         265.283  Definitions relating to Florida Fine Arts Act

27  of 1980.--The following definitions shall apply to ss.

28  265.281-265.286:

29         (1)  "Council" means the Florida Arts Council.

30         (2)  "Department" means the Department of State.

31  

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 1         (3)  "Director" means the Director of the Division of

 2  Cultural Affairs of the Department of State.

 3         (4)  "Division" means the Division of Cultural Affairs

 4  of the Department of State.

 5         (3)(5)  "Panel" means a grant review panel.

 6         (4)(6)  "Secretary" means the Secretary of State.

 7         (5)(7)  "The arts" means any and all artistic

 8  disciplines, which include, but are not limited to, music,

 9  dance, drama, theater programs, creative writing, literature,

10  architecture, painting, sculpture, folk arts, photography,

11  crafts, and public media, and the execution and exhibition of

12  other such allied, major art forms.

13         Section 97.  Section 265.284, Florida Statutes, is

14  amended to read:

15         265.284  Chief cultural officer; director of division;

16  powers and duties.--

17         (1)  The Secretary of State is the shall be chief

18  cultural officer of the state.

19         (2)  The Division of Cultural Affairs of the Department

20  of State shall be headed by a director who shall serve at the

21  pleasure of the Secretary of State.

22         (2)(3)  The department Division of Cultural Affairs

23  shall have direct administrative authority and responsibility

24  for all of the programs authorized by this act.  In

25  furtherance thereof, the department division shall have the

26  authority to:

27         (a)  Accept and administer state and federal funds

28  provided for the fine arts, the grants, and any program

29  authorized by this act.

30         (b)  Subject to the approval of the Secretary of State,

31  enter into such contracts with any person, firm, performing

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 1  arts company, educational institution, arts organization,

 2  corporation, or governmental agency as may be necessary or

 3  advisable to carry out its functions under this act. Contracts

 4  administered under s. 265.606 shall require the local

 5  sponsoring organization to submit to the department an annual

 6  postaudit of its financial accounts conducted by an

 7  independent certified public accountant. Contracts

 8  administered under ss. 265.701 and 265.702 shall require the

 9  recordation of a restrictive covenant by the grantee and

10  property owner or the purchase of a bond as prescribed by rule

11  to ensure that the facility continues to be used as a cultural

12  facility for a period of 10 years following the grant award.

13  If the facility ceases to be used as a cultural facility

14  during the 10 years following the grant award, the grant funds

15  shall be repaid to the department according to an amortization

16  schedule set forth in rule.

17         (c)  Seek, and help assure, a uniformity of artwork

18  within state buildings and review all art content of existing

19  public buildings or buildings of state ownership for the

20  purpose of making recommendations to the Department of

21  Management Services as to matters of installation, relocation,

22  restoration, removal, or any other disposition of such works

23  of art.

24         (d)  On request, or at its own initiative, consult with

25  and advise other individuals, groups, organizations, or state

26  agencies and officials, particularly the Governor and the

27  Cabinet, concerning the acquisition by gift or purchase of

28  fine art works, the appropriate use and display of state-owned

29  art treasures for maximum public benefit, and the suitability

30  of any structures or fixtures primarily intended for

31  ornamental or decorative purposes in public buildings.

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 1         (e)  Accept on behalf of the state donations of money,

 2  property, art objects, and antiquities.  Such donations of

 3  money and any cash income that is which may be received by the

 4  department division or that was which were previously received

 5  by the Florida Fine Arts Council from the disposal of any

 6  donations of property, art objects, or antiquities shall be

 7  deposited into a separate trust fund and are hereby

 8  appropriated to the use of the department division for the

 9  purposes of this act.

10         (3)(4)  There is created the Florida Fine Arts Trust

11  Fund to be administered by the Department of State for the

12  purposes set forth by law. The Florida Fine Arts Trust Fund

13  shall consist of moneys appropriated by the Legislature and

14  moneys contributed to the fund from any other source.

15         (5)  The department division is further authorized to:

16         (a)  Accept and administer moneys appropriated by the

17  Legislature, and moneys received from the Federal Government

18  or from other public or private sources, for the development

19  of nationally recognized Florida performing arts groups

20  through a state touring program. The department division shall

21  develop and establish a selection procedure which will ensure

22  maximum opportunity for selection of and participation by

23  Florida performing arts groups in the state touring program.

24         (b)  Sponsor performances and exhibits; promote and

25  encourage the study and appreciation of fine arts; and

26  collect, publish, and print pamphlets, papers, newsletters,

27  and other materials relating to fine arts programs available

28  throughout the state.

29         (c)  Conduct and support cultural programs and cultural

30  exchanges in conjunction with the appropriate state agencies,

31  

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 1  including the acceptance of funding, technical assistance, and

 2  other forms of support for such purposes.

 3         (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54

 4  to implement provisions of law conferring duties on it.

 5         (6)  Subject to funding by the Legislature, there are

 6  created the State Orchestra Program, State Dance Program, and

 7  State Opera Program, each to be administered as part of, and

 8  under the direct supervision of, the Division of Cultural

 9  Affairs.

10         (5)(7)  Notwithstanding any provision of s. 287.022 or

11  s. 287.025(1)(e), the department division may enter into

12  contracts to insure museum collections, artifacts, relics, and

13  fine arts to which it holds title.

14         Section 98.  Section 265.286, Florida Statutes, is

15  amended to read:

16         265.286  Art grants award by Department of State

17  Division of Cultural Affairs.--

18         (1)  Subject to the recommendation of the Florida Arts

19  Council and to the approval of the Secretary of State, the

20  department division is authorized to expend appropriated state

21  and federal funds for art grants.  The department division

22  shall, by rule, establish criteria for the award of grants,

23  including criteria relating to artistic quality, creativity,

24  potential public exposure and benefit, ability to properly

25  administer grant funds, and such other matters deemed

26  necessary and appropriate to further the purposes of this act.

27  The department division shall expend all funds in accordance

28  with state law and shall use such appropriations to supplement

29  the financial support of:

30         (a)  Programs which have substantial artistic and

31  cultural significance, giving emphasis to American creativity

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 1  and the maintenance and encouragement of professional

 2  excellence.

 3         (b)  Programs meeting professional standards or

 4  standards of authenticity, irrespective of origin, which

 5  programs are of significant merit and which, without such

 6  assistance, would otherwise be unavailable to the citizens of

 7  this state.

 8         (2)  Grants shall be made by contract with any

 9  nonprofit corporation, local or state governmental entity, or

10  artist engaged in or concerned with the arts.  Of the total

11  amount of funds available from all sources for art grants, 70

12  percent of such funds shall be awarded on a 50-percent

13  matching basis.  Up to 30 percent of such funds available may

14  be awarded on a nonmatching basis, including individual

15  fellowships.

16         (3)  In administering grants, contracts, and funds

17  appropriated for arts programs, the department division may

18  release moneys in advance on a quarterly basis.  By the end of

19  the contract period, the grantee or contractee shall furnish

20  to the department division a complete and accurate accounting

21  of how all state funds were expended. Postaudits to be

22  conducted by an independent certified public accountant may be

23  required in accordance with rules adopted by the department

24  division.

25         (4)  The department division is authorized to develop

26  and conduct a challenge grant program available to cultural

27  institutions or groups of institutions that have local,

28  regional, or statewide impact. Challenge grants shall be made

29  for not less than $10,000; and matching moneys must be on at

30  least a basis of 1 to 1 for local projects, 2 to 1 for

31  regional projects, and 3 to 1 for state or capital projects,

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 1  with the institution providing the higher amount in the ratio.

 2  The department division shall by rule establish the specific

 3  eligibility and matching criteria for such grants. Separate

 4  funding for this program shall be provided by the Legislature.

 5         (5)  The department division shall not award any new

 6  grant which will, in whole or in part, inure to the personal

 7  benefit of any council or review panel member during that

 8  member's term of office if the council or panel member

 9  participated in the vote of the council or panel recommending

10  the award.  This subsection shall not prohibit the department

11  division from awarding a grant to an entity with which a

12  council or panel member is associated.

13         (6)  The department division shall by rule provide for

14  separate consideration of grant applications of

15  state-supported institutions from those of private

16  institutions and individuals.

17         Section 99.  Paragraphs (b), (c), and (d) of subsection

18  (2) of section 265.2861, Florida Statutes, are amended to

19  read:

20         265.2861  Cultural Institutions Program; trust fund.--

21         (2)  CULTURAL INSTITUTIONS PROGRAM.--

22         (b)  The Department of State shall establish, by rule,

23  criteria for the award of grants to cultural organizations,

24  including criteria relating to program quality, potential

25  public exposure and benefit, fiscal stability, ability to

26  properly administer grant funds, procedures for peer

27  evaluation, and other matters deemed necessary and appropriate

28  to further the purposes of this section. The department

29  Division of Cultural Affairs shall award grants to supplement

30  the financial support of cultural organizations that have

31  displayed a sustained commitment to cultural excellence and to

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 1  recognize organizations for superior cultural contributions

 2  that have regional or statewide impact.

 3         (c)  Cultural organizations shall receive funding by

 4  the department Division of Cultural Affairs from the Cultural

 5  Institutions Trust Fund or as otherwise provided by the

 6  Legislature.

 7         (d)1.  Upon appropriation by the Legislature of funds

 8  for the Cultural Institutions Program, the Department of State

 9  shall execute a contract with each organization, which must

10  contain information relative to the program, the projected

11  operating income and expenses, and other provisions deemed

12  necessary by the department for the administration of the

13  program.

14         2.  Each recipient organization must submit an annual

15  report to the department Division of Cultural Affairs

16  detailing the expenditure of funds and is subject to the

17  auditing provisions and rules of the department division.

18         Section 100.  Section 265.862, Florida Statutes, is

19  amended to read:

20         265.2862  General support program for cultural

21  institutions.--The Division of Cultural Affairs of the

22  Department of State shall develop and conduct a general

23  support program designed to supplement the financial support

24  of cultural organizations that have a sustained commitment to

25  cultural excellence and to recognize organizations for

26  superior cultural contributions that have regional or

27  statewide impact.  The department division shall establish, by

28  rule, criteria for awarding grants to the cultural

29  organizations. The rules must include, but need not be limited

30  to, criteria relating to program quality, potential public

31  exposure and benefit, fiscal stability, ability to properly

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 1  administer grant funds, and procedures for a peer evaluation

 2  process.

 3         Section 101.  Subsections (4) and (6) of section

 4  265.2865, Florida Statutes, are amended to read:

 5         265.2865  Florida Artists Hall of Fame.--

 6         (4)  In the first year, the Secretary of State shall

 7  name no more than 12 members to the Florida Artists Hall of

 8  Fame. Thereafter, The Secretary of State shall name no more

 9  than four members to the Florida Artists Hall of Fame in any 1

10  year.

11         (6)  The Division of Cultural Affairs of the Department

12  of State shall adopt rules necessary to carry out the purposes

13  of this section, including, but not limited to, procedures for

14  accepting nominations to, making recommendations for,

15  selecting members of the Florida Artists Hall of Fame, and

16  providing travel expenses for such recipients.

17  Notwithstanding the provisions of s. 112.061, the Secretary of

18  State may approve first-class travel accommodations for

19  recipients of the Florida Artists Hall of Fame award and their

20  representatives for health or security purposes.

21         Section 102.  Section 265.603, Florida Statutes, is

22  amended to read:

23         265.603  Definitions relating to Cultural Endowment

24  Program.--The following terms and phrases when used in ss.

25  265.601-265.607 shall have the meaning ascribed to them in

26  this section, except where the context clearly indicates a

27  different meaning:

28         (1)  "Department" means the Department of State.

29         (2)  "Division" means the Division of Cultural Affairs

30  of the Department of State.

31  

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 1         (2)(3)  "Cultural" means the disciplines of dance,

 2  music, theater, visual arts, literature, media arts,

 3  interdisciplinary and multidisciplinary, and programs of

 4  museums.

 5         (3)(4)  "Secretary" means the Secretary of State.

 6         (4)(5)  "Sponsoring organization" means a cultural

 7  organization which:

 8         (a)  Is designated as not for profit pursuant to s.

 9  501(c)(3) or (4) of the Internal Revenue Code of 1954;

10         (b)  Is described in, and allowed to receive

11  contributions pursuant to, the provisions of s. 170 of the

12  Internal Revenue Code of 1954;

13         (c)  Is a corporation not for profit incorporated

14  pursuant to chapter 617; and

15         (d)  Is primarily and directly responsible for

16  conducting, creating, producing, presenting, staging, or

17  sponsoring a cultural exhibit, performance, or event.  This

18  provision includes museums owned and operated by political

19  subdivisions of the state, except those constituted pursuant

20  to s. 1004.67.

21         Section 103.  Paragraph (b) of subsection (4) of

22  section 265.606, Florida Statutes, is amended to read:

23         265.606  Cultural Endowment Program; administration;

24  qualifying criteria; matching fund program levels;

25  distribution.--

26         (4)  Once the secretary has determined that the

27  sponsoring organization has complied with the criteria imposed

28  by this section, he or she may authorize the transfer of the

29  appropriate state matching funds to the organization. However,

30  the secretary shall ensure that the local group has made

31  prudent arrangements for the trusteeship of the entire

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 1  endowment, and such trusteeship is hereby created.  The

 2  sponsoring organization may then expend moneys in the

 3  endowment program fund, subject to the following requirements:

 4         (b)  The organization shall annually submit a report to

 5  the department division, in such form as the department

 6  division specifies, explaining how endowment program funds

 7  were utilized.

 8         Section 104.  Subsections (1), (4), and (5) of section

 9  265.608, Florida Statutes, are amended to read:

10         265.608  Science Museum; grants.--

11         (1)  The Division of Cultural Affairs of the Department

12  of State is authorized to grant moneys from the Cultural

13  Institutions Trust Fund, including matching grants to science

14  museums recommended by the Florida Arts Council and approved

15  by the Secretary of State. The department division shall, by

16  rule, establish criteria for awarding grants including

17  criteria based upon the quality of the proposed grant

18  recipient, the potential public exposure and public benefit of

19  the exhibits of the proposed grant recipient, and the ability

20  of the proposed grant recipient to properly administer grant

21  funds and any other criteria the department division

22  determines are necessary and appropriate to further the

23  purposes of this act.  The department division shall grant

24  moneys from the trust fund in accordance with state law.

25         (4)  The Secretary of State may appoint review panels

26  representing various disciplines to assist the Florida Arts

27  Council in the grant review process contemplated by this

28  section.  The term of office of each review panel member shall

29  be 1 year.  The membership of each panel shall include persons

30  actively involved in the specific discipline for which the

31  respective panel is to review grants.  Members of the panels

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 1  shall not receive any compensation for their services, but

 2  shall be reimbursed for travel and expenses incurred in the

 3  performance of their duties, as provided in s. 112.061.  The

 4  panels shall review grant applications and make

 5  recommendations to the council concerning the relative merits

 6  of the applicants.  The department division shall by rule

 7  establish criteria for reviewing grant applications to ensure

 8  compliance with applicable state laws relating to

 9  nondiscrimination and prohibited conflicts of interest.

