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Senate Bill 1652

Senate Bill sb1652c1

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    Florida Senate - 2004                               CS/SB 1652

    By the Committee on Governmental Oversight and Productivity;
    and Senator Wise




    5-2484C-04

  1                      A bill to be entitled

  2         An act relating to the Department of State;

  3         amending s. 20.10, F.S.; reorganizing the

  4         department; providing for an Assistant

  5         Secretary of State and deputy secretaries;

  6         renaming the Division of Corporations;

  7         providing for a Bureau of Central Computing

  8         Support Services; providing direction relating

  9         to departmental grants processes and programs;

10         prohibiting changes to statutorily required

11         responsibilities and duties without specific

12         statutory revision; amending ss. 119.092,

13         205.023, 213.053, 213.50, 440.02, 440.05,

14         607.0401, 607.1506, 617.0401, 617.1506,

15         620.103, and 865.09, F.S., to conform; amending

16         s. 14.2015, F.S.; providing for the performance

17         of state protocol officer functions and the

18         provision of assistance and facilities to the

19         Organization of American States by the Officer

20         of Tourism, Trade, and Economic Development;

21         amending s. 15.16, F.S.; deleting specific

22         statutory citations for required filings of

23         records that may be required to be filed

24         electronically; amending s. 15.182, F.S.;

25         providing for notification of the Office of

26         Tourism, Trade, and Economic Development

27         regarding international travel by certain

28         cultural arts organizations; creating s.

29         257.015, F.S.; providing definitions; amending

30         s. 257.02, F.S.; revising the membership of the

31         State Library Council; increasing the size of

                                  1

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    Florida Senate - 2004                               CS/SB 1652
    5-2484C-04




 1         the council; providing criteria for membership

 2         and a selection process; providing for election

 3         of officers; amending s. 257.031, F.S.;

 4         deleting a reference to the State Library

 5         Council and provisions for officers; adding

 6         responsibilities for the State Librarian;

 7         amending s. 257.12, F.S.; designating the

 8         Division of Library and Information Services as

 9         the state library administrative agency;

10         amending s. 257.192, F.S.; correcting

11         provisions; amending s. 257.41, F.S.; deleting

12         a requirement for issuance of a certificate to

13         library cooperatives; creating s. 257.43, F.S.;

14         providing for the establishment of a citizens

15         support organization for certain purposes;

16         providing for use of administrative services

17         and property; requiring an annual audit;

18         creating s. 257.44, F.S.; defining terms;

19         requiring public libraries to provide

20         technology that protects against Internet

21         access to specified proscribed visual

22         depictions; allowing adults to request

23         disablement of the technology for specified

24         purposes; requiring a public library to post

25         notice of its Internet safety policy; providing

26         for the assessment of a fine and attorney's

27         fees and costs in connection with a violation

28         by a public library; directing the Division of

29         Library and Information Services within the

30         Department of State to adopt rules requiring a

31         written attestation under penalty of perjury of

                                  2

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    Florida Senate - 2004                               CS/SB 1652
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 1         compliance as a condition of state funding;

 2         providing that no cause of action arises for a

 3         violation by a public library except as

 4         provided; providing a finding of important

 5         state interest; amending s. 265.284, F.S.;

 6         designating the Division of Cultural Affairs as

 7         the state arts administrative agency; deleting

 8         obsolete provisions; amending s. 265.2865,

 9         F.S.; deleting obsolete provisions; amending s.

10         265.606, F.S.; requiring post audits; amending

11         ss. 265.701 and 265.702, F.S.; requiring

12         recordation of covenants; requiring that a

13         facility continue to be used as a cultural

14         facility for a specified period; providing

15         penalties; creating s. 265.703, F.S.; providing

16         for the establishment of a citizens support

17         organization for certain purposes; providing

18         for the use of administrative services and

19         property; requiring an annual audit; amending

20         s. 267.0612, F.S.; providing for continuation

21         as a member of the Florida Historical

22         Commission until a replacement is appointed;

23         amending s. 267.0731, F.S.; deleting obsolete

24         provisions; repealing s. 267.16(3), F.S.;

25         deleting obsolete provisions; amending ss.

26         288.0251, 288.809, and 288.816, F.S., relating

27         to international development outreach

28         activities in Latin America and the Caribbean

29         Basin, the Florida Intergovernmental Relations

30         Foundation, and intergovernmental relations, to

31         conform; amending s. 288.8175, F.S.; redefining

                                  3

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    Florida Senate - 2004                               CS/SB 1652
    5-2484C-04




 1         the term "department" for purposes of linkage

 2         institutes between postsecondary institutions

 3         in this state and foreign countries;

 4         transferring the provision of assistance and

 5         facilities to the Organization of American

 6         States, state protocol officer functions,

 7         international development outreach activities

 8         in Latin America and the Caribbean Basin, the

 9         Florida Intergovernmental Relations Foundation,

10         and intergovernmental relations functions by a

11         type two transfer from the Department of State

12         to the Executive Office of the Governor;

13         excluding the transfer of certain trust funds;

14         transferring linkage institutes between

15         postsecondary institutions in this state and

16         foreign countries by a type two transfer from

17         the Department of State to the Department of

18         Education; excluding the transfer of certain

19         trust funds; repealing s. 15.0913, F.S.,

20         relating to performance standards for Uniform

21         Commercial Code documents; repealing ss. 15.17

22         and 15.19, F.S., relating to the provision of

23         assistance and facilities to the Organization

24         of American States and the performance of state

25         protocol officer functions; repealing ss.