10         (5)  The department division may grant moneys quarterly

11  from the trust fund to science museums in advance of an

12  exhibit or program for which the moneys are granted, pursuant

13  to a grant agreement or a contract.  Before the end of the

14  contract period, the grant recipient shall file with the

15  department division a complete accounting of all moneys

16  received from the trust fund.  The department division may

17  adopt rules requiring a postaudit of such accounting to be

18  conducted by an independent certified public accountant.

19         Section 105.  Subsection (1), (4), and (5) of section

20  265.609, Florida Statutes, are amended to read:

21         265.609  Youth and Children's Museum; grants.--

22         (1)  The Division of Cultural Affairs of the Department

23  of State is authorized to grant moneys from the Cultural

24  Institutions Trust Fund, including matching grants, to youth

25  and children's museums recommended by the Florida Arts Council

26  and approved by the Secretary of State.  The department

27  division shall, by rule, establish criteria for awarding

28  grants, including criteria based upon the quality of the

29  proposed grant recipient, the potential public exposure and

30  public benefit of the exhibits of the proposed grant

31  recipient, and the ability of the proposed grant recipient to

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 1  properly administer grant funds, and any other criteria the

 2  department division determines are necessary and appropriate

 3  to further the purposes of this section.  The department

 4  division shall grant moneys from the trust fund in accordance

 5  with state law.

 6         (4)  The secretary may appoint review panels

 7  representing various disciplines to assist the Florida Arts

 8  Council in the grant review process. Review panel members

 9  shall serve for 1-year terms.  Each panel shall include

10  persons actively involved in the specific discipline for which

11  the panel is to review grants.  The panels shall review grant

12  applications and make recommendations to the council

13  concerning the relative merits of the applicants.  The

14  department division shall, by rule, establish criteria for

15  reviewing grant applications to ensure compliance with

16  applicable state laws relating to discrimination and conflicts

17  of interest.

18         (5)  The department division may grant moneys quarterly

19  from the trust fund to youth and children's museums in advance

20  of an exhibit or program for which the moneys are granted,

21  pursuant to a grant agreement or a contract.  Before the end

22  of the contract period, the grant recipient shall file with

23  the department division a complete accounting of all moneys

24  received from the trust fund. The department division may

25  adopt rules requiring a postaudit of such accounting to be

26  conducted by an independent certified public accountant.

27         Section 106.  Subsections (1), (3), and (4) of section

28  265.701, Florida Statutes, are amended to read:

29         265.701  Cultural facilities; grants for acquisition,

30  renovation, or construction; funding; approval; allocation.--

31  

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 1         (1)  The department Division of Cultural Affairs may

 2  accept and administer moneys appropriated to it for providing

 3  grants to counties, municipalities, and qualifying nonprofit

 4  corporations for the acquisition, renovation, or construction

 5  of cultural facilities.

 6         (3)  The Florida Arts Council shall review each

 7  application for a grant to acquire, renovate, or construct a

 8  cultural facility which is submitted pursuant to subsection

 9  (2) and shall submit annually to the Secretary of State for

10  approval lists of all applications that are recommended by the

11  council for the award of grants, arranged in order of

12  priority.  The department division may allocate grants only

13  for projects that are approved or for which funds are

14  appropriated by the Legislature.  Projects approved and

15  recommended by the Secretary of State which are not funded by

16  the Legislature shall be retained on the project list for the

17  following grant cycle only.  All projects that are retained

18  shall be required to submit such information as may be

19  required by the department as of the established deadline date

20  of the latest grant cycle in order to adequately reflect the

21  most current status of the project.

22         (4)  The department Division of Cultural Affairs shall

23  adopt rules prescribing the criteria to be applied by the

24  Florida Arts Council in recommending applications for the

25  award of grants and rules providing for the administration of

26  the other provisions of this section.

27         Section 107.  Subsection (1), (4), and (8) of section

28  265.702, Florida Statutes, are amended to read:

29         265.702  Regional cultural facilities; grants for

30  acquisition, renovation, or construction; funding; approval;

31  allocation.--

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 1         (1)  The Division of Cultural Affairs of the Department

 2  of State may accept and administer moneys that are

 3  appropriated to it for providing grants to counties,

 4  municipalities, and qualifying nonprofit corporations for the

 5  acquisition, renovation, or construction of regional cultural

 6  facilities.

 7         (4)  The Florida Arts Council shall review each

 8  application for a grant to acquire, renovate, or construct a

 9  regional cultural facility which is submitted under subsection

10  (2) and shall submit annually to the Secretary of State for

11  approval a list of all applications received and a list of all

12  projects that are recommended by the council for the award of

13  grants, arranged in order of priority. The department division

14  may allocate grants only for regional cultural facilities that

15  are approved by the secretary or for which funds are

16  appropriated by the Legislature. Regional cultural facilities

17  that are approved and recommended by the Secretary of State

18  but are not funded by the Legislature shall be retained on the

19  project list for the following grant cycle only. For each

20  project that is retained, such information as the department

21  requires must be submitted by the established deadline date of

22  the latest grant cycle, in order to adequately reflect the

23  most current status of the regional cultural facility.

24         (8)  The department Division of Cultural Affairs may

25  adopt rules prescribing the criteria to be applied to

26  applications for grants and rules providing for the

27  administration of this section.

28         Section 108.  Subsection (1) and (8) of section

29  267.021, Florida Statutes, are amended to read:

30         267.021  Definitions.--For the purpose of this act, the

31  term:

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 1         (1)  "Department" "Division" means the Division of

 2  Historical Resources of the Department of State.

 3         (8)  "Official Florida Historical Marker" means any

 4  marker, plaque, or similar device awarded, approved, or

 5  administered by the Department of State Division of Historical

 6  Resources for the purpose of recognizing and informing the

 7  general public about historic properties, persons, events, and

 8  other topics relating to the history and culture of the state.

 9         Section 109.  Section 267.031, Florida Statutes, is

10  amended to read:

11         267.031  Department of State Division of Historical

12  Resources; powers and duties.--

13         (1)  The department division has authority to adopt

14  rules pursuant to ss. 120.536(1) and 120.54 to implement

15  provisions of this chapter conferring duties upon it.

16         (2)  The department division may make and enter into

17  all contracts and agreements with other agencies,

18  organizations, associations, corporations and individuals, or

19  federal agencies as it may determine are necessary, expedient,

20  or incidental to the performance of its duties or the

21  execution of its powers under this chapter.

22         (3)  The department division may accept gifts, grants,

23  bequests, loans, and endowments for purposes not inconsistent

24  with its responsibilities under this chapter.

25         (4)  All law enforcement agencies and offices are

26  authorized and directed to assist the department division in

27  carrying out its duties under this chapter.

28         (5)  It is the responsibility of the department

29  division to:

30         (a)  Cooperate with federal and state agencies, local

31  governments, and private organizations and individuals to

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 1  direct and conduct a comprehensive statewide survey of

 2  historic resources and to maintain an inventory of such

 3  resources.

 4         (b)  Develop a comprehensive statewide historic

 5  preservation plan.

 6         (c)  Identify and nominate through the State Historic

 7  Preservation Officer eligible properties to the National

 8  Register of Historic Places and otherwise administer

 9  applications for listing historic properties in the National

10  Register.

11         (d)  Cooperate with federal and state agencies, local

12  governments, and organizations and individuals to ensure that

13  historic resources are taken into consideration at all levels

14  of planning and development.

15         (e)  Advise and assist, as appropriate, federal and

16  state agencies and local governments in carrying out their

17  historic preservation responsibilities and programs.

18         (f)  Provide public information, education, and

19  technical assistance relating to historic preservation

20  programs.

21         (g)  Cooperate with local governments and organizations

22  and individuals in the development of local historic

23  preservation programs, including the Main Street Program of

24  the National Trust for Historic Preservation, or any similar

25  programs that are may be developed by the department division.

26         (h)  Carry out on behalf of the state the programs of

27  the National Historic Preservation Act of 1966, as amended,

28  and to establish, maintain, and administer a state historic

29  preservation program meeting the requirements of an approved

30  program and fulfilling the responsibilities of state historic

31  preservation programs as provided in s. 101(b) of that act.

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 1         (i)  Take such other actions necessary or appropriate

 2  to locate, acquire, protect, preserve, operate, interpret, and

 3  promote the location, acquisition, protection, preservation,

 4  operation, and interpretation of historic resources to foster

 5  an appreciation of Florida history and culture. Prior to the

 6  acquisition, preservation, interpretation, or operation of a

 7  historic property by a state agency, the department division

 8  shall be provided a reasonable opportunity to review and

 9  comment on the proposed undertaking and shall determine that

10  there exists historical authenticity and a feasible means of

11  providing for the preservation, interpretation, and operation

12  of such property. Expenditures by the department division to

13  protect or preserve historic properties leased by the

14  department division from the Board of Trustees of the Internal

15  Improvement Trust Fund may be exempt from the competitive bid

16  requirements of chapters 255 and 287.

17         (j)  Cooperate and coordinate with the Division of

18  Recreation and Parks of the Department of Environmental

19  Protection in the operation and management of historic

20  properties or resources subject to review under s. 267.061(2)

21  by the department Division of Historical Resources.

22         (k)  Establish professional standards for the

23  preservation, exclusive of acquisition, of historic resources

24  in state ownership or control.

25         (l)  Establish guidelines for state agency

26  responsibilities under s. 267.061(2).

27         (m)  Establish regional offices for the purpose of

28  assisting the department division in the delivery of

29  department historic preservation services to the counties and

30  municipalities of the state and to the citizens of the State

31  of Florida. Historic preservation Regional offices may shall

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 1  be established, subject to the availability of funds, in St.

 2  Augustine, Tampa, Palm Beach County, and in other areas of the

 3  state which the Secretary of State division deems appropriate.

 4  For each regional office established, the division shall

 5  establish a citizen support organization in accordance with s.

 6  267.17. The board of directors of each citizen support

 7  organization shall be appointed by the Secretary of State.

 8         (n)  Establish and maintain a central inventory of

 9  historic properties for the state which shall consist of all

10  such properties as may be reported to the department division.

11  This inventory shall be known as the Florida Master Site File.

12         (o)  Protect and administer historical resources

13  abandoned on state-owned lands or on state-owned sovereignty

14  submerged lands. The department division may issue permits for

15  survey and exploration activities to identify historical

16  resources and may issue permits for excavation and salvage

17  activities to recover historical resources. The department

18  division may issue permits for archaeological excavation for

19  scientific or educational purposes on state-owned lands or on

20  state-owned sovereignty submerged lands. The department

21  division may also issue permits for exploration and salvage of

22  historic shipwreck sites by commercial salvors on state-owned

23  sovereignty submerged lands. The department division shall

24  adopt rules to administer the issuance of permits for all such

25  activities. In addition, the department division shall adopt

26  rules to administer the transfer of objects recovered by

27  commercial salvors under permit in exchange for recovery

28  services provided to the state.

29         (6)  The department division shall employ a State

30  Archaeologist, and such other archaeologists as deemed

31  necessary, who shall possess such qualifications as the

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 1  Secretary of State prescribes division may prescribe. The

 2  State Archaeologist shall serve at the pleasure of the

 3  Secretary of State division director and shall have his or her

 4  duties prescribed by the Secretary of State division director.

 5         (7)  The department division shall employ a State

 6  Historic Preservation Officer, qualified by special training

 7  or experience in the field of historic preservation, and such

 8  other specialists in the field of historic preservation as

 9  deemed necessary, who shall possess such qualifications as the

10  Secretary of State prescribes division may prescribe.  The

11  State Historic Preservation Officer shall be designated as

12  such by the Governor, upon the recommendation of the Secretary

13  of State, and shall serve at the pleasure of the Secretary of

14  State.  The State Historic Preservation Officer shall conduct

15  relations with representatives of the Federal Government and

16  the respective states concerning matters of historic

17  preservation, and shall perform such other duties as

18  prescribed by the Secretary of State.

19         Section 110.  Paragraph (b) of subsection (1),

20  paragraphs (a), (b), (c), and (e) of subsection (2), and

21  subsection (3) of section 267.061, Florida Statutes, are

22  amended to read:

23         267.061  Historic properties; state policy,

24  responsibilities.--

25         (1)  STATE POLICY RELATIVE TO HISTORIC PROPERTIES.--

26         (b)  It is further declared to be the public policy of

27  the state that all treasure trove, artifacts, and such objects

28  having intrinsic or historical and archaeological value which

29  have been abandoned on state-owned lands or state-owned

30  sovereignty submerged lands shall belong to the state with the

31  title thereto vested in the Division of Historical Resources

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 1  of the Department of State for the purposes of administration

 2  and protection.

 3         (2)  RESPONSIBILITIES OF STATE AGENCIES OF THE

 4  EXECUTIVE BRANCH.--

 5         (a)  Each state agency of the executive branch having

 6  direct or indirect jurisdiction over a proposed state or

 7  state-assisted undertaking shall, in accordance with state

 8  policy and prior to the approval of expenditure of any state

 9  funds on the undertaking, consider the effect of the

10  undertaking on any historic property that is included in, or

11  eligible for inclusion in, the National Register of Historic

12  Places.  Each such agency shall afford the department division

13  a reasonable opportunity to comment with regard to such an

14  undertaking.

15         (b)  Each state agency of the executive branch shall

16  initiate measures in consultation with the department division

17  to assure that where, as a result of state action or

18  assistance carried out by such agency, a historic property is

19  to be demolished or substantially altered in a way which

20  adversely affects the character, form, integrity, or other

21  qualities which contribute to historical, architectural, or

22  archaeological value of the property, timely steps are taken

23  to determine that no feasible and prudent alternative to the

24  proposed demolition or alteration exists, and, where no such

25  alternative is determined to exist, to assure that timely

26  steps are taken either to avoid or mitigate the adverse

27  effects, or to undertake an appropriate archaeological salvage

28  excavation or other recovery action to document the property

29  as it existed prior to demolition or alteration.

30         (c)  In consultation with the department division, each

31  state agency of the executive branch shall establish a program

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 1  to locate, inventory, and evaluate all historic properties

 2  under the agency's ownership or control that appear to qualify

 3  for the National Register.  Each such agency shall exercise

 4  caution to assure that any such historic property is not

 5  inadvertently transferred, sold, demolished, substantially

 6  altered, or allowed to deteriorate significantly.

 7         (e)  Each state agency of the executive branch, in

 8  seeking to acquire additional space through new construction

 9  or lease, shall give preference to the acquisition or use of

10  historic properties when such acquisition or use is determined

11  to be feasible and prudent compared with available

12  alternatives. The acquisition or use of historic properties is

13  considered feasible and prudent if the cost of purchase or

14  lease, the cost of rehabilitation, remodeling, or altering the

15  building to meet compliance standards and the agency's needs,

16  and the projected costs of maintaining the building and

17  providing utilities and other services is less than or equal

18  to the same costs for available alternatives.  The agency

19  shall request the department division to assist in determining

20  if the acquisition or use of a historic property is feasible

21  and prudent. Within 60 days after making a determination that

22  additional space is needed, the agency shall request the

23  department division to assist in identifying buildings within

24  the appropriate geographic area that are historic properties

25  suitable for acquisition or lease by the agency, whether or

26  not such properties are in need of repair, alteration, or

27  addition.