26         265.51, 265.52, 265.53, 265.54, 265.55, and

27         265.56, F.S., relating to the authority of the

28         department to enter indemnity agreements;

29         providing for severability; providing an

30         effective date.

31  

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    Florida Senate - 2004                               CS/SB 1652
    5-2484C-04




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

 2  

 3         Section 1.  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 two 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 directly responsible to the secretary, shall have

22  oversight of the Division of Historical Resources and the

23  Division of Cultural Affairs, and shall perform such other

24  duties as assigned by the secretary.

25         (c)  The Deputy Secretary for State Records is directly

26  responsible to the secretary, shall have oversight of the

27  Division of Elections, Division of State Recordings, and the

28  Division of Library and Information Services, and shall

29  perform such other duties as assigned by the secretary.

30         (3)(2)  The following divisions of the Department of

31  State are established:

                                  5

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    Florida Senate - 2004                               CS/SB 1652
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 1         (a)  Division of Elections.

 2         (b)  Division of Historical Resources.

 3         (c)  Division of State Recordings Corporations.

 4         (d)  Division of Library and Information Services.

 5         (e)  Division of Cultural Affairs.

 6         (f)  Division of Administration.

 7         1.  Bureau of Central Computing Support Services.

 8         (4)  The department is encouraged to computerize its

 9  grant application and other processes.  The department, to the

10  extent feasible, may cross train employees with grant

11  expertise in the divisions with responsibility for grant

12  awards and shall use uniform grant processes and forms, where

13  appropriate.  The department shall not modify the standards or

14  the program and grant relationships and responsibilities

15  established in law.

16         (5)  Statutorily required duties and responsibilities

17  of and programs assigned to divisions within the department or

18  those required of or assigned to the department shall not be

19  changed without specific statutory revision.

20         (6)(3)  The Department of State may adopt rules

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

22  provisions of law conferring duties upon the department.

23         Section 2.  Subsections (10) and (11) are added to

24  section 14.2015, Florida Statutes, to read:

25         14.2015  Office of Tourism, Trade, and Economic

26  Development; creation; powers and duties.--

27         (10)  The director of the Office of Tourism, Trade, and

28  Economic Development shall serve as the state protocol

29  officer. In consultation with the Governor and other

30  governmental officials, the director of the Office of Tourism,

31  

                                  6

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    Florida Senate - 2004                               CS/SB 1652
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 1  Trade, and Economic Development shall develop, maintain,

 2  publish, and distribute the state protocol manual.

 3         (11) The Legislature authorizes the Office of Tourism,

 4  Trade, and Economic Development to provide assistance and

 5  facilities to the Organization of American States in

 6  establishing and maintaining a regional headquarters in this

 7  state.

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

 9  Statutes, is amended to read:

10         15.16  Reproduction of records; admissibility in

11  evidence; electronic receipt and transmission of records;

12  certification; acknowledgment.--

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

14  electronically any records that are required to be filed with

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

16  608, chapter 617, chapter 620, chapter 621, chapter 679,

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

18  electronic transfers, for the purpose of filing such

19  records.  The originals of all such electronically transmitted

20  records must be executed in the manner provided in paragraph

21  (5)(b). The receipt of such electronic transfer constitutes

22  delivery to the department as required by law.

23         Section 4.  Section 15.182, Florida Statutes, is

24  amended to read:

25         15.182  International travel by state-funded musical,

26  cultural, or artistic organizations; notification to Office of

27  Tourism, Trade, and Economic Development Department of

28  State.--

29         (1)  If a musical, cultural, or artistic organization

30  that receives state funding is traveling internationally for a

31  presentation, performance, or other significant public

                                  7

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    Florida Senate - 2004                               CS/SB 1652
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 1  viewing, including an organization associated with a college

 2  or university, such organization shall notify the Office of

 3  Tourism, Trade, and Economic Development Department of State

 4  of its intentions to travel, together with the date, time, and

 5  location of each appearance.  It is the desire of the

 6  Legislature that such cultural exchanges be coordinated with

 7  the state   s economic development goals.  The Secretary of

 8  State shall notify Enterprise Florida, Inc., of the intended

 9  travel schedule of all such organizations, including, but not

10  limited to, symphonies, troupes, musical performing groups,

11  traveling exhibitions sponsored by museums, and performance

12  artists.

13         (2)  The Office of Tourism, Trade, and Economic

14  Development Department of State, in conjunction with

15  Enterprise Florida, Inc., shall act as an intermediary between

16  performing musical, cultural, and artistic organizations and

17  Florida businesses to encourage and coordinate joint

18  undertakings.  Such coordination may include, but is not

19  limited to, encouraging business and industry to sponsor

20  cultural events, assistance with travel of such organizations,

21  and coordinating travel schedules of cultural performance

22  groups and international trade missions.

23         (3)  An organization shall provide the notification to

24  the Department of State required by this section at least 30

25  days prior to the date the international travel is to commence

26  or, when an intention to travel internationally is not formed

27  at least 30 days in advance of the date the travel is to

28  commence, as soon as feasible after forming such travel

29  intention. The Department of State shall take an active role

30  in informing such groups of the responsibility to notify the

31  department of travel intentions.

                                  8

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    Florida Senate - 2004                               CS/SB 1652
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 1         Section 5.  Section 119.092, Florida Statutes, is

 2  amended to read:

 3         119.092  Registration by federal employer's

 4  registration number.--Each state agency which registers or

 5  licenses corporations, partnerships, or other business

 6  entities shall include, by July 1, 1978, within its numbering

 7  system, the federal employer's identification number of each

 8  corporation, partnership, or other business entity registered

 9  or licensed by it.  Any state agency may maintain a dual

10  numbering system in which the federal employer's

11  identification number or the state agency's own number is the

12  primary identification number; however, the records of such

13  state agency shall be designed in such a way that the record

14  of any business entity is subject to direct location by the

15  federal employer's identification number. The Department of

16  State shall keep a registry of federal employer's

17  identification numbers of all business entities, registered

18  with the Division of State Recordings Corporations, which

19  registry of numbers may be used by all state agencies.

20         Section 6.  Subsection (1) of section 205.023, Florida

21  Statutes, is amended to read:

22         205.023  Requirement to report status of fictitious

23  name registration.--As a prerequisite to receiving a local

24  occupational license under this chapter or transferring a

25  business license under s. 205.033(2) or s. 205.043(2), the

26  applicant or new owner must present to the county or

27  municipality that has jurisdiction to issue or transfer the

28  license either:

29         (1)  A copy of the applicant's or new owner's current

30  fictitious name registration, issued by the Division of State

31  Recordings Corporations of the Department of State; or

                                  9

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    Florida Senate - 2004                               CS/SB 1652
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 1         Section 7.  Paragraph (b) of subsection (7) and

 2  subsection (14) of section 213.053, Florida Statutes, are

 3  amended to read:

 4         213.053  Confidentiality and information sharing.--

 5         (7)  Notwithstanding any other provision of this

 6  section, the department may provide:

 7         (b)  Names, addresses, and dates of commencement of

 8  business activities of corporations to the Division of State

 9  Recordings Corporations of the Department of State in the

10  conduct of its official duties.

11  

12  Disclosure of information under this subsection shall be

13  pursuant to a written agreement between the executive director

14  and the agency. Such agencies, governmental or

15  nongovernmental, shall be bound by the same requirements of

16  confidentiality as the Department of Revenue. Breach of

17  confidentiality is a misdemeanor of the first degree,

18  punishable as provided by s. 775.082 or s. 775.083.

19         (14)(a)  Notwithstanding any other provision of this

20  section, the department shall, subject to the safeguards

21  specified in paragraph (c), disclose to the Division of State

22  Recordings Corporations of the Department of State the name,

23  address, federal employer identification number, and duration

24  of tax filings with this state of all corporate or partnership

25  entities which are not on file or have a dissolved status with

26  the Division of State Recordings Corporations and which have

27  filed tax returns pursuant to either chapter 199 or chapter

28  220.

29         (b)  The Division of State Recordings Corporations

30  shall use such information only in the pursuit of its official

31  duties relative to nonqualified foreign or dissolved

                                  10

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    Florida Senate - 2004                               CS/SB 1652
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 1  corporations in the recovery of fees and penalties due and

 2  owing the state.

 3         (c)  All information exchanged between the Division of

 4  State Recordings Corporations and the department shall be

 5  subject to the same requirements of confidentiality as the

 6  Department of Revenue.

 7         Section 8.  Subsection (2) of section 213.50, Florida

 8  Statutes, is amended to read:

 9         213.50  Failure to comply; revocation of corporate

10  charter; refusal to reinstate charter.--

11         (2)  A request for reinstatement of a corporate charter

12  may not be granted by the Division of State Recordings

13  Corporations of the Department of State if an outstanding tax

14  warrant has existed for that corporation for more than 3

15  consecutive months.

16         Section 9.  Section 257.015, Florida Statutes, is

17  created to read:

18         257.015  Definitions.--As used in this chapter, the

19  term:

20         (1)  "Department" means the Department of State.

21         (2)  "Division" means the Division of Library and

22  Information Services of the Department of State.

23         (3)  "Secretary" means the Secretary of State.

24         (4)  "State librarian" means the position to which a

25  person is appointed by the secretary pursuant to s. 257.031 as

26  the director of the Division of Library and Information

27  Services.

28         Section 10.  Subsections (1) and (3) of section 257.02,

29  Florida Statutes, are amended, and subsection (4) is added to

30  that section, to read:

31         257.02  State Library Council.--

                                  11

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    Florida Senate - 2004                               CS/SB 1652
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 1         (1)  There shall be a State Library Council to advise

 2  and assist the Division of Library and Information Services on

 3  its programs and activities.  The council shall consist of

 4  nine seven members who shall be appointed by the Secretary of

 5  State. Of the nine members, at least one must represent a

 6  Florida library professional association, at least one must

 7  represent a Florida archive professional association, at least

 8  one must represent a Florida records management professional

 9  association, and at least one must be a person who is not, and

10  has never been, employed in a library or in teaching library

11  science courses. At least one member of the council must be a

12  person who is 60 years of age or older; and at least one

13  member of the council must be a person who is not, and has

14  never been, employed in a library or in teaching library

15  science courses. Members shall be appointed for 4-year terms.