28         (f)  Consistent with the agency's mission and

29  authority, all state agencies of the executive branch shall

30  carry out agency programs and projects, including those under

31  which any state assistance is provided, in a manner which is

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 1  generally sensitive to the preservation of historic properties

 2  and shall give consideration to programs and projects which

 3  will further the purposes of this section.

 4         (3)  DEPARTMENT OF MANAGEMENT SERVICES.--The Department

 5  of Management Services, in consultation with the department

 6  division, shall adopt rules for the renovation of historic

 7  properties which are owned or leased by the state. Such rules

 8  shall be based on national guidelines for historic renovation,

 9  including the standards and guidelines for rehabilitation

10  adopted by the United States Secretary of the Interior.

11         Section 111.  Section 267.0612, Florida Statutes, is

12  amended to read:

13         267.0612  Florida Historical Commission; creation;

14  membership; powers and duties.--In order to enhance public

15  participation and involvement in the preservation and

16  protection of the state's historic and archaeological sites

17  and properties, there is created within the Department of

18  State the "Florida Historical Commission."  The commission

19  shall serve in an advisory capacity to the Secretary of State

20  director of the Division of Historical Resources to assist the

21  director in carrying out the purposes, duties, and

22  responsibilities of the department division, as specified in

23  this chapter.

24         (1)(a)  The commission shall be composed of 11 members.

25  Seven members shall be appointed by the Governor in

26  consultation with the Secretary of State, two members shall be

27  appointed by the President of the Senate, and two members

28  shall be appointed by the Speaker of the House of

29  Representatives. Of the seven members appointed by the

30  Governor, one member must be a licensed architect who has

31  expertise in historic preservation and architectural history;

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 1  one member must be a professional historian in the field of

 2  American history; one member must be a professional

 3  architectural historian; one member must be an archaeologist

 4  specializing in the field of prehistory; and one member must

 5  be an archaeologist specializing in the historic period. The

 6  remaining two members appointed by the Governor and the two

 7  members appointed by the President of the Senate and the

 8  Speaker of the House of Representatives, respectively, must be

 9  representatives of the general public with demonstrated

10  interest in the preservation of Florida's historical and

11  archaeological heritage.  At least one member of the

12  commission shall be a resident of a county that has a

13  population of 75,000 or fewer less. A member whose term has

14  expired shall continue to serve on the commission until such

15  time as a replacement is appointed.

16         (b)  Notwithstanding the provisions of paragraph (a),

17  the initial members of the commission shall be the members of

18  the Historic Preservation Advisory Council and the National

19  Register of Historic Places Review Board, serving on January

20  1, 2002, who may serve the remainder of their respective

21  terms.  New appointments to the commission shall not be made

22  until the retirement, resignation, removal, or expiration of

23  the terms of the initial members results in fewer than 11

24  members remaining.  As vacancies occur, the first appointments

25  shall be the five professionally designated members appointed

26  by the Governor.  The President of the Senate, the Speaker of

27  the House of Representatives, and the Governor, respectively,

28  shall then alternate appointments until the commission is

29  composed as required herein.

30         (2)  Commission members appointed by the President of

31  the Senate and the Speaker of the House of Representatives

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 1  shall be appointed for 2-year terms. Additionally, these

 2  commission members shall serve as the legislative historic

 3  preservation advisory body to the Speaker of the House of

 4  Representatives and the President of the Senate with respect

 5  to the collection and preservation of the historic records of

 6  both houses of the Legislature. Commission members appointed

 7  by the Governor shall be appointed to 4-year terms.  Vacancies

 8  shall be filled for the remainder of the term and by the

 9  original appointing authority.

10         (3)  The Governor shall designate a member of the

11  commission as the commission's presiding officer to serve in

12  that capacity at the pleasure of the Governor. Each year the

13  commission shall select an assistant presiding officer from

14  its membership.

15         (4)  The commission shall meet upon the call of the

16  presiding officer or Secretary of State, which shall occur at

17  least quarterly.  Members shall serve without pay, but shall

18  be entitled to reimbursement for their expenses in carrying

19  out their official duties, as provided in s. 112.061.

20         (5)  All action taken by the commission shall be by

21  majority vote of those members present.  The State Historic

22  Preservation Officer director of the division or his or her

23  the director's designee shall serve without voting rights as

24  secretary to the commission. The Historic Preservation Office

25  division shall provide necessary staff assistance to the

26  commission.

27         (6)  It shall be the responsibility of the commission

28  to provide assistance, advice, and recommendations to the

29  department division in:

30  

31  

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 1         (a)  Establishing priorities for the identification,

 2  acquisition, protection, and preservation of historic and

 3  archaeological sites and properties.

 4         (b)  Establishing criteria for use in assessing the

 5  significance of historic and archaeological sites and

 6  properties.

 7         (c)  Evaluating proposals for awards of special

 8  category historic preservation grants-in-aid administered by

 9  the Department of State division.  Pursuant thereto, the

10  commission shall review and evaluate proposals for special

11  category grants and shall make recommendations, including a

12  priority ranking, reflecting such evaluation.  In making such

13  evaluation and recommendations, the commission shall, at a

14  minimum, consider the purpose, economic and other public

15  benefit, location, compatibility with statewide historic

16  preservation priorities, and cost of each proposal for special

17  category grant assistance.

18         (d)  Providing an active outreach program to encourage

19  public understanding of and involvement in the preservation of

20  the state's historic and archaeological sites and properties.

21         (e)  Identifying and expressing public goals for

22  historic preservation and gathering public ideas necessary for

23  the formulation of alternative policies.

24         (f)  Recommending rules relating to the historic

25  preservation programs administered by the department division

26  pursuant to this chapter.

27         (7)  It shall be the additional responsibility of the

28  commission to provide such other assistance and advice to the

29  department division as required by this chapter and as may be

30  required from time to time in matters pertaining to the

31  

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 1  protection and preservation of the state's historic and

 2  archaeological sites and properties.

 3         (8)  The five members appointed by the Governor from

 4  the professions designated in paragraph (1)(a) shall sit as

 5  Florida's National Register Review Board and shall perform the

 6  duties of that board established by the National Historic

 7  Preservation Act of 1966, as amended.  If a vacancy exists in

 8  one of the five designated seats, the Secretary of State

 9  division director shall assign another member of the Florida

10  Historical Commission to serve until the vacancy is filled.

11         Section 112.  Section 267.0617, Florida Statutes, is

12  amended to read:

13         267.0617  Historic Preservation Grant Program.--

14         (1)  There is hereby created within the Department of

15  State division the Historic Preservation Grant Program, which

16  shall make grants of moneys appropriated by the Legislature,

17  moneys deposited pursuant to s. 550.0351(2), and moneys

18  contributed for that purpose from any other source. The

19  program funds shall be used by the department division for the

20  purpose of financing grants in furtherance of the purposes of

21  this section.

22         (2)  The department division is authorized to conduct

23  and carry out a program of historic preservation

24  grants-in-aid, including matching grants, to any department or

25  agency of the state; any unit of county, municipal, or other

26  local government; any corporation, partnership, or other

27  organization, whether public or private or whether or not for

28  profit; or any individual for projects having as their purpose

29  the identification, acquisition, protection, preservation,

30  rehabilitation, restoration, or construction of historic sites

31  and properties, or Florida history, or the planning of such

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 1  activities. Funds appropriated from general revenue for the

 2  historic preservation grants-in-aid program shall not be

 3  provided for a project owned by private individuals or owned

 4  by for-profit corporations. All moneys received from any

 5  source as appropriations, deposits, or contributions to this

 6  program shall be paid and credited to the Historical Resources

 7  Operating Trust Fund or as otherwise provided by the

 8  Legislature.

 9         (3)  All grants of state funds to assist the

10  preservation of historic properties shall be made from the

11  Historical Resources Operating Trust Fund or as otherwise

12  provided by the Legislature and may be awarded only pursuant

13  to applications for such assistance made to the Department of

14  State Division of Historical Resources.  The Florida

15  Historical Commission shall review each application for a

16  special category historic preservation grant-in-aid.  Special

17  category historic preservation grants-in-aid are those

18  reviewed and recommended by the Secretary of State for

19  submission for legislative funding consideration.  Grant

20  review panels appointed by the Secretary of State and chaired

21  by a member of the Florida Historical Commission shall review

22  each application for other historic preservation

23  grants-in-aid.  The reviewing body shall submit annually to

24  the Secretary of State for approval lists of all applications

25  that are recommended by the reviewing body for the award of

26  grants, arranged in order of priority.

27         (4)  The Department of State Division of Historical

28  Resources may accept and administer moneys appropriated to it

29  for the purpose of providing grants for the projects approved

30  by the Secretary of State.

31  

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 1         (5)  The Department of State Division of Historical

 2  Resources shall adopt rules prescribing the criteria to be

 3  applied by the Florida Historical Commission and the grant

 4  review panels in recommending applications for the award of

 5  grants and rules providing for the administration of the other

 6  provisions of this section.

 7         Section 113.  Section 267.0619, Florida Statutes, is

 8  amended to read:

 9         267.0619  Historical Museum Grants.--The Department of

10  State division may conduct a program to provide:

11         (1)(a)  Grants from the Historical Resources Operating

12  Trust Fund, including matching grants, to a department or

13  agency of the state; a unit of county, municipal, or other

14  local government; or a public or private profit or nonprofit

15  corporation, partnership, or other organization to assist in

16  the development of public educational exhibits relating to the

17  historical resources of Florida; and

18         (b)  Grants from the Historical Resources Operating

19  Trust Fund to Florida history museums that are not

20  state-operated to assist such museums in program development

21  paying for operating costs.

22         (2)  In order to be eligible to receive a grant from

23  the trust fund to assist in paying operating costs, a Florida

24  history museum must fulfill the following criteria:

25         (a)  The mission of the museum must relate directly and

26  primarily to the history of Florida.  If the museum has more

27  than one mission, the museum is eligible to receive a grant

28  for that portion of the operating costs which is reasonably

29  attributable to its mission relating to the history of

30  Florida;

31  

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 1         (b)  The museum must have been operating and open to

 2  the public for at least 180 days each year during the 2-year

 3  period immediately preceding the date upon which the museum

 4  applies for the grant;

 5         (c)  The museum must be open and providing museum

 6  services to the public for at least 180 days each year; and

 7         (d)  The museum must currently employ, and must have

 8  employed during the 2-year period immediately preceding the

 9  date upon which the museum applies for the grant, at least one

10  full-time staff member or one full-time volunteer the

11  equivalent thereof whose primary responsibility is to acquire,

12  maintain, and exhibit to the public objects that are owned by,

13  or are on loan to, the museum.

14         (3)  An application for a grant must be made to the

15  Department of State division on a form provided by the

16  department division.  The department division shall adopt

17  rules prescribing categories of grants, application

18  requirements, criteria and procedures for the review and

19  evaluation of applications, and other procedures necessary for

20  the administration of the program, subject to the requirements

21  of this section. Grant review panels appointed by the

22  Secretary of State and chaired by a member of the Florida

23  Historical Commission or designee thereof shall review each

24  application for a museum grant-in-aid.  The review panel shall

25  submit to the Secretary of State for approval lists of all

26  applications that are recommended by the panel for the award

27  of grants, arranged in order of priority. The department

28  division may award a grant to a Florida history museum only if

29  the award has been approved by the Secretary of State.

30         (4)  Money received as an appropriation or contribution

31  to the grants program must be deposited into the Historical

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 1  Resources Operating Trust Fund or as otherwise provided by the

 2  Legislature. Money appropriated from general revenue to the

 3  trust fund for the program may not be granted to a private

 4  for-profit museum. Money appropriated from any source to the

 5  trust fund for the program may not be granted to pay the cost

 6  of locating, identifying, evaluating, acquiring, preserving,

 7  protecting, restoring, rehabilitating, stabilizing, or

 8  excavating an archaeological or historic site or a historic

 9  building or the planning of any of those activities.

10         (5)  The department division may grant moneys quarterly

11  from the Historical Resources Operating Trust Fund to history

12  museums in advance of an exhibit or program for which the

13  moneys are granted.

14         Section 114.  Subsection (2) of section 267.062,

15  Florida Statutes, is amended to read:

16         267.062  Naming of state buildings and other

17  facilities.--

18         (2)  The Department of State division shall, after

19  consulting with the Florida Historical Commission, recommend

20  several persons whose contributions to the state have been of

21  such significance that the department division may recommend

22  that state buildings and facilities be named for them.

23         Section 115.  Section 267.071, Florida Statutes, is

24  amended to read:

25         267.071  Historical museums.--It is the duty of the

26  Department of State division to:

27         (1)  Promote and encourage throughout the state

28  knowledge and appreciation of Florida history by encouraging

29  the people of the state to engage in the preservation and care

30  of artifacts, museum items, treasure trove, and other

31  historical properties; the collection, research, fabrication,

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 1  exhibition, preservation, and interpretation of historical

 2  materials; the publicizing of the state's history through

 3  media of public information; and other activities in

 4  historical and allied fields.

 5         (2)  Encourage, promote, maintain, and operate

 6  historical museums, including, but not limited to, mobile

 7  museums, junior museums, and the Museum of Florida History in

 8  the state capital.

 9         (3)  Plan and develop, in cooperation with other state

10  agencies and with municipalities, programs to promote and

11  encourage the teaching of Florida's history and heritage in

12  Florida schools and other educational institutions and other

13  such educational programs as may be appropriate.

14         Section 116.  Section 267.072, Florida Statutes, is

15  amended to read:

16         267.072  Museum of Florida History programs.--

17         (1)  The department division shall establish and

18  administer a museum store in the Museum of Florida History to

19  provide information and materials relating to museum exhibits,

20  collections, and programs to the public.  The store may

21  produce, acquire, and sell craft products, replicas and

22  reproductions of artifacts, documents, and other merchandise

23  relating to historical and cultural resources and may make a

24  reasonable charge for such merchandise.  All proceeds received

25  from sales must be deposited into the Historical Resources

26  Operating Trust Fund or, funds in excess of the amount

27  required to pay employees involved in the direct management of

28  the museum store, may be deposited into a bank account of the

29  citizen support organization created pursuant to s. 267.17 and

30  may only be used to support the programs of the Museum of

31  Florida History.  The museum store may enter into agreements

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 1  and accept credit-card payments as compensation for goods and

 2  products sold.  The department division may establish accounts

 3  in credit-card banks for the deposit of credit-card sales

 4  invoices and to pay discounts and service charges in

 5  connection with the use of credit cards.

 6         (2)  The department division shall support the

 7  establishment and operation of a nonprofit organization or

 8  association established pursuant to s. 267.17 to promote and

 9  encourage knowledge and appreciation of Florida history and

10  the programs of the Museum of Florida History and to cooperate

11  with historical societies and other organizations to provide

12  funding and promotional support for the programs of the

13  museum.  Such organization or association may, with the

14  consent of the department division, operate the museum store

15  or conduct special events and programs in the museum.  All

16  proceeds must be used to support the programs of the Museum of

17  Florida History.

18         (3)  The department division shall deposit gifts and

19  donations for the purpose of assisting the Museum of Florida

20  History and its programs in the Historical Resources Operating

21  Trust Fund to be used exclusively for the benefit of programs

22  of the museum and in a manner consistent with any terms or

23  conditions agreed to by the department division in accepting

24  such gifts.

25         Section 117.  Section 267.0731, Florida Statutes, is

26  amended to read:

27         267.0731  Great Floridians Program.--The department

28  division shall establish and administer a program, to be

29  entitled the Great Floridians Program, which shall be designed

30  to recognize and record the achievements of Floridians, living

31  

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 1  and deceased, who have made major contributions to the

 2  progress and welfare of this state.

 3         (1)  The department division shall nominate present or

 4  former citizens of this state, living or deceased, who during

 5  their lives have made major contributions to the progress of

 6  the nation or this state and its citizens. Nominations shall

 7  be submitted to the Secretary of State who shall select from

 8  those nominated not less than two persons each year who shall

 9  be honored with the designation "Great Floridian," provided no

10  person whose contributions have been through elected or

11  appointed public service shall be selected while holding any

12  such office.

13         (a)  To enhance public participation and involvement in

14  the identification of any person worthy of being nominated as

15  a Great Floridian, the department division shall seek advice

16  and assistance from persons qualified through the

17  demonstration of special interest, experience, or education in

18  the dissemination of knowledge about the state's history.

19         (b)  In formulating its nominations, the department

20  division shall also seek the assistance of any organization

21  the Museum of Florida History Foundation, Inc., or its

22  successor, acting in the capacity as a citizen support

23  organization of the department division, pursuant to s. 267.17

24  and approved to act on behalf of the Museum of Florida

25  History.

26         (c)  Annually, the department division shall convene an

27  ad hoc committee composed of representatives of the Governor,

28  each member of the Florida Cabinet, the President of the

29  Senate, and the Speaker of the House of Representatives, and

30  the Museum of Florida History Foundation, Inc. This committee

31  shall meet at least twice.  The committee shall nominate not

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 1  fewer than two persons whose names shall be submitted to the

 2  Secretary of State with the recommendation that they be

 3  honored with the designation "Great Floridian."

 4         (2)  Upon designation of a person as a Great Floridian

 5  by the Secretary of State, the department division shall

 6  undertake appropriate activities intended to achieve wide

 7  public knowledge of the person designated.

 8         (a)  The department division may seek to initiate

 9  production of a film or videotape depicting the life and

10  contributions of the designee to this state and to the nation.

11  The production of such a film or videotape will be contingent

12  upon full funding through legislative appropriation or private

13  fundraising. If technology surpasses the use of film or

14  videotape, another medium of equal quality may be used.

15         1.  In the production of such films, the division shall

16  seek cooperation from local volunteers throughout the state

17  and, in particular, shall seek fundraising and other

18  assistance of the citizen support organization created

19  pursuant to s. 267.17 to support the programs of the Museum of

20  Florida History.

21         1.2.  The Museum of Florida History shall be the

22  repository of the original negative, the original master tape,

23  and all cuttings, of any film or videotape produced under the

24  authority of this paragraph.  The department division also may

25  exercise the right of trademark over the terms "Great

26  Floridian" or "Great Floridians" pursuant to s. 286.031.

27         2.3.  The department division shall arrange for the

28  distribution of copies of all films to the general public,

29  public television stations, educational institutions, and

30  others and may establish a reasonable charge to recover costs

31  associated with production and to provide a source of revenue

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 1  to assist with reproduction, marketing, and distribution of

 2  Great Floridians films. Proceeds from such charges shall be

 3  deposited into the Historical Resources Operating Trust Fund.

 4         (b)  Deceased persons designated as Great Floridians

 5  typically shall be recognized by markers affixed to properties

 6  significantly associated with the major contributions of the

 7  designee.  Such markers shall be erected pursuant to the

 8  provisions of s. 267.074.

 9         Section 118.  Section 267.074, Florida Statutes, is

10  amended to read:

11         267.074  State Historical Marker Program.--The

12  department division shall coordinate and direct the State

13  Historical Marker Program, which shall be a program of popular

14  history and heritage designed to inform the general public

15  about persons, events, structures, and other topics relating

16  to the history and culture of the state; encourage interest in

17  preserving the historical resources of the state and its

18  localities; promote a sense of community and place among

19  Florida citizens; and provide for the enjoyment and

20  edification of tourists.

21         (1)  The department division shall encourage the

22  initiation of proposals for Official Florida Historical

23  Markers from departments or agencies of the state; units of

24  county, municipal, or other local governments; corporations,

25  partnerships, or other organizations, whether public or

26  private and whether or not for profit; or any individual.

27  Markers may be installed to recognize historic properties, as

28  well as individuals, events, and other topics significant in

29  Florida or American history, architecture, archaeology, or

30  culture.

31  

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 1         (2)  By means of appropriate variations in marker

 2  design, the department division shall distinguish the

 3  following categories of Official Florida Historical Markers:

 4         (a)  Florida Heritage Landmark markers, which shall be

 5  used to identify and interpret Heritage Landmark properties.

 6         (b)  State Historic Highway markers, which shall be

 7  used to identify state historic highways, as provided in

 8  general law.

 9         (c)  Florida Heritage markers, which shall be used to

10  identify and interpret people, events, and places, including

11  buildings and archaeological sites, which do not meet the

12  criteria for a Florida Heritage Landmark, and other subjects

13  relating to Florida history and culture.

14         (d)  Other special series of markers which the

15  department division may establish to facilitate guiding the

16  general public to places of historic interest and to

17  facilitate identification and interpretation of topics of

18  statewide interest, including, but not limited to, historic

19  and scenic trails, byways, and greenways and anniversaries or

20  other occasions of special significance to the history and

21  culture of Florida.

22  

23  The department division may exercise the right of trademark

24  over the terms "Florida Heritage" or "Heritage Florida"

25  pursuant to s. 286.031.

26         (3)  The department division shall establish and

27  maintain a central register of all markers installed in each

28  category set out in subsection (2).  In addition, the

29  department division shall establish and maintain the Florida

30  Register of Heritage Landmarks, a central register of historic

31  properties, which generally shall consist of properties more

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 1  than 50 years of age deemed worthy of preservation for their

 2  exceptional historical significance to the state as a whole or

 3  a region of the state and their architectural or

 4  archaeological integrity.

 5         (a)  The department division shall adopt rules pursuant

 6  to ss. 120.536(1) and 120.54 that prescribe criteria and a

 7  process for the identification, evaluation, and designation of

 8  Heritage Landmark properties, as well as for withdrawal of

 9  designation.

10         (b)  The department division may waive the age

11  requirement of 50 years for properties of overwhelming state

12  or national importance; however, it is the intent of the

13  Legislature that exceptions shall rarely be given.

14         (c)  The department division shall undertake a program

15  to identify and nominate properties eligible for designation

16  as Heritage Landmarks.

17         (d)  Designation of private property as a Heritage

18  Landmark does not prohibit under Florida law or regulation any

19  actions which may otherwise be taken by the property owner

20  with respect to the property.

21         (4)  The department division shall develop a

22  comprehensive plan for the State Historical Marker Program

23  which shall be kept up to date and shall incorporate goals and

24  objectives of the program, as well as policies, plans, and

25  procedures relating to:

26         (a)  Categories of Official Florida Historical Markers,

27  criteria for their use, and specifications for design.

28         (b)  Selection of subjects to be marked.

29         (c)  Published guides to Official Florida Historical

30  Markers, including methods for public distribution.

31         (d)  Maintenance of markers.

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 1         (e)  Removal or replacement of markers.

 2         (f)  Placement of markers at historic sites which shall

 3  be, in general, conspicuous and accessible to and easily

 4  reached by the public and where something associated with the

 5  person, historic property, event, or other subject being

 6  marked is still visible.

 7         (g)  Physical placement of the markers which shall be,

 8  in general, conspicuous and easily reached by the public.

 9         (5)(a)  The department division is authorized and

10  empowered to erect and maintain appropriate signs or markers

11  indicating sites of historic interest and value upon public

12  property as well as upon private property where permission is

13  obtained.

14         (b)  The Department of Transportation or the governing

15  body of each county or municipality is authorized to permit

16  and assist the Department of State division in erecting and

17  maintaining such said historic signs or markers within the

18  right-of-way of any state highway, county road, or municipal

19  street, or any other property under its jurisdiction and

20  control, under such conditions and limitations as may be

21  appropriate.  The Department of State division is hereby

22  vested with the exclusive authority and power to erect and

23  maintain said historic signs or markers within the

24  right-of-way of any state highway.

25         (6)  The department division shall designate an

26  approved marker as an Official Florida Historical Marker.  To

27  ensure a degree of uniformity and quality of historical

28  markers, monuments, plaques, medallions, and similar devices

29  in this state, and to avoid any confusion with or

30  misrepresentation of an Official Florida Historical Marker, no

31  such marker or reasonable facsimile thereof may be fabricated

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 1  with any emblem, design, or logo signifying another

 2  organization.  No other emblem, design, or marker size may be

 3  used in addition to or instead of those offered by the

 4  department division for an Official Florida Historical Marker.

 5  Emblems, designs, or logos offered by the department division

 6  are property of the state and may not be used for commercial

 7  advertising or copied for the use of any other agency,

 8  association, corporation, or individual without the express

 9  consent and authorization of the department division.

10         (7)  The department division may establish a reasonable

11  fee to recover its costs arising from review of a proposal for

12  a historical marker, monument, plaque, medallion, or similar

13  device.  Any fee established shall be payable by the applicant

14  for the marker, monument, plaque, medallion, or similar

15  device.

16         (8)  Funds for the creation and placement of an

17  Official Florida Historical Marker shall be provided by the

18  agency, organization, individual, or other entity proposing

19  the marker.  The department division may erect Official

20  Florida Historical Markers at its own expense and may make

21  competitive grants from the Historical Resources Operating

22  Trust Fund, pursuant to s. 267.0617, to assist in funding the

23  costs of Official Florida Historical Markers.  All Official

24  Florida Historical Markers shall be considered property of the

25  state.

26         (9)  The department division shall seek cooperation

27  from local volunteers throughout the state and, where

28  appropriate, shall encourage the establishment of citizen

29  support organizations, pursuant to s. 267.17, to assist in

30  maintaining Official Florida Historical Markers and

31  facilitating public access to places marked.

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 1         Section 119.  Subsections (3), (4), and (5) of section

 2  267.0743, Florida Statutes, are amended to read:

 3         267.0743  State Historical Marker Council.--In order to

 4  enhance public participation and involvement in the

 5  identification and interpretation of subjects relating to the

 6  history and culture of Florida, there is created the "State

 7  Historical Marker Council."

 8         (3)  The Secretary of State director of the division or

 9  his or her designee shall serve without voting rights as

10  secretary to the council. The department division shall

11  provide necessary staff assistance to the council.

12         (4)  The council shall meet at the request of the

13  department division or at the request of a majority of its

14  membership to carry out its responsibilities, however, the

15  council need not convene a meeting but may give advice by

16  means of written or telephonic communication. Members shall

17  serve without pay, but shall be entitled to reimbursement for

18  their expenses in carrying out their official duties, as

19  provided in s. 112.061.

20         (5)  It shall be the responsibility of the council to

21  provide assistance, advice, and recommendations to the

22  department division in evaluating proposals for Official

23  Florida Historical Markers and identifying goals for the State

24  Historical Marker Program. The process of evaluation shall

25  seek to establish the significance of the subject proposed for

26  a marker, but neither the department division nor the council

27  shall make proposal or evaluation requirements so complex or

28  onerous as to preclude private citizens from directly

29  submitting proposals without professional assistance.

30         Section 120.  Subsections (2), (3), and (4) of section

31  267.075, Florida Statutes, are amended to read:

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 1         267.075  The Grove Advisory Council; creation;

 2  membership; purposes.--

 3         (2)  There is created within the Department of State

 4  The Grove Advisory Council for the purpose of advising the

 5  department Division of Historical Resources on the operation,

 6  maintenance, preservation, and protection of the Call/Collins

 7  House, commonly known as "The Grove," its grounds, cemetery,

 8  and all structures thereon; the furniture and furnishings

 9  located therein; any changes in the architecture, structure,

10  furnishings, or landscaping deemed necessary or desirable by

11  the council; and the design and development of interpretive

12  programs and exhibits in connection therewith.

13         (3)(a)  The Grove Advisory Council shall be composed of

14  eight members, as follows:

15         1.  Five members shall be private citizens appointed by

16  the Secretary of State.

17         2.  One member shall be the Secretary of Management

18  Services or his or her designee.

19         3.  One member shall be a representative of the

20  department appointed by the Secretary the director of the

21  Division of Historical Resources of the Department of State.

22         4.  At least one member shall be a direct descendant of

23  Mary Call Darby Collins appointed by the Secretary of State

24  with the advice of the oldest living generation of lineal

25  descendants of Mary Call Darby Collins.

26  

27  Of the citizen members, at least one member shall have

28  professional curatorial and museum expertise, one member shall

29  have professional architectural expertise in the preservation

30  of historic buildings, and one member shall have professional

31  landscape expertise. The five citizen members of the council

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 1  appointed by the Secretary of State and the member of the

 2  council who is a direct descendant of Mary Call Darby Collins

 3  appointed by the Secretary of State shall be appointed for

 4  staggered 4-year terms. The Secretary of State shall fill the

 5  remainder of unexpired terms for the five citizen members of

 6  the council and the member of the council who is a direct

 7  descendant of Mary Call Darby Collins.

 8         (b)  The council shall annually elect a chair from

 9  among the five citizen members of the council appointed by the

10  Secretary of State and the member of the council who is a

11  direct descendant of Mary Call Darby Collins appointed by the

12  Secretary of State. The chair shall serve for a term of 1

13  year. Meetings of the council shall be held at the call of the

14  chair, at the request of a majority of its membership, at the

15  request of the Secretary of State, or at such times as may be

16  prescribed by rules of the council. The council shall meet at

17  least twice annually. A majority of the council shall

18  constitute a quorum for the transaction of business.

19         (c)  The council shall obtain clerical, expert,

20  technical, or other services from the department Division of

21  Historical Resources. The Department of Management Services

22  shall provide reasonable assistance to the Department of State

23  in carrying out the purposes of this section.