16  A vacancy on the council shall be filled for the period of the

17  unexpired term. No person may be appointed to serve more than

18  two consecutive terms as a member of the council. The

19  Secretary of State may remove from office any council member

20  for malfeasance, misfeasance, neglect of duty, incompetence,

21  permanent inability to perform official duties, or pleading

22  guilty or nolo contendere to, or being found guilty of, a

23  felony. In addition to, and at the request of, the members of

24  the council appointed by the Secretary of State, the

25  president-elect of the Florida Library Association may serve

26  as a member of the council in a nonvoting capacity during his

27  or her term as president-elect.

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

29  appointments, consult Florida's library, archival, and records

30  management community, the Florida Library Association and

31  related statewide associations and organizations for

                                  12

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 1  suggestions as to persons having special knowledge and

 2  interest concerning libraries.

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

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

 5  Librarian, who shall serve without voting rights as secretary

 6  of the council.

 7         Section 11.  Section 257.031, Florida Statutes, is

 8  amended to read:

 9         257.031  State Librarian Organization of council;

10  appointment and duties of State Librarian.--

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

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

13  Librarian, who shall serve without voting rights as secretary

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

15  Secretary of State, shall have completed a library school

16  program accredited by the American Library Association, and

17  shall serve as the director of the Division of Library and

18  Information Services of the Department of State.  The

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

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

21         (2)  The State Librarian shall:

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

23  Library Council;

24         (b)  Keep an accurate account of the financial

25  transactions of the division;

26         (c)  Have charge of the work of the division in

27  organizing new libraries and improving those already

28  established; and

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

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

31  and

                                  13

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 1         (e)  Manage operations of the programs assigned by law

 2  to the division.

 3         Section 12.  Section 257.12, Florida Statutes, is

 4  amended to read:

 5         257.12  Division of Library and Information Services

 6  authorized to accept and expend federal funds.--

 7         (1)  The Division of Library and Information Services

 8  of the Department of State is designated as the state library

 9  administrative agency authorized to accept, receive,

10  administer, and expend any moneys, materials, or any other aid

11  granted, appropriated, or made available by the United States

12  or any of its agencies for the purpose of giving aid to

13  libraries and providing educational library service in the

14  state.

15         Section 13.  Section 257.192, Florida Statutes, is

16  amended to read:

17         257.192  Program grants.--The Division of Library and

18  Information Services is authorized to accept and administer

19  appropriations for library program grants and to make such

20  grants in accordance with the Florida long-range plan program

21  for library services.

22         Section 14.  Subsection (2) of section 257.41, Florida

23  Statutes, is amended to read:

24         257.41  Library cooperatives; organization; receipt of

25  state moneys.--

26         (2)  The Division of Library and Information Services

27  of the Department of State shall establish operating standards

28  and rules under which a library cooperative is eligible to

29  receive state moneys. The division shall issue a certificate

30  to each library cooperative that meets the standards and rules

31  established under this subsection.

                                  14

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 1         Section 15.  Section 257.43, Florida Statutes, is

 2  created to read:

 3         257.43  Citizen support organization; use of state

 4  administrative services and property; audit.--

 5         (1)  CITIZEN SUPPORT ORGANIZATION.--The division may

 6  support the establishment of a citizen support organization to

 7  provide assistance, funding, and promotional support for the

 8  library, archives, and records management programs of the

 9  division.  For the purposes of this section, the term "citizen

10  support organization" means an organization that is:

11         (a)  A Florida corporation not for profit incorporated

12  under the provisions of chapter 617 and approved by the

13  Department of State;

14         (b)  Organized and operated to conduct programs and

15  activities; raise funds; request and receive grants, gifts,

16  and bequests of money; acquire, receive, hold, invest, and

17  administer, in its own name, securities, funds, objects of

18  value, or other property, real or personal; and make

19  expenditures to or for the direct or indirect benefit of the

20  division or individual program units of the division;

21         (c)  Determined by the division to be consistent with

22  the goals of the division and in the best interests of the

23  state; and

24         (d)  Approved in writing by the division to operate for

25  the direct or indirect benefit of the division. Such approval

26  shall be given in a letter of agreement from the division.

27         (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

28         (a)  The division may fix and collect charges for the

29  rental of facilities and properties managed by the division

30  and may permit, without charge, appropriate use of

31  administrative services, property, and facilities of the

                                  15

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 1  division by a citizen support organization, subject to the

 2  provisions of this section. Such use must be directly in

 3  keeping with the approved purposes of the citizen support

 4  organization and may not be made at times or places that would

 5  unreasonably interfere with opportunities for the general

 6  public to use such facilities for established purposes. Any

 7  moneys received from rentals of facilities and properties

 8  managed by the division may be held in the operating trust

 9  fund of the division or in a separate depository account in

10  the name of the citizen support organization and subject to

11  the provisions of the letter of agreement with the division.

12         (b)  The division may prescribe by rule any condition

13  with which a citizen support organization shall comply in

14  order to use division administrative services, property, or

15  facilities.

16         (c)  The division shall not permit the use of any

17  administrative services, property, or facilities of the state

18  by a citizen support organization which does not provide equal

19  membership and employment opportunities to all persons

20  regardless of race, color, religion, sex, age, or national

21  origin.

22         (3)  ANNUAL AUDIT.--The citizen support organization

23  shall provide for an annual financial audit in accordance with

24  s. 215.981.

25         Section 16.  Effective October 1, 2004, section 257.44,

26  Florida Statutes, is created to read:

27         257.44  Internet screening in public libraries.--

28         (1)  As used in this section, the term:

29         (a)  "Administrative unit" means the entity designated

30  by a local government body as responsible for the

31  

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 1  administration of all public library locations established or

 2  maintained by that local government body.

 3         (b)  "Child pornography" has the same meaning as in

 4  section 847.001, Florida Statutes.

 5         (c)  "Harmful to minors" means any picture, image,

 6  graphic image file, or other visual depiction that:

 7         1.  Taken as a whole and with respect to minors,

 8  appeals to a prurient interest in nudity, sex, or excretion;

 9         2.  Depicts, describes, or represents, in a patently

10  offensive way with respect to what is suitable for minors, an

11  actual or simulated sexual act or sexual contact, an actual or

12  simulated normal or perverted sexual act, or a lewd exhibition

13  of the genitals; and

14         3.  Taken as a whole, lacks serious literary, artistic,

15  political, or scientific value as to minors.

16         (d)  "Minor" means an individual who is younger than 18

17  years of age.

18         (e)  "Obscene" has the same meaning as in section

19  847.001, Florida Statutes.

20         (f)  "Public computer" means a computer that is made

21  available to the public and that has Internet access.

22         (g)  "Public library" means any library that is open to

23  the public and that is established or maintained by one or

24  more of the following local government bodies in this state:

25  county; municipality; consolidated city-county government;

26  special district; or special tax district. The term "public

27  library" does not include a library that is open to the public

28  and that is established or maintained by a community college

29  or state university.

30  

31  

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 1         (h)  "Reasonable efforts" means the public library, as

 2  required by subsection (2), in its ordinary course of

 3  business:

 4         1.  Is posting its Internet safety policy;

 5         2.  Is using a technology protection measure on all

 6  public computers; and

 7         3.  Disables the technology protection measure upon an

 8  adult's request to use the computer for bona fide research or

 9  other lawful purpose.

10         (i)  "Technology protection measure" means software or

11  equivalent technology that blocks or filters Internet access

12  to the visual depictions that are proscribed under subsection

13  (2).

14         (2)(a)  Each public library shall enforce an Internet

15  safety policy that provides for:

16         1.  Installation and operation of a technology

17  protection measure on all public computers in the public

18  library which protects against access through such computers

19  by adults to visual depictions that are obscene or child

20  pornography and by minors to visual depictions that are

21  obscene, child pornography, or harmful to minors; and

22         2.  Disablement of the technology protection measure by

23  an employee of the public library upon an adult's request to

24  use the computer for bona fide research or other lawful

25  purpose.

26         (b)  Each public library shall post a notice in a

27  conspicuous area of the public library which indicates that an

28  Internet safety policy has been adopted and informs the public

29  that the Internet safety policy is available for review at

30  each public library.

31  

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 1         (c)  A public library may not maintain a list of the

 2  names of adults who request that the technology protection

 3  measure be disabled under this subsection.

 4         (3)(a)  In the event a public library knowingly fails

 5  to make reasonable efforts to comply with subsection (2), a

 6  resident of this state is authorized to seek enforcement as

 7  provided in this subsection. Within 45 days after the

 8  occurrence of a public library's alleged failure to make

 9  reasonable efforts, the resident shall first mail to the head

10  of the applicable administrative unit a notice of intended

11  civil action for enforcement, which shall identify each public

12  library location implicated and shall specify the facts and

13  circumstances alleged to constitute a violation of subsection

14  (2). Within 45 days after the receipt of such notice, the head

15  of the administrative unit shall mail to the resident who

16  provided the notice a written response specifying the efforts,

17  if any, each public library location identified in the notice

18  is making to comply with the requirements of subsection (2).

19  All mailings required by this paragraph shall be certified

20  with return receipt requested.

21         (b)  If the resident does not receive the written

22  response required by paragraph (a) within 60 days after

23  receipt of the notice by the head of the administrative unit,

24  or if the written response fails to indicate that the public

25  library is making reasonable efforts to comply with subsection

26  (2), the resident may bring a civil cause of action in the

27  circuit court of the county in which the administrative unit

28  is located to seek injunctive relief to enforce compliance

29  with subsection (2). In connection with such enforcement, the

30  court shall impose a civil fine upon the administrative unit

31  in the amount of $100 per day per public library location that

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 1  is found to have not made reasonable efforts to comply with

 2  subsection (2). Accrual of the fine shall be for the period

 3  between the date that the head of the administrative unit

 4  received notice of the intended civil action for enforcement

 5  and the date upon which the public library location begins

 6  making reasonable efforts to comply with subsection (2).