24         (d)  Members of the council shall serve without

25  compensation or honorarium but shall be entitled to receive

26  reimbursement for per diem and travel expenses as provided in

27  s. 112.061. All expenses of the council shall be paid from

28  appropriations to be made by the Legislature to the Department

29  of State. All vouchers shall be approved by the department

30  Division of Historical Resources before being submitted to the

31  Chief Financial Officer for payment.

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 1         (4)(a)  The department Division of Historical

 2  Resources, with the advice and assistance of the council,

 3  shall maintain the structure, style, character, and

 4  landscaping of The Grove, its grounds, its private family

 5  cemetery, and all structures thereon consistent with the

 6  character, plan, and design of The Grove at the time the state

 7  takes physical possession of The Grove and its surrounding

 8  property from Mary Call Darby Collins. It shall preserve and

 9  protect the antique furnishings and other articles of

10  furniture, fixtures, and decorative objects and articles used

11  or displayed in the premises.

12         (b)  The department Division of Historical Resources

13  shall catalog and maintain a descriptive, photographic

14  inventory of the furnishings, fixtures, and decorative objects

15  and articles used or displayed in the premises.

16         (c)  The department Division of Historical Resources

17  may receive, on behalf of the state, contributions, bequests,

18  and gifts of money, furniture, works of art, memorabilia, or

19  other property consistent with the use of The Grove as

20  described in this section. Title to all property which is

21  received in this manner shall vest in the state and shall be

22  held in trust by the department Division of Historical

23  Resources solely to further the purposes of this section. No

24  furniture, furnishings, fixtures, or decorative objects

25  acquired from the Collins family or any of its members shall

26  be used for any purpose except as a permanent part of The

27  Grove's furniture, furnishings, fixtures, or decorative

28  objects, and any such item not so utilized shall forthwith

29  revert to the Collins family member or members from whom it

30  was acquired. No gifts, contributions, or bequests shall be

31  

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 1  accepted for The Grove without the advice and recommendation

 2  of the council.

 3         (d)  The Department of State Division of Historical

 4  Resources shall adopt rules governing the maintenance and use

 5  of The Grove; the selection, acquisition, and disposition of

 6  furnishings and decorations for the premises; and the

 7  acceptance of gifts, contributions, bequests, or loans of

 8  property.

 9         Section 121.  Section 267.081, Florida Statutes, is

10  amended to read:

11         267.081  Publications.--

12         (1)  It is the duty of the department division to:

13         (a)  Promote and encourage the writing of Florida

14  history.

15         (b)  Collect, edit, publish, and print pamphlets,

16  papers, manuscripts, documents, books, monographs, and other

17  materials relating to Florida history. The department division

18  may establish a reasonable charge for such publications.

19         (c)  Cooperate with and coordinate research and

20  publication activities of other agencies, organizations,

21  historical commissions and societies, corporations, and

22  individuals, which relate to historical matters.

23         (d)  Hold any moneys received from the sale of

24  publications by the department division in the operating trust

25  fund of the department division or in a separate depository

26  account in the name of a citizen support organization formed

27  pursuant to s. 267.17 and subject to the provision of a letter

28  of agreement with the department division.

29         (2)  The department division may exercise the right of

30  trademark and service mark over the terms "Florida History &

31  

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 1  the Arts" or "Florida History and the Arts" pursuant to s.

 2  286.031.

 3         Section 122.  Section 267.11, Florida Statutes, is

 4  amended to read:

 5         267.11  Designation of archaeological sites.--The

 6  Department of State division may publicly designate an

 7  archaeological site of significance to the scientific study or

 8  public representation of the state's historical, prehistoric,

 9  or aboriginal past as a "state archaeological landmark."  In

10  addition, the department division may publicly designate an

11  interrelated grouping of significant archaeological sites as a

12  "state archaeological landmark zone." However, no site or

13  grouping of sites shall be so designated without the express

14  written consent of the private owner thereof. Upon designation

15  of an archaeological site, the owners and occupants of each

16  designated state archaeological landmark or landmark zone

17  shall be given written notification of such designation by the

18  department division. Once so designated, no person may conduct

19  field investigation activities without first securing a permit

20  from the department division.

21         Section 123.  Section 267.115, Florida Statutes, is

22  amended to read:

23         267.115  Objects of historical or archaeological

24  value.--The Department of State division shall acquire,

25  maintain, preserve, interpret, exhibit, and make available for

26  study objects which have intrinsic historical or

27  archaeological value relating to the history, government, or

28  culture of the state. Such objects may include tangible

29  personal property of historical or archaeological value.

30  Objects acquired under this section belong to the state, and

31  title to such objects is vested in the department division.

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 1         (1)  Notwithstanding s. 273.02, the department division

 2  shall maintain an adequate record of all objects in its

 3  custody which have a historical or archaeological value. Once

 4  each year, on July 1 or as soon thereafter as practicable, the

 5  department division shall take a complete inventory of all

 6  such objects in its custody the value or cost of which is $500

 7  or more and a sample inventory of such objects the value or

 8  cost of which is less than $500. Each inventory shall be

 9  compared with the property record, and all discrepancies shall

10  be traced and reconciled. Objects of historical or

11  archaeological value are not required to be identified by

12  marking or other physical alteration of the objects.

13         (2)  The department division may arrange for the

14  temporary or permanent loan of any object which has historical

15  or archaeological value in its custody. Such loans shall be

16  for the purpose of assisting historical, archaeological, or

17  other studies; providing objects relating to interpretive

18  exhibits and other educational programs which promote

19  knowledge and appreciation of Florida history and the programs

20  of the department division; or assisting the department

21  division in carrying out its responsibility to ensure proper

22  curation of the objects.

23         (3)  The department division may determine from time to

24  time that an object that which is in its custody and that

25  which is owned by the state has no further use or value for

26  the research, exhibit, or educational programs of the

27  department division, or that such an object will receive more

28  appropriate maintenance and preservation by another agency,

29  institution, or organization, and may loan, exchange, sell, or

30  otherwise transfer ownership and custody of such object to

31  another agency, institution, or organization for the purpose

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 1  of ensuring the continued maintenance and preservation of such

 2  object, or for the purpose of acquiring another object which

 3  better serves the interests of the state and is more

 4  appropriate for promoting knowledge and appreciation of

 5  Florida history and the programs of the department division.

 6         (4)  For the purpose of the exchange, sale, or other

 7  transfer of objects of historical or archaeological value, the

 8  department division is exempt from chapter 273.

 9         (5)  All moneys received from the sale of an object

10  which has historical or archaeological value pursuant to

11  subsection (3) shall be deposited in the Historical Resources

12  Operating Trust Fund and shall be used exclusively for the

13  acquisition of additional historical and archaeological

14  objects or the preservation and maintenance of any such

15  objects in the custody of the department division.

16         (6)  The department division shall adopt rules pursuant

17  to ss. 120.536(1) and 120.54 that prescribe criteria for the

18  inventory and for the loan, exchange, sale, transfer, or other

19  disposal of state-owned objects of historical or

20  archaeological value.

21         (7)  Any custodian as defined in s. 273.01(1) who

22  violates any provision of this section or any rule adopted

23  pursuant to this section commits a misdemeanor of the second

24  degree, punishable as provided in s. 775.082 or s. 775.083.

25         (8)  Notwithstanding any provision of s. 287.022 or s.

26  287.025(1)(e), the department division may enter into

27  contracts to insure museum collections, artifacts, relics, and

28  fine arts to which it holds title.

29         (9)  The department division may implement a program to

30  administer finds of isolated historic artifacts from

31  state-owned river bottoms whereby the department division may

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 1  transfer ownership of such artifacts to the finder in exchange

 2  for information about the artifacts and the circumstances and

 3  location of their discovery.

 4         Section 124.  Section 267.12, Florida Statutes, is

 5  amended to read:

 6         267.12  Research permits; procedure.--

 7         (1)  The Department of State division may issue permits

 8  for excavation and surface reconnaissance on state lands or

 9  lands within the boundaries of designated state archaeological

10  landmarks or landmark zones to institutions that which the

11  department deems division shall deem to be properly qualified

12  to conduct such activity, subject to such rules and

13  regulations as the department prescribes division may

14  prescribe, provided such activity is undertaken by reputable

15  museums, universities, colleges, or other historical,

16  scientific, or educational institutions or societies that

17  possess or will secure the archaeological expertise for the

18  performance of systematic archaeological field research,

19  comprehensive analysis, and interpretation in the form of

20  publishable reports and monographs, such reports to be

21  submitted to the department division.

22         (2)  Those state institutions considered by the

23  department division permanently to possess the required

24  archaeological expertise to conduct the archaeological

25  activities allowed under the provisions of the permit may be

26  designated as accredited institutions which will be allowed to

27  conduct archaeological field activities on state-owned or

28  controlled lands or within the boundaries of any designated

29  state archaeological landmark or any landmark zone without

30  obtaining an individual permit for each project, except that

31  those accredited institutions will be required to give prior

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 1  written notice of all anticipated archaeological field

 2  activities on state-owned or controlled lands or within the

 3  boundaries of any designated state archaeological landmark or

 4  landmark zone to the department division, together with such

 5  information as is may reasonably be required by the department

 6  division to ensure the proper preservation, protection, and

 7  excavation of the archaeological resources. However, no

 8  archaeological activity may be commenced by the accredited

 9  institution until the department division has determined that

10  the planned project will be in conformity with the guidelines,

11  regulations, and criteria adopted pursuant to ss.

12  267.11-267.14. Such determination will be made by the

13  department division and notification to the institution given

14  within a period of 15 days from the time of receipt of the

15  prior notification by the department division.

16         (3)  All specimens collected under a permit issued by

17  the department division or under the procedures adopted for

18  accredited institutions shall belong to the state with the

19  title thereto vested in the department division for the

20  purpose of administration and protection. The department

21  division may arrange for the disposition of the specimens so

22  collected by accredited state institutions at those

23  institutions and for the temporary or permanent loan of such

24  specimens at permitholding institutions for the purpose of

25  further scientific study, interpretative displays, and

26  curatorial responsibilities.

27         Section 125.  Subsections (1) and (2) of section

28  267.13, Florida Statutes, are amended to read:

29         267.13  Prohibited practices; penalties.--

30         (1)(a)  Any person who by means other than excavation

31  either conducts archaeological field investigations on, or

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 1  removes or attempts to remove, or defaces, destroys, or

 2  otherwise alters any archaeological site or specimen located

 3  upon, any land owned or controlled by the state or within the

 4  boundaries of a designated state archaeological landmark or

 5  landmark zone, except in the course of activities pursued

 6  under the authority of a permit or under procedures relating

 7  to accredited institutions granted by the department division,

 8  commits a misdemeanor of the first degree, punishable as

 9  provided in s. 775.082 or s. 775.083, and, in addition, shall

10  forfeit to the state all specimens, objects, and materials

11  collected, together with all photographs and records relating

12  to such material.

13         (b)  Any person who by means of excavation either

14  conducts archaeological field investigations on, or removes or

15  attempts to remove, or defaces, destroys, or otherwise alters

16  any archaeological site or specimen located upon, any land

17  owned or controlled by the state or within the boundaries of a

18  designated state archaeological landmark or landmark zone,

19  except in the course of activities pursued under the authority

20  of a permit or under procedures relating to accredited

21  institutions granted by the department division, commits a

22  felony of the third degree, punishable as provided in s.

23  775.082, s. 775.083, or s. 775.084, and any vehicle or

24  equipment of any person used in connection with the violation

25  is subject to forfeiture to the state if it is determined by

26  any court of law that the vehicle or equipment was involved in

27  the violation.  Such person shall forfeit to the state all

28  specimens, objects, and materials collected or excavated,

29  together with all photographs and records relating to such

30  material.  The court may also order the defendant to make

31  restitution to the state for the archaeological or commercial

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 1  value and cost of restoration and repair as defined in

 2  subsection (4).

 3         (c)  Any person who offers for sale or exchange any

 4  object with knowledge that it has previously been collected or

 5  excavated in violation of any of the terms of ss.

 6  267.11-267.14, or who procures, counsels, solicits, or employs

 7  any other person to violate any prohibition contained in ss.

 8  267.11-267.14 or to sell, purchase, exchange, transport,

 9  receive, or offer to sell, purchase, or exchange any

10  archaeological resource excavated or removed from any land

11  owned or controlled by the state or within the boundaries of a

12  designated state archaeological landmark or landmark zone,

13  except with the express consent of the department division,

14  commits a felony of the third degree, punishable as provided

15  in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or

16  equipment of any person used in connection with the violation

17  is subject to forfeiture to the state if it is determined by

18  any court of law that such vehicle or equipment was involved

19  in the violation.  All specimens, objects, and material

20  collected or excavated, together with all photographs and

21  records relating to such material, shall be forfeited to the

22  state.  The court may also order the defendant to make

23  restitution to the state for the archaeological or commercial

24  value and cost of restoration and repair as defined in

25  subsection (4).

26         (2)(a)  The department division may institute an

27  administrative proceeding to impose an administrative fine of

28  not more than $500 a day on any person or business

29  organization that, without written permission of the

30  department division, explores for, salvages, or excavates

31  treasure trove, artifacts, sunken or abandoned ships, or other

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 1  objects having historical or archaeological value located on

 2  state-owned or state-controlled lands, including state

 3  sovereignty submerged lands.

 4         (b)  The department division shall institute an

 5  administrative proceeding by serving written notice of a

 6  violation by certified mail upon the alleged violator. The

 7  notice shall specify the law or rule allegedly violated and

 8  the facts upon which the allegation is based. The notice shall

 9  also specify the amount of the administrative fine sought by

10  the department division.  The fine shall not become due until

11  after service of notice and an administrative hearing.

12  However, the alleged violator shall have 20 days from service

13  of notice to request an administrative hearing.  Failure to

14  respond within that time shall constitute a waiver, and the

15  fine shall become due without a hearing.

16         (c)  The department division may enter its judgment for

17  the amount of the administrative penalty imposed in a court of

18  competent jurisdiction, pursuant to s. 120.69.  The judgment

19  may be enforced as any other judgment.

20         (d)  The department division may apply to a court of

21  competent jurisdiction for injunctive relief against any

22  person or business organization that explores for, salvages,

23  or excavates treasure trove, artifacts, sunken or abandoned

24  ships, or other objects having historical or archaeological

25  value located on state-owned or state-controlled land,

26  including state sovereignty submerged land, without the

27  written permission of the department division.

28         Section 126.  Section 267.135, Florida Statutes, is

29  amended to read:

30         267.135  Location of archaeological sites.--Any

31  information identifying the location of archaeological sites

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 1  contained in site files or other records maintained by the

 2  Division of Historical Resources of the Department of State is

 3  exempt from the provisions of s. 119.07(1) and s. 24(a) of

 4  Art. I of the State Constitution, if the department Division

 5  of Historical Resources finds that disclosure of such

 6  information will create a substantial risk of harm, theft, or

 7  destruction at such sites. This section is subject to the Open

 8  Government Sunset Review Act in accordance with s. 119.15 and

 9  expires on October 2, 2006, unless reviewed and reenacted by

10  the Legislature.

11         Section 127.  Section 267.14, Florida Statutes, is

12  amended to read:

13         267.14  Legislative intent.--It is hereby declared to

14  be the public policy of the state to preserve archaeological

15  sites and objects of antiquity for the public benefit and to

16  limit exploration, excavation, and collection of such matters

17  to qualified persons and educational institutions possessing

18  the requisite skills and purpose to add to the general store

19  of knowledge concerning history, archaeology, and

20  anthropology. It is further declared to be the public policy

21  of the state that field investigation activities on privately

22  owned lands should be discouraged except in accordance with

23  both the provisions and spirit of ss. 267.11-267.14; and

24  persons having knowledge of the location of archaeological

25  sites are encouraged to communicate such information to the

26  department division.

27         Section 128.  Section 267.16, Florida Statutes, is

28  amended to read:

29         267.16  Florida Folklife Programs.--It is the duty and

30  responsibility of the Department of State division to:

31  

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 1         (1)  Identify, research, interpret, and present Florida

 2  folk arts, artists, performers, folklore, traditions, customs,

 3  and cultural heritage and make folk cultural resources and

 4  folklife projects available throughout the state. The

 5  department division shall compile, edit, publish, and print

 6  directories, books, articles, pamphlets, and other folklife

 7  materials to disseminate information about folk cultural

 8  resources. The department division may sponsor conferences,

 9  workshops, festivals, lectures, and exhibitions on Florida

10  folklife and promote the folk cultural resources of the state.

11         (2)  Adopt rules necessary to carry out its duties and

12  responsibilities with respect to such programs; enter into

13  contracts and agreements with other agencies, organizations,

14  associations, corporations, individuals, or federal agencies

15  necessary to carry out its duties; and seek and accept gifts,

16  grants, bequests, loans, and endowments for purposes

17  consistent with its responsibilities.

18         (3)  Use the facilities at the Stephen Foster State

19  Folk Culture Center as the primary location of the annual

20  Florida Folk Festival.

21         (3)(4)  Adopt rules by which it may advance or

22  reimburse travel and per diem expenses, in the amount and

23  manner provided in s. 112.061, to folklife informants and

24  participants in the Florida Folklife Programs.

25         (4)(5)  Employ a state folklorist, and such other

26  folklorists as deemed necessary, who shall possess such

27  qualifications as the department prescribes division may

28  prescribe. The state folklorist shall serve at the pleasure of

29  the Secretary of State division director and shall have his or

30  her duties prescribed by the Secretary of State division

31  director.

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 1         Section 129.  Section 267.161, Florida Statutes, is

 2  amended to read:

 3         267.161  Florida Folklife Council.--

 4         (1)(a)  The Florida Folklife Council is created as a

 5  part of the Department of State, to consist of seven members

 6  appointed by the Secretary of State.  The Secretary of State

 7  shall appoint each member for a 4-year term and shall appoint

 8  a successor for each member within 90 days after the

 9  expiration of the member's term. The Secretary of State shall

10  fill any vacancy for the remainder of the unexpired term

11  within 90 days after the vacancy occurs. Members shall be

12  appointed to provide geographical, ethnic, and professional

13  representation on the council.

14         (b)  The council shall meet at the call of its chair,

15  at the request of a majority of its membership, at the request

16  of the department division, or at such times as may be

17  prescribed by its rules. The council shall annually elect from

18  its membership a chair and vice chair. No member may be

19  elected to consecutive terms as chair.

20         (c)  Members of the council shall serve without

21  compensation or honorarium, but shall be entitled to receive

22  reimbursement for per diem and travel expenses incurred in the

23  performance of their duties as provided in s. 112.061.

24         (d)  All actions taken by the council must be by

25  majority vote of those present. The Secretary of State may

26  designate the state folklorist or any other division director

27  or the director's designee to shall serve without voting

28  rights as secretary of the council. The department division

29  must provide necessary staff assistance to the council.

30         (2)  The council shall:

31  

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 1         (a)  Advise and assist the department division and the

 2  state folklorist with respect to folk arts, folklife, and the

 3  following goals of the Florida Folklife Programs:

 4         1.  The stimulation and encouragement of statewide

 5  public interest and participation in folk arts and folklore;

 6  and

 7         2.  The development and promotion of Florida folk

 8  artists, performers, festivals, folklife projects, and folk

 9  resources.

10         (b)  Recommend to the department division and the state

11  folklorist projects for the identification, collection, and

12  preservation of Florida folklore, folk arts, traditions,

13  cultural heritage, skills, and customs and make these

14  resources available throughout the state.

15         (c)  Assist the state folklorist in developing

16  proposals and grant applications to fund projects of the

17  Florida Folklife Programs.

18         Section 130.  Subsections (1) and (2) of section

19  267.17, Florida Statutes, are amended to read:

20         267.17  Citizen support organizations; use of state

21  administrative services and property; audit.--

22         (1)  CITIZEN SUPPORT ORGANIZATIONS.--The Department of

23  State division may support the establishment of citizen

24  support organizations to provide assistance, funding, and

25  promotional support for the archaeology, museum, folklife, and

26  historic preservation programs of the department division. For

27  the purposes of this section, a "citizen support organization"

28  shall mean an organization that which is:

29         (a)  A Florida corporation not for profit incorporated

30  under the provisions of chapter 617 and approved by the

31  Department of State;

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 1         (b)  Organized and operated to conduct programs and

 2  activities; raise funds; request and receive grants, gifts,

 3  and bequests of money; acquire, receive, hold, invest, and

 4  administer, in its own name, securities, funds, objects of

 5  value, or other property, real or personal; and make

 6  expenditures to or for the direct or indirect benefit of the

 7  department division or individual program units of the

 8  department division;

 9         (c)  Determined by the department division to be

10  consistent with the goals of the department division and in

11  the best interests of the state; and

12         (d)  Approved in writing by the department division to

13  operate for the direct or indirect benefit of the department

14  division; such approval shall be given in a letter of

15  agreement from the department division.

16         (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

17         (a)  The department division may fix and collect

18  charges for the rental of facilities and properties managed by

19  the department division and may permit, without charge,

20  appropriate use of administrative services, property, and

21  facilities of the department division by a citizen support

22  organization, subject to the provisions of this section. Such

23  use must be directly in keeping with the approved purposes of

24  the citizen support organization and may not be made at times

25  or places that would unreasonably interfere with opportunities

26  for the general public to use such facilities for established

27  purposes. Any moneys received from rentals of facilities and

28  properties managed by the department division may be held in

29  the operating trust fund of the department division or in a

30  separate depository account in the name of the citizen support

31  

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 1  organization and subject to the provisions of the letter of

 2  agreement with the department division.

 3         (b)  The department division may prescribe by rule any

 4  condition with which a citizen support organization shall

 5  comply in order to use department division administrative

 6  services, property, or facilities.

 7         (c)  The department division shall not permit the use

 8  of any administrative services, property, or facilities of the

 9  state by a citizen support organization that which does not

10  provide equal membership and employment opportunities to all

11  persons regardless of race, color, religion, sex, age, or

12  national origin.

13         Section 131.  Subsection (5) of section 267.173,

14  Florida Statutes, is amended to read:

15         267.173  Historic preservation in West Florida; goals;

16  contracts for historic preservation; powers and duties.--

17         (5)  The Division of Historical Resources in the

18  Department of State may contract with the University of West

19  Florida to serve as the regional office for the West Florida

20  region of the state from the Apalachicola River to the western

21  boundaries of the state.  In lieu of the establishment of a

22  citizen support organization as required by s. 267.031(5)(m),

23  the University of West Florida may use an existing

24  direct-support organization of the university provided that

25  the membership of the direct-support organization is

26  representative of the area of the state to be served and

27  provides the needed expertise in the area of historic

28  preservation.

29         Section 132.  Subsection (1), paragraph (a) of

30  subsection (2), and subsection (4) of section 286.001, Florida

31  Statutes, are amended to read:

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 1         286.001  Reports statutorily required; filing,

 2  maintenance, retrieval, and provision of copies.--

 3         (1)  Unless otherwise specifically provided by law, any

 4  agency or officer of the executive, legislative, or judicial

 5  branches of state government, the State Board of Community

 6  Colleges, the Board of Regents, or the Public Service

 7  Commission required or authorized by law to make reports

 8  regularly or periodically shall fulfill such requirement by

 9  filing an abstract of the report with the statutorily or

10  administratively designated recipients of the report and an

11  abstract and one copy of the report with the Office of State

12  Library, Archives, and Records Division of Library and

13  Information Services of the Department of State, unless the

14  head of the reporting entity makes a determination that the

15  additional cost of providing the entire report to the

16  statutorily or administratively designated recipients is

17  justified.  A one-page summary justifying the determination

18  shall be submitted to the chairs of the governmental

19  operations committees of both houses of the Legislature. The

20  abstract of the contents of such report shall be no more than

21  one-half page in length.  The actual report shall be retained

22  by the reporting agency or officer, and copies of the report

23  shall be provided to interested parties and the statutorily or

24  administratively designated recipients of the report upon

25  request.

26         (2)  With respect to reports statutorily required of

27  agencies or officers within the executive, legislative, or

28  judicial branches of state government, the State Board of

29  Community Colleges, the Board of Regents, or the Public

30  Service Commission, it is the duty of the office division, in

31  addition to its duties under s. 257.05, to:

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 1         (a)  Regularly compile and update bibliographic

 2  information on such reports for distribution as provided in

 3  paragraph (b). Such bibliographic information may be included

 4  in the bibliographies prepared by the Department of State

 5  division pursuant to s. 257.05(3)(c).

 6         (4)  Nothing in this section shall be construed to

 7  waive or modify the requirement in s. 257.05(2) pertaining to

 8  the provision of copies of public documents to the Department

 9  of State division.

10         Section 133.  Paragraphs (b) and (e) of subsection (19)

11  of section 380.06, Florida Statutes, are amended to read:

12         380.06  Developments of regional impact.--

13         (19)  SUBSTANTIAL DEVIATIONS.--

14         (b)  Any proposed change to a previously approved

15  development of regional impact or development order condition

16  which, either individually or cumulatively with other changes,

17  exceeds any of the following criteria shall constitute a

18  substantial deviation and shall cause the development to be

19  subject to further development-of-regional-impact review

20  without the necessity for a finding of same by the local

21  government:

22         1.  An increase in the number of parking spaces at an

23  attraction or recreational facility by 5 percent or 300

24  spaces, whichever is greater, or an increase in the number of

25  spectators that may be accommodated at such a facility by 5

26  percent or 1,000 spectators, whichever is greater.

27         2.  A new runway, a new terminal facility, a 25-percent

28  lengthening of an existing runway, or a 25-percent increase in

29  the number of gates of an existing terminal, but only if the

30  increase adds at least three additional gates.  However, if an

31  airport is located in two counties, a 10-percent lengthening

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 1  of an existing runway or a 20-percent increase in the number

 2  of gates of an existing terminal is the applicable criteria.

 3         3.  An increase in the number of hospital beds by 5

 4  percent or 60 beds, whichever is greater.

 5         4.  An increase in industrial development area by 5

 6  percent or 32 acres, whichever is greater.

 7         5.  An increase in the average annual acreage mined by

 8  5 percent or 10 acres, whichever is greater, or an increase in

 9  the average daily water consumption by a mining operation by 5

10  percent or 300,000 gallons, whichever is greater.  An increase

11  in the size of the mine by 5 percent or 750 acres, whichever

12  is less.

13         6.  An increase in land area for office development by

14  5 percent or an increase of gross floor area of office

15  development by 5 percent or 60,000 gross square feet,

16  whichever is greater.

17         7.  An increase in the storage capacity for chemical or

18  petroleum storage facilities by 5 percent, 20,000 barrels, or

19  7 million pounds, whichever is greater.

20         8.  An increase of development at a waterport of wet

21  storage for 20 watercraft, dry storage for 30 watercraft, or

22  wet/dry storage for 60 watercraft in an area identified in the

23  state marina siting plan as an appropriate site for additional

24  waterport development or a 5-percent increase in watercraft

25  storage capacity, whichever is greater.

26         9.  An increase in the number of dwelling units by 5

27  percent or 50 dwelling units, whichever is greater.

28         10.  An increase in commercial development by 50,000

29  square feet of gross floor area or of parking spaces provided

30  for customers for 300 cars or a 5-percent increase of either

31  of these, whichever is greater.

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 1         11.  An increase in hotel or motel facility units by 5

 2  percent or 75 units, whichever is greater.

 3         12.  An increase in a recreational vehicle park area by

 4  5 percent or 100 vehicle spaces, whichever is less.

 5         13.  A decrease in the area set aside for open space of

 6  5 percent or 20 acres, whichever is less.

 7         14.  A proposed increase to an approved multiuse

 8  development of regional impact where the sum of the increases

 9  of each land use as a percentage of the applicable substantial

10  deviation criteria is equal to or exceeds 100 percent. The

11  percentage of any decrease in the amount of open space shall

12  be treated as an increase for purposes of determining when 100

13  percent has been reached or exceeded.

14         15.  A 15-percent increase in the number of external

15  vehicle trips generated by the development above that which

16  was projected during the original

17  development-of-regional-impact review.

18         16.  Any change which would result in development of

19  any area which was specifically set aside in the application

20  for development approval or in the development order for

21  preservation or special protection of endangered or threatened

22  plants or animals designated as endangered, threatened, or

23  species of special concern and their habitat, primary dunes,

24  or archaeological and historical sites designated as

25  significant by the Division of Historical Resources of the

26  Department of State. The further refinement of such areas by

27  survey shall be considered under sub-subparagraph (e)5.b.

28  

29  The substantial deviation numerical standards in subparagraphs

30  4., 6., 10., 14., excluding residential uses, and 15., are

31  increased by 100 percent for a project certified under s.

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 1  403.973 which creates jobs and meets criteria established by

 2  the Office of Tourism, Trade, and Economic Development as to

 3  its impact on an area's economy, employment, and prevailing

 4  wage and skill levels. The substantial deviation numerical

 5  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

 6  increased by 50 percent for a project located wholly within an

 7  urban infill and redevelopment area designated on the

 8  applicable adopted local comprehensive plan future land use

 9  map and not located within the coastal high hazard area.

10         (e)1.  Except for a development order rendered pursuant

11  to subsection (22) or subsection (25), a proposed change to a

12  development order that individually or cumulatively with any

13  previous change is less than any numerical criterion contained

14  in subparagraphs (b)1.-15. and does not exceed any other

15  criterion, or that involves an extension of the buildout date

16  of a development, or any phase thereof, of less than 5 years

17  is not subject to the public hearing requirements of

18  subparagraph (f)3., and is not subject to a determination

19  pursuant to subparagraph (f)5. Notice of the proposed change

20  shall be made to the regional planning council and the state

21  land planning agency. Such notice shall include a description

22  of previous individual changes made to the development,

23  including changes previously approved by the local government,

24  and shall include appropriate amendments to the development

25  order.

26         2.  The following changes, individually or cumulatively

27  with any previous changes, are not substantial deviations:

28         a.  Changes in the name of the project, developer,

29  owner, or monitoring official.