 7         (c)  In any civil action brought pursuant to paragraph

 8  (b), attorney's fees and costs awards shall be as follows:

 9         1.  An administrative unit that is fined pursuant to

10  paragraph (b) shall be ordered to pay reasonable attorney's

11  fees and costs to a prevailing resident; or

12         2.  A resident shall be ordered to pay reasonable

13  attorney's fees and costs to an administrative unit if the

14  court finds that the filing of the action was in bad faith or

15  frivolous.

16         (d)  The clerk of the circuit court shall act as the

17  depository for all moneys collected pursuant to this

18  subsection. The clerk may retain a service charge of $1 for

19  each payment received under this subsection. On a monthly

20  basis, the clerk shall transfer the moneys collected pursuant

21  to this subsection to the Department of Revenue for deposit in

22  the Records Management Trust Fund within the Department of

23  State.

24         (4)  The Division of Library and Information Services

25  within the Department of State shall adopt rules pursuant to

26  sections 120.536(1) and 120.54, Florida Statutes, which

27  require the head of each administrative unit to annually

28  attest in writing, under penalty of perjury, that all public

29  library locations within the administrative unit are in

30  compliance with subsection (2), as a condition of the receipt

31  

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 1  of any state funds distributed under chapter 257, Florida

 2  Statutes.

 3         (5)  No cause of action, except that authorized in

 4  subsection (3), shall arise in favor of any person due to a

 5  public library's failure to comply with subsection (2).

 6         Section 17.  In accordance with Section 18, Article VII

 7  of the State Constitution, the Legislature finds that the

 8  installation and operation by public libraries of technology

 9  protection measures that protect against access by adults to

10  visual depictions that are obscene or child pornography and by

11  minors to visual depictions that are obscene, child

12  pornography, or harmful to minors, as required by section

13  257.44, Florida Statutes, fulfills an important state

14  interest. This section shall take effect October 1, 2004.

15         Section 18.  Subsections (1) and (6) of section

16  265.284, Florida Statutes, are amended to read:

17         265.284  Chief cultural officer; director of division;

18  powers and duties.--

19         (1)  The Secretary of State is the shall be chief

20  cultural officer of the state and the Division of Cultural

21  Affairs is designated as the state arts administrative agency.

22         (6)  Subject to funding by the Legislature, there are

23  created the State Orchestra Program, State Dance Program, and

24  State Opera Program, each to be administered as part of, and

25  under the direct supervision of, the Division of Cultural

26  Affairs.

27         Section 19.  Subsection (4) of section 265.2865,

28  Florida Statutes, is amended to read:

29         265.2865  Florida Artists Hall of Fame.--

30         (4)  In the first year, the Secretary of State shall

31  name no more than 12 members to the Florida Artists Hall of

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 1  Fame. Thereafter, The Secretary of State shall name no more

 2  than four members to the Florida Artists Hall of Fame in any 1

 3  year.

 4         Section 20.  Subsection (4) of section 265.606, Florida

 5  Statutes, is amended to read:

 6         265.606  Cultural Endowment Program; administration;

 7  qualifying criteria; matching fund program levels;

 8  distribution.--

 9         (4)  Once the secretary has determined that the

10  sponsoring organization has complied with the criteria imposed

11  by this section, he or she may authorize the transfer of the

12  appropriate state matching funds to the organization. However,

13  the secretary shall ensure that the local group has made

14  prudent arrangements for the trusteeship of the entire

15  endowment, and such trusteeship is hereby created.  The

16  sponsoring organization may then expend moneys in the

17  endowment program fund, subject to the following requirements:

18         (a)  The organization may expend funds only for

19  operating costs incurred while engaged in programs directly

20  related to cultural activities.

21         (b)  The organization shall annually submit a report to

22  the division, in such form as the division specifies,

23  explaining how endowment program funds were utilized.

24         (c)  Any contract administered under this section shall

25  require the local sponsoring organization to submit to the

26  division an annual post audit of its financial accounts

27  conducted by an independent certified public accountant.

28         Section 21.  Present subsection (4) of section 265.701,

29  Florida Statutes, is redesignated as subsection (5), and a new

30  subsection (4) is added to that section, to read:

31  

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 1         265.701  Cultural facilities; grants for acquisition,

 2  renovation, or construction; funding; approval; allocation.--

 3         (4)  Any contract administered under this section shall

 4  require the recordation of a restrictive covenant by the

 5  grantee and property owner or the purchase of a bond as

 6  prescribed by rule to ensure that the facility continues to be

 7  used as a cultural facility for a period of 10 years following

 8  the grant award. If the facility ceases to be used as a

 9  cultural facility during the 10 years following the grant

10  award, the grant funds shall be repaid to the department

11  according to an amortization schedule set forth in rule.

12         Section 22.  Present subsection (8) of section 265.702,

13  Florida Statutes, is redesignated as subsection (9), and a new

14  subsection (8) is added to that section, to read:

15         265.702  Regional cultural facilities; grants for

16  acquisition, renovation, or construction; funding; approval;

17  allocation.--

18         (8)  Any contract administered under this section shall

19  require the recordation of a restrictive covenant by the

20  grantee and property owner or the purchase of a bond as

21  prescribed by rule to ensure that the facility continues to be

22  used as a regional cultural facility for a period of 10 years

23  following the grant award. If the facility ceases to be used

24  as a cultural facility during the 10 years following the grant

25  award, the grant funds shall be repaid to the department

26  according to an amortization schedule set forth in rule.