30  

31  

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 1         b.  Changes to a setback that do not affect noise

 2  buffers, environmental protection or mitigation areas, or

 3  archaeological or historical resources.

 4         c.  Changes to minimum lot sizes.

 5         d.  Changes in the configuration of internal roads that

 6  do not affect external access points.

 7         e.  Changes to the building design or orientation that

 8  stay approximately within the approved area designated for

 9  such building and parking lot, and which do not affect

10  historical buildings designated as significant by the Division

11  of Historical Resources of the Department of State.

12         f.  Changes to increase the acreage in the development,

13  provided that no development is proposed on the acreage to be

14  added.

15         g.  Changes to eliminate an approved land use, provided

16  that there are no additional regional impacts.

17         h.  Changes required to conform to permits approved by

18  any federal, state, or regional permitting agency, provided

19  that these changes do not create additional regional impacts.

20         i.  Any renovation or redevelopment of development

21  within a previously approved development of regional impact

22  which does not change land use or increase density or

23  intensity of use.

24         j.  Any other change which the state land planning

25  agency agrees in writing is similar in nature, impact, or

26  character to the changes enumerated in sub-subparagraphs a.-i.

27  and which does not create the likelihood of any additional

28  regional impact.

29  

30  This subsection does not require a development order amendment

31  for any change listed in sub-subparagraphs a.-j. unless such

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 1  issue is addressed either in the existing development order or

 2  in the application for development approval, but, in the case

 3  of the application, only if, and in the manner in which, the

 4  application is incorporated in the development order.

 5         3.  Except for the change authorized by

 6  sub-subparagraph 2.f., any addition of land not previously

 7  reviewed or any change not specified in paragraph (b) or

 8  paragraph (c) shall be presumed to create a substantial

 9  deviation.  This presumption may be rebutted by clear and

10  convincing evidence.

11         4.  Any submittal of a proposed change to a previously

12  approved development shall include a description of individual

13  changes previously made to the development, including changes

14  previously approved by the local government.  The local

15  government shall consider the previous and current proposed

16  changes in deciding whether such changes cumulatively

17  constitute a substantial deviation requiring further

18  development-of-regional-impact review.

19         5.  The following changes to an approved development of

20  regional impact shall be presumed to create a substantial

21  deviation.  Such presumption may be rebutted by clear and

22  convincing evidence.

23         a.  A change proposed for 15 percent or more of the

24  acreage to a land use not previously approved in the

25  development order.  Changes of less than 15 percent shall be

26  presumed not to create a substantial deviation.

27         b.  Except for the types of uses listed in subparagraph

28  (b)16., any change which would result in the development of

29  any area which was specifically set aside in the application

30  for development approval or in the development order for

31  preservation, buffers, or special protection, including

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 1  habitat for plant and animal species, archaeological and

 2  historical sites, dunes, and other special areas.

 3         c.  Notwithstanding any provision of paragraph (b) to

 4  the contrary, a proposed change consisting of simultaneous

 5  increases and decreases of at least two of the uses within an

 6  authorized multiuse development of regional impact which was

 7  originally approved with three or more uses specified in s.

 8  380.0651(3)(c), (d), (f), and (g) and residential use.

 9         Section 134.  Paragraph (a) of subsection (3) and

10  paragraph (a) of subsection (6) of section 380.061, Florida

11  Statutes, are amended to read:

12         380.061  The Florida Quality Developments program.--

13         (3)(a)  To be eligible for designation under this

14  program, the developer shall comply with each of the following

15  requirements which is applicable to the site of a qualified

16  development:

17         1.  Have donated or entered into a binding commitment

18  to donate the fee or a lesser interest sufficient to protect,

19  in perpetuity, the natural attributes of the types of land

20  listed below. In lieu of the above requirement, the developer

21  may enter into a binding commitment which runs with the land

22  to set aside such areas on the property, in perpetuity, as

23  open space to be retained in a natural condition or as

24  otherwise permitted under this subparagraph. Under the

25  requirements of this subparagraph, the developer may reserve

26  the right to use such areas for the purpose of passive

27  recreation that is consistent with the purposes for which the

28  land was preserved.

29         a.  Those wetlands and water bodies throughout the

30  state as would be delineated if the provisions of s.

31  373.4145(1)(b) were applied. The developer may use such areas

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 1  for the purpose of site access, provided other routes of

 2  access are unavailable or impracticable; may use such areas

 3  for the purpose of stormwater or domestic sewage management

 4  and other necessary utilities to the extent that such uses are

 5  permitted pursuant to chapter 403; or may redesign or alter

 6  wetlands and water bodies within the jurisdiction of the

 7  Department of Environmental Protection which have been

 8  artificially created, if the redesign or alteration is done so

 9  as to produce a more naturally functioning system.

10         b.  Active beach or primary and, where appropriate,

11  secondary dunes, to maintain the integrity of the dune system

12  and adequate public accessways to the beach. However, the

13  developer may retain the right to construct and maintain

14  elevated walkways over the dunes to provide access to the

15  beach.

16         c.  Known archaeological sites determined to be of

17  significance by the Division of Historical Resources of the

18  Department of State.

19         d.  Areas known to be important to animal species

20  designated as endangered or threatened animal species by the

21  United States Fish and Wildlife Service or by the Fish and

22  Wildlife Conservation Commission, for reproduction, feeding,

23  or nesting; for traveling between such areas used for

24  reproduction, feeding, or nesting; or for escape from

25  predation.

26         e.  Areas known to contain plant species designated as

27  endangered plant species by the Department of Agriculture and

28  Consumer Services.

29         2.  Produce, or dispose of, no substances designated as

30  hazardous or toxic substances by the United States

31  Environmental Protection Agency or by the Department of

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 1  Environmental Protection or the Department of Agriculture and

 2  Consumer Services. This subparagraph is not intended to apply

 3  to the production of these substances in nonsignificant

 4  amounts as would occur through household use or incidental use

 5  by businesses.

 6         3.  Participate in a downtown reuse or redevelopment

 7  program to improve and rehabilitate a declining downtown area.

 8         4.  Incorporate no dredge and fill activities in, and

 9  no stormwater discharge into, waters designated as Class II,

10  aquatic preserves, or Outstanding Florida Waters, except as

11  activities in those waters are permitted pursuant to s.

12  403.813(2) and the developer demonstrates that those

13  activities meet the standards under Class II waters,

14  Outstanding Florida Waters, or aquatic preserves, as

15  applicable.

16         5.  Include open space, recreation areas, Xeriscape as

17  defined in s. 373.185, and energy conservation and minimize

18  impermeable surfaces as appropriate to the location and type

19  of project.

20         6.  Provide for construction and maintenance of all

21  onsite infrastructure necessary to support the project and

22  enter into a binding commitment with local government to

23  provide an appropriate fair-share contribution toward the

24  offsite impacts which the development will impose on publicly

25  funded facilities and services, except offsite transportation,

26  and condition or phase the commencement of development to

27  ensure that public facilities and services, except offsite

28  transportation, will be available concurrent with the impacts

29  of the development. For the purposes of offsite transportation

30  impacts, the developer shall comply, at a minimum, with the

31  standards of the state land planning agency's

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 1  development-of-regional-impact transportation rule, the

 2  approved strategic regional policy plan, any applicable

 3  regional planning council transportation rule, and the

 4  approved local government comprehensive plan and land

 5  development regulations adopted pursuant to part II of chapter

 6  163.

 7         7.  Design and construct the development in a manner

 8  that is consistent with the adopted state plan, the applicable

 9  strategic regional policy plan, and the applicable adopted

10  local government comprehensive plan.

11         (6)(a)  In the event that the development is not

12  designated under subsection (5), the developer may appeal that

13  determination to the Quality Developments Review Board. The

14  board shall consist of the secretary of the state land

15  planning agency, the Secretary of Environmental Protection and

16  a member designated by the secretary, the Secretary of

17  Transportation, the executive director of the Fish and

18  Wildlife Conservation Commission, the executive director of

19  the appropriate water management district created pursuant to

20  chapter 373, and the chief executive officer of the

21  appropriate local government. When there is a significant

22  historical or archaeological site within the boundaries of a

23  development which is appealed to the board, the Secretary

24  director of the Division of Historical Resources of the

25  Department of State shall also sit on the board. The staff of

26  the state land planning agency shall serve as staff to the

27  board.

28         Section 135.  Section 380.285, Florida Statutes, is

29  amended to read:

30         380.285  Lighthouses; study; preservation;

31  funding.--The Department of Community Affairs and the Division

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 1  of Historical Resources of the Department of State shall

 2  undertake a study of the lighthouses in the state. The study

 3  must determine the location, ownership, condition, and

 4  historical significance of all lighthouses in the state and

 5  ensure that all historically significant lighthouses are

 6  nominated for inclusion on the National Register of Historic

 7  Places. The study must assess the condition and restoration

 8  needs of historic lighthouses and develop plans for

 9  appropriate future public access and use. The Department of

10  State Division of Historical Resources shall take a leadership

11  role in implementing plans to stabilize lighthouses and

12  associated structures and to preserve and protect them from

13  future deterioration. When possible, the lighthouses and

14  associated buildings should be made available to the public

15  for educational and recreational purposes. The Department of

16  State shall request in its annual legislative budget requests

17  funding necessary to carry out the duties and responsibilities

18  specified in this act. Funds for the rehabilitation of

19  lighthouses should be allocated through matching grants-in-aid

20  to state and local government agencies and to nonprofit

21  organizations. The Department of Environmental Protection may

22  assist the Department of State Division of Historical

23  Resources in projects to accomplish the goals and activities

24  described in this section.

25         Section 136.  Paragraph (a) of subsection (2) of

26  section 403.941, Florida Statutes, is amended to read:

27         403.941  Preliminary statements of issues, reports, and

28  studies.--

29         (2)(a)  The affected agencies shall prepare reports as

30  provided in this paragraph and shall submit them to the

31  

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 1  department and the applicant within 60 days after the

 2  application is determined sufficient:

 3         1.  The department shall prepare a report as to the

 4  impact of each proposed natural gas transmission pipeline or

 5  corridor as it relates to matters within its jurisdiction.

 6         2.  Each water management district in the jurisdiction

 7  of which a proposed natural gas transmission pipeline or

 8  corridor is to be located shall prepare a report as to the

 9  impact on water resources and other matters within its

10  jurisdiction.

11         3.  The Department of Community Affairs shall prepare a

12  report containing recommendations which address the impact

13  upon the public of the proposed natural gas transmission

14  pipeline or corridor, based on the degree to which the

15  proposed natural gas transmission pipeline or corridor is

16  consistent with the applicable portions of the state

17  comprehensive plan and other matters within its jurisdiction.

18  The Department of Community Affairs may also comment on the

19  consistency of the proposed natural gas transmission pipeline

20  or corridor with applicable strategic regional policy plans or

21  local comprehensive plans and land development regulations.

22         4.  The Fish and Wildlife Conservation Commission shall

23  prepare a report as to the impact of each proposed natural gas

24  transmission pipeline or corridor on fish and wildlife

25  resources and other matters within its jurisdiction.

26         5.  Each local government in which the natural gas

27  transmission pipeline or natural gas transmission pipeline

28  corridor will be located shall prepare a report as to the

29  impact of each proposed natural gas transmission pipeline or

30  corridor on matters within its jurisdiction, including the

31  consistency of the proposed natural gas transmission pipeline

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 1  or corridor with all applicable local ordinances, regulations,

 2  standards, or criteria that apply to the proposed natural gas

 3  transmission pipeline or corridor, including local

 4  comprehensive plans, zoning regulations, land development

 5  regulations, and any applicable local environmental

 6  regulations adopted pursuant to s. 403.182 or by other means.

 7  No change by the responsible local government or local agency

 8  in local comprehensive plans, zoning ordinances, or other

 9  regulations made after the date required for the filing of the

10  local government's report required by this section shall be

11  applicable to the certification of the proposed natural gas

12  transmission pipeline or corridor unless the certification is

13  denied or the application is withdrawn.

14         6.  Each regional planning council in which the natural

15  gas transmission pipeline or natural gas transmission pipeline

16  corridor will be located shall present a report containing

17  recommendations that address the impact upon the public of the

18  proposed natural gas transmission pipeline or corridor, based

19  on the degree to which the natural gas transmission pipeline

20  or corridor is consistent with the applicable provisions of

21  the strategic regional policy plan adopted pursuant to chapter

22  186 and other impacts of each proposed natural gas

23  transmission pipeline or corridor on matters within its

24  jurisdiction.

25         7.  The Department of Transportation shall prepare a

26  report on the effect of the natural gas transmission pipeline

27  or natural gas transmission pipeline corridor on matters

28  within its jurisdiction, including roadway crossings by the

29  pipeline. The report shall contain at a minimum:

30         a.  A report by the applicant to the department stating

31  that all requirements of the department's utilities

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 1  accommodation guide have been or will be met in regard to the

 2  proposed pipeline or pipeline corridor; and

 3         b.  A statement by the department as to the adequacy of

 4  the report to the department by the applicant.

 5         8.  The Department of State, Division of Historical

 6  Resources, shall prepare a report on the impact of the natural

 7  gas transmission pipeline or natural gas transmission pipeline

 8  corridor on matters within its jurisdiction over historical

 9  resources.

10         9.  The commission shall prepare a report addressing

11  matters within its jurisdiction. The commission's report shall

12  include its determination of need issued pursuant to s.

13  403.9422.

14         Section 137.  Paragraph (a) of subsection (4) of

15  section 403.9411, Florida Statutes, is amended to read:

16         403.9411  Notice; proceedings; parties and

17  participants.--

18         (4)(a)  Parties to the proceeding shall be:

19         1.  The applicant.

20         2.  The department.

21         3.  The commission.

22         4.  The Department of Community Affairs.

23         5.  The Fish and Wildlife Conservation Commission.

24         6.  Each water management district in the jurisdiction

25  of which the proposed natural gas transmission pipeline or

26  corridor is to be located.

27         7.  The local government.

28         8.  The regional planning council.

29         9.  The Department of Transportation.

30         10.  The Department of State, Division of Historical

31  Resources.

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 1         Section 138.  Paragraph (h) of subsection (1) of

 2  section 413.011, Florida Statutes, is amended to read:

 3         413.011  Division of Blind Services, internal

 4  organizational structure; Advisory Council for the Blind.--

 5         (1)  The internal organizational structure of the

 6  Division of Blind Services shall be designed for the purpose

 7  of ensuring the greatest possible efficiency and effectiveness

 8  of services to the blind and to be consistent with chapter 20.

 9  The Division of Blind Services shall plan, supervise, and

10  carry out the following activities:

11         (h)  Cooperate with other agencies, public or private,

12  especially the Division of the Blind and Physically

13  Handicapped of the Library of Congress and the Office of State

14  Library, Archives, and Records Division of Library and

15  Information Services of the Department of State, to provide

16  library service to the blind and other handicapped persons as

17  defined in federal law and regulations in carrying out any or

18  all of the provisions of this law.