27         Section 23.  Section 265.703, Florida Statutes, is

28  created to read:

29         265.703  Citizen support organization; use of state

30  administrative services and property; audit.--

31  

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 1         (1)  CITIZEN SUPPORT ORGANIZATION.--The division may

 2  support the establishment of a citizen support organization to

 3  provide assistance, funding, and promotional support for the

 4  cultural and arts programs of the division. For purposes of

 5  this section, the term "citizen support organization" means an

 6  organization that is:

 7         (a)  A Florida corporation not for profit incorporated

 8  under the provisions of chapter 617 and approved by the

 9  Department of State;

10         (b)  Organized and operated to conduct programs and

11  activities; raise funds; request and receive grants, gifts,

12  and bequests of money; acquire, receive, hold, invest, and

13  administer, in its own name, securities, funds, objects of

14  value, or other property, real or personal; and make

15  expenditures to or for the direct or indirect benefit of the

16  division or individual program units of the division;

17         (c)  Determined by the division to be consistent with

18  the goals of the division and in the best interests of the

19  state; and

20         (d)  Approved in writing by the division to operate for

21  the direct or indirect benefit of the division; such approval

22  shall be given in a letter of agreement from the division.

23         (2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

24         (a)  The division may fix and collect charges for the

25  rental of facilities and properties managed by the division

26  and may permit, without charge, appropriate use of

27  administrative services, property, and facilities of the

28  division by a citizen support organization, subject to the

29  provisions of this section. Such use must be directly in

30  keeping with the approved purposes of the citizen support

31  organization and may not be made at times or places that would

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 1  unreasonably interfere with opportunities for the general

 2  public to use such facilities for established purposes. Any

 3  moneys received from rentals of facilities and properties

 4  managed by the division may be held in the operating trust

 5  fund of the division or in a separate depository account in

 6  the name of the citizen support organization and subject to

 7  the provisions of the letter of agreement with the division.

 8         (b)  The division may prescribe by rule any condition

 9  with which a citizen support organization shall comply in

10  order to use division administrative services, property, or

11  facilities.

12         (c)  The division shall not permit the use of any

13  administrative services, property, or facilities of the state

14  by a citizen support organization which does not provide equal

15  membership and employment opportunities to all persons

16  regardless of race, color, religion, sex, age, or national

17  origin.

18         (3)  ANNUAL AUDIT.--The citizen support organization

19  shall provide for an annual financial audit in accordance with

20  s. 215.981.

21         Section 24.  Paragraph (a) of subsection (1) of section

22  267.0612, Florida Statutes, is amended to read:

23         267.0612  Florida Historical Commission; creation;

24  membership; powers and duties.--In order to enhance public

25  participation and involvement in the preservation and

26  protection of the state's historic and archaeological sites

27  and properties, there is created within the Department of

28  State the "Florida Historical Commission." The commission

29  shall serve in an advisory capacity to the director of the

30  Division of Historical Resources to assist the director in

31  

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 1  carrying out the purposes, duties, and responsibilities of the

 2  division, as specified in this chapter.

 3         (1)(a)  The commission shall be composed of 11 members.

 4  Seven members shall be appointed by the Governor in

 5  consultation with the Secretary of State, two members shall be

 6  appointed by the President of the Senate, and two members

 7  shall be appointed by the Speaker of the House of

 8  Representatives. Of the seven members appointed by the

 9  Governor, one member must be a licensed architect who has

10  expertise in historic preservation and architectural history;

11  one member must be a professional historian in the field of

12  American history; one member must be a professional

13  architectural historian; one member must be an archaeologist

14  specializing in the field of prehistory; and one member must

15  be an archaeologist specializing in the historic period. The

16  remaining two members appointed by the Governor and the two

17  members appointed by the President of the Senate and the

18  Speaker of the House of Representatives, respectively, must be

19  representatives of the general public with demonstrated

20  interest in the preservation of Florida's historical and

21  archaeological heritage. At least one member of the commission

22  shall be a resident of a county that has a population of

23  75,000 or fewer less. A member whose term has expired shall

24  continue to serve on the commission until such time as a

25  replacement is appointed.

26         Section 25.  Paragraphs (b) and (c) of subsection (1)

27  of section 267.0731, Florida Statutes, are amended to read:

28         267.0731  Great Floridians Program.--The division shall

29  establish and administer a program, to be entitled the Great

30  Floridians Program, which shall be designed to recognize and

31  record the achievements of Floridians, living and deceased,

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 1  who have made major contributions to the progress and welfare

 2  of this state.