19         Section 139.  Paragraph (f) of subsection (5) of

20  section 443.004, Florida Statutes, is amended to read:

21         445.004  Workforce Florida, Inc.; creation; purpose;

22  membership; duties and powers.--

23         (5)  Workforce Florida, Inc., shall have all the powers

24  and authority, not explicitly prohibited by statute, necessary

25  or convenient to carry out and effectuate the purposes as

26  determined by statute, Pub. L. No. 105-220, and the Governor,

27  as well as its functions, duties, and responsibilities,

28  including, but not limited to, the following:

29         (f)  Archiving records with the Office of State

30  Library, Archives, and Records Bureau of Archives and Records

31  

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 1  Management of the Division of Library and Information Services

 2  of the Department of State.

 3         Section 140.  Subsection (4) of section 468.401,

 4  Florida Statutes, is amended to read:

 5         468.401  Regulation of talent agencies;

 6  definitions.--As used in this part or any rule adopted

 7  pursuant hereto:

 8         (4)  "Engagement" means any employment or placement of

 9  an artist, where the artist performs in his or her artistic

10  capacity. However, the term "engagement" shall not apply to

11  procuring opera, music, theater, or dance engagements for any

12  organization defined in s. 501(c)(3) of the Internal Revenue

13  Code or any nonprofit Florida arts organization that has

14  received a grant from the Division of Cultural Affairs or the

15  Art and History Programs Office of the Department of State or

16  has participated in the state touring program of the division

17  or the office of Cultural Affairs.

18         Section 141.  Subsection (21) of section 561.01,

19  Florida Statutes, is amended to read:

20         561.01  Definitions.--As used in the Beverage Law:

21         (21)  For purposes of license qualification pursuant to

22  s. 561.20(2)(a)1. the term "historic structure" means a

23  structure that is listed on the National Register of Historic

24  Places pursuant to the National Historic Preservation Act of

25  1966, or is within and contributes to a registered historic

26  district pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been

27  found to meet the criteria of historical significance of the

28  Division of Historical Resources of the Department of State,

29  as certified by that department division or by a locally

30  established historic preservation board or commission, or like

31  body, which has been granted authority to designate

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 1  historically significant properties by the jurisdiction within

 2  which the hotel or motel is located.

 3         Section 142.  Subsection (3) of section 872.02, Florida

 4  Statutes, is amended to read:

 5         872.02  Injuring or removing tomb or monument;

 6  disturbing contents of grave or tomb; penalties.--

 7         (3)  This section shall not apply to any person acting

 8  under the direction or authority of the Division of Historical

 9  Resources of the Department of State, to cemeteries operating

10  under chapter 497, or to any person otherwise authorized by

11  law to remove or disturb a tomb, monument, gravestone, burial

12  mound, or similar structure, or its contents, as described in

13  subsection (1).

14         Section 143.  Paragraphs (c) and (e) of subsection (2),

15  paragraphs (b) and (c) of subsection (4), paragraph (c) of

16  subsection (5), subsections (6), (7), and (8), and paragraph

17  (c) of subsection (10) of section 872.05, Florida Statutes,

18  are amended to read:

19         872.05  Unmarked human burials.--

20         (2)  DEFINITIONS.--As used in this section:

21         (c)  "Department" "Division" means the Division of

22  Historical Resources of the Department of State.

23         (e)  "State Archaeologist" means the person employed by

24  the department division pursuant to s. 267.031(6).

25         (4)  DISCOVERY OF AN UNMARKED HUMAN BURIAL OTHER THAN

26  DURING AN ARCHAEOLOGICAL EXCAVATION.--When an unmarked human

27  burial is discovered other than during an archaeological

28  excavation authorized by the state or an educational

29  institution, all activity that may disturb the unmarked human

30  burial shall cease immediately, and the district medical

31  examiner shall be notified. Such activity shall not resume

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 1  unless specifically authorized by the district medical

 2  examiner or the State Archaeologist.

 3         (b)  If the district medical examiner finds that the

 4  unmarked human burial is not involved in a legal investigation

 5  and represents the burial of an individual who has been dead

 6  75 years or more, he or she shall notify the State

 7  Archaeologist, and the department division may assume

 8  jurisdiction over and responsibility for the unmarked human

 9  burial pursuant to subsection (6).

10         (c)  When the department division assumes jurisdiction

11  over an unmarked human burial, the State Archaeologist shall

12  consult a human skeletal analyst who shall report within 15

13  days as to the cultural and biological characteristics of the

14  human skeletal remains and where such burial or remains should

15  be held prior to a final disposition.

16         (5)  DISCOVERY OF AN UNMARKED HUMAN BURIAL DURING AN

17  ARCHAEOLOGICAL EXCAVATION.--

18         (c)  Within 15 days after the discovery of an unmarked

19  human burial, the archaeologist conducting the excavation

20  shall report to the State Archaeologist his or her opinion

21  regarding the cultural and biological characteristics of the

22  unmarked human burial and where human skeletal remains and

23  associated burial artifacts should be held prior to a final

24  disposition. The department division may assume jurisdiction

25  over and responsibility for the unmarked human burial pursuant

26  to subsection (6).

27         (6)  JURISDICTION; DUTIES OF THE STATE

28  ARCHAEOLOGIST.--The department division may assume

29  jurisdiction over and responsibility for an unmarked human

30  burial in order to initiate efforts for the proper protection

31  of the burial and the human skeletal remains and associated

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 1  burial artifacts.  Whenever the department division assumes

 2  jurisdiction over and responsibility for an unmarked human

 3  burial, the State Archaeologist shall:

 4         (a)  Determine whether the unmarked human burial is

 5  historically, archaeologically, or scientifically significant.

 6  If the burial is deemed significant, reinterment may not occur

 7  until the remains have been examined by a human skeletal

 8  analyst designated by the State Archaeologist.

 9         (b)  Make reasonable efforts to identify and locate

10  persons who can establish direct kinship, tribal, community,

11  or ethnic relationships with the individual or individuals

12  whose remains constitute the unmarked human burial. If

13  possible, the State Archaeologist shall consult with the

14  closest related family member or recognized community leaders,

15  if a community or ethnic relationship is established, in

16  determining the proper disposition of the remains found in the

17  unmarked human burial.

18         (c)  If he or she is unable to establish a kinship,

19  tribal, community, or ethnic relationship with the unmarked

20  human burial, determine the proper disposition of the burial

21  and consult with persons with relevant experience, including:

22         1.  A human skeletal analyst.

23         2.  Two Native American members of current state tribes

24  recommended by the Governor's Council on Indian Affairs, Inc.,

25  if the remains are those of a Native American.

26         3.  Two representatives of related community or ethnic

27  groups if the remains are not those of a Native American.

28         4.  An individual who has special knowledge or

29  experience regarding the particular type of the unmarked human

30  burial.

31  

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 1  If the State Archaeologist finds that an unmarked human burial

 2  is historically, archaeologically, or scientifically

 3  significant and if the parties with whom he or she is required

 4  under this subsection to consult agree, the human skeletal

 5  remains and the associated burial artifacts thereof shall

 6  belong to the state with title thereto vested in the

 7  department division.

 8         (7)  REPORT REQUIRED.--The archaeologist and human

 9  skeletal analyst involved in the archaeological excavation and

10  scientific analysis of an unmarked human burial shall submit a

11  written report of archaeological and scientific findings as

12  well as a summary of such findings, in terms that may be

13  understood by laypersons, to the State Archaeologist within 2

14  years after completion of an excavation.  The department

15  division shall publish the summary within 1 year after its

16  receipt and shall make such report available upon request.

17         (8)  PUBLIC DISPLAY.--

18         (a)  Associated burial artifacts may be made available

19  on loan by the department division for educational purposes to

20  institutions that have demonstrated an ability to provide

21  safe, proper, and respectful care.

22         (b)  The department division shall develop guidelines

23  and adopt rules regarding the public display of human remains.

24  Such guidelines and rules shall not restrict legal, medical,

25  or educational use of human skeletal remains, or the display

26  of human skeletal remains in a manner not objectionable to

27  groups with a kinship, tribal, community, or ethnic

28  relationship to the individual whose remains are displayed.

29         (10)  VIOLATION AND PENALTIES.--

30         (c)  This subsection shall not apply to any person

31  acting under the direction or authority of the department

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 1  division or to any person otherwise authorized by law to

 2  disturb, destroy, or remove an unmarked human burial.

 3         Section 144.  Section 943.1728, Florida Statutes, is

 4  amended to read:

 5         943.1728  Basic skills training relating to the

 6  protection of archaeological sites.--The commission shall

 7  establish standards for instruction of law enforcement

 8  officers in the subject of skills relating to the protection

 9  of archaeological sites and artifacts. In developing such

10  standards and skills, the commission shall consult with

11  representatives of the following agencies: the Division of

12  Historical Resources of the Department of State, the Fish and

13  Wildlife Conservation Commission, and the Department of

14  Environmental Protection. The commission shall develop the

15  standards for training in any of the following:  basic recruit

16  courses, advanced and specialized courses, or other

17  appropriate training courses as determined by the commission.

18         Section 145.  Subsection (1) and paragraph (b) of

19  subsection (3) of section 1004.51, Florida Statutes, are

20  amended to read:

21         1004.51  Community and Faith-based Organizations

22  Initiative; Community and Library Technology Access

23  Partnership.--

24         (1)  CREATION.--There is created the Community and

25  Faith-based Organizations Initiative which shall be

26  administered by the Institute on Urban Policy and Commerce at

27  Florida Agricultural and Mechanical University and the

28  Community and Library Technology Access Partnership which

29  shall be administered by the Office of State Library,

30  Archives, and Records Division of Library and Information

31  Services of the Department of State.

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 1         (3)  AUTHORIZED ACTIVITIES.--

 2         (b)  Authorized activities of the partnership.--The

 3  Office of State Library, Archives, and Records Division of

 4  Library and Information Services of the Department of State

 5  may conduct the following activities as part of the Community

 6  and Library Technology Access Partnership:

 7         1.  Provide funding for e-rate eligible public

 8  libraries to provide technology access and training to

 9  community and faith-based organizations. Funding provided

10  under this subparagraph must be for eligible public libraries

11  in distressed communities in the state. The office division

12  shall consult with the Institute on Urban Policy and Commerce

13  to identify such communities and to develop criteria to be

14  used in evaluating funding proposals. The office division

15  shall coordinate with the institute to ensure that, to the

16  maximum extent possible, the office division and the institute

17  leverage their resources under the programs authorized by this

18  section in order to focus efforts on addressing the most

19  distressed communities in the state. The office division shall

20  include a representative of the institute on a review team to

21  evaluate funding proposals under this subparagraph.

22         2.  Provide a method of assessment and outcome

23  measurement for e-rate eligible public libraries to assess

24  progress in closing the digital divide and in training for

25  individuals to succeed in the emerging information economy.

26         Section 146.  Subsection (2) of section 1004.52,

27  Florida Statutes, is amended to read:

28         1004.52  Community computer access grant program.--

29         (2)  Subject to legislative appropriation, there is

30  created the Community High-Technology Investment Partnership

31  (CHIP) program to assist distressed urban communities in

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 1  securing computers for access by youths between the ages of 5

 2  years and 18 years who reside in these communities. The

 3  program shall be administered by the Institute on Urban Policy

 4  and Commerce at Florida Agricultural and Mechanical University

 5  pursuant to a performance-based contract with the Office of

 6  State Library, Archives, and Records Division of Library and

 7  Information Services of the Department of State. The office

 8  division shall develop performance measures, standards, and

 9  sanctions for the program. Performance measures must include,

10  but are not limited to: the number of youths obtaining access

11  to computers purchased under this program; the number of hours

12  computers are made available to youths; and the number of

13  hours spent by youths on computers purchased under this

14  program for educational purposes. The administrative costs for

15  administration of this program cannot exceed 10 percent of the

16  amount appropriated to the office division for the program.

17         Section 147.  Paragraph (a) of subsection (1) of

18  section 1004.94, Florida Statutes, is amended to read:

19         1004.94  Adult literacy.--

20         (1)(a)  An adult, individualized literacy instruction

21  program is created for adults who possess literacy skills

22  below the ninth grade level. The purpose of the program is to

23  provide self-paced, competency-based, individualized tutorial

24  instruction. The commissioner shall administer this section in

25  coordination with community college boards of trustees, local

26  school boards, and the Office of State Library, Archives, and

27  Records Division of Library and Information Services of the

28  Department of State.

29         Section 148.  Paragraph (g) of subsection (1) of

30  section 1013.64, Florida Statutes, is amended to read:

31  

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 1         1013.64  Funds for comprehensive educational plant

 2  needs; construction cost maximums for school district capital

 3  projects.--Allocations from the Public Education Capital

 4  Outlay and Debt Service Trust Fund to the various boards for

 5  capital outlay projects shall be determined as follows:

 6         (1)

 7         (g)  When an existing educational plant is determined

 8  to be unsatisfactory pursuant to the survey conducted under s.

 9  1013.31, the board may, by resolution, designate the plant as

10  a historic educational facility and may use funds generated

11  for renovation and remodeling pursuant to this section to

12  restore the facility for use by the board. The board shall

13  agree to pay renovation and remodeling costs in excess of

14  funds which such facility would have generated through the

15  depreciation formula in paragraph (a) had the facility been

16  determined to be satisfactory. The board shall further agree

17  that the plant shall continue to house students. The board may

18  designate a plant as a historic educational facility only if

19  the Division of Historical Resources of the Department of

20  State or the appropriate historic preservation board under

21  chapter 266 certifies that:

22         1.  The plant is listed or determined eligible for

23  listing in the National Register of Historic Places pursuant

24  to the National Historic Preservation Act of 1966, as amended,

25  16 U.S.C. s. 470;

26         2.  The plant is designated historic within a certified

27  local district pursuant to s. 48(g)(3)(B)(ii) of the Internal

28  Revenue Code; or

29         3.  The department division or historic preservation

30  board otherwise finds that the plant is historically

31  significant.

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 1         Section 149.  Section 257.015, Florida Statutes, is

 2  created to read:

 3         257.015  Definitions.--As used in this chapter, the

 4  term:

 5         (1)  "Department" means the Department of State.

 6         (2)  "Secretary" means the Secretary of State.

 7         (3)  "Director" means the Program Director of the

 8  Office of State Library, Archives, and Records Services.

 9         (4)  "State librarian" means the position to which a

10  person is appointed by the secretary pursuant to s. 257.031 as

11  head of the Office of State Library, Archives, and Records

12  Services.

13         Section 150.  Sections 265.51, 265.52, 265.53, 265.54,

14  265.55, and 265.56, Florida Statutes, are repealed.

15         Section 151.  This act shall take effect July 1, 2004.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Reorganizes the Department of State, abolishing divisions
      as subunits of the department and providing for offices
20    to serve as the principal policy and program development
      unit. Conforms statutory terminology to such
21    reorganization. Revises certain duties of the department.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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