 3         (1)  

 4         (b)  In formulating its nominations, the division shall

 5  also seek the assistance of the organization Museum of Florida

 6  History Foundation, Inc., or its successor, acting in the

 7  capacity as a citizen support organization of the division,

 8  pursuant to s. 267.17 and approved to act on behalf of the

 9  Museum of Florida History.

10         (c)  Annually, the division shall convene an ad hoc

11  committee composed of representatives of the Governor, each

12  member of the Florida Cabinet, the President of the Senate,

13  the Speaker of the House of Representatives, and the

14  organization described in paragraph (b) Museum of Florida

15  History Foundation, Inc. This committee shall meet at least

16  twice. The committee shall nominate not fewer than two persons

17  whose names shall be submitted to the Secretary of State with

18  the recommendation that they be honored with the designation

19  "Great Floridian."

20         Section 26.  Subsection (3) of section 267.16, Florida

21  Statutes, is repealed.

22         Section 27.  Section 288.0251, Florida Statutes, is

23  amended to read:

24         288.0251  International development outreach activities

25  in Latin America and Caribbean Basin.--The Office of Tourism,

26  Trade, and Economic Development Department of State may

27  contract for the implementation of Florida's international

28  volunteer corps to provide short-term training and technical

29  assistance activities in Latin America and the Caribbean

30  Basin. The entity contracted under this section must require

31  that such activities be conducted by qualified volunteers who

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 1  are citizens of the state. The contracting agency must have a

 2  statewide focus and experience in coordinating international

 3  volunteer programs.

 4         Section 28.  Subsections (1), (2), and (3) of section

 5  288.809, Florida Statutes, are amended to read:

 6         288.809  Florida Intergovernmental Relations

 7  Foundation; use of property; board of directors; audit.--

 8         (1)  DEFINITIONS.--For the purposes of this section,

 9  the term:

10         (a)  "Florida Intergovernmental Relations Foundation"

11  means a direct-support organization:

12         1.  Which is a corporation not for profit that is

13  incorporated under the provisions of chapter 617 and approved

14  by the Department of State;

15         2.  Which is organized and operated exclusively to

16  solicit receive, hold, invest, and administer property and,

17  subject to the approval of the Office of Tourism, Trade, and

18  Economic Development Department of State, to make expenditures

19  to or for the promotion of intergovernmental relations

20  programs; and

21         3.  Which the Office of Tourism, Trade, and Economic

22  Development Department of State, after review, has certified

23  to be operating in a manner consistent with the policies and

24  goals of the office department.

25         (b)  "Personal services" includes full-time or

26  part-time personnel, as well as payroll processing.

27         (2)  USE OF PROPERTY.--The Office of Tourism, Trade,

28  and Economic Development department:

29         (a)  Is authorized to permit the use of property,

30  facilities, and personal services of the Office of Tourism,

31  

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 1  Trade, and Economic Development department by the foundation,

 2  subject to the provisions of this section.

 3         (b)  Shall prescribe conditions with which the

 4  foundation must comply in order to use property, facilities,

 5  or personal services of the Office of Tourism, Trade, and

 6  Economic Development department. Such conditions shall provide

 7  for budget and audit review and for oversight by the Office of

 8  Tourism, Trade, and Economic Development department.

 9         (c)  Shall not permit the use of property, facilities,

10  or personal services of the foundation if the foundation does

11  not provide equal employment opportunities to all persons,

12  regardless of race, color, national origin, sex, age, or

13  religion.

14         (3)  BOARD OF DIRECTORS.--The board of directors of the

15  foundation shall be composed of seven members appointed by the

16  Governor Secretary of State, of whom no more than three shall

17  be employees or elected officials of the state.

18         Section 29.  Section 288.816, Florida Statutes, is

19  amended to read:

20         288.816  Intergovernmental relations.--

21         (1)  The Office of Tourism, Trade, and Economic

22  Development Secretary of State shall be responsible for

23  consular operations and the sister city and sister state

24  program and shall serve as liaison with foreign, federal, and

25  other state international organizations and with county and

26  municipal governments in Florida.

27         (2)  The Office of Tourism, Trade, and Economic

28  Development secretary shall be responsible for all consular

29  relations between the state and all foreign governments doing

30  business in Florida.  The office secretary shall monitor

31  United States laws and directives to ensure that all federal

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 1  treaties regarding foreign privileges and immunities are

 2  properly observed. The office secretary shall promulgate rules

 3  which shall:

 4         (a)  Establish a viable system of registration for

 5  foreign government officials residing or having jurisdiction

 6  in the state.  Emphasis shall be placed on maintaining active

 7  communication between the secretary and the United States

 8  Department of State in order to be currently informed

 9  regarding foreign governmental personnel stationed in, or with

10  official responsibilities for, Florida. Active dialogue shall

11  also be maintained with foreign countries which historically

12  have had dealings with Florida in order to keep them informed

13  of the proper procedure for registering with the state.

14         (b)  Maintain and systematically update a current and

15  accurate list of all such foreign governmental officials,

16  consuls, or consulates.

17         (c)  Issue certificates to such foreign governmental

18  officials after verification pursuant to proper investigations

19  through United States Department of State sources and the

20  appropriate foreign government.

21         (d)  Verify entitlement to sales and use tax exemptions

22  pursuant to United States Department of State guidelines and

23  identification methods.

24         (e)  Verify entitlement to issuance of special motor

25  vehicle license plates by the Division of Motor Vehicles of

26  the Department of Highway Safety and Motor Vehicles to

27  honorary consuls or such other officials representing foreign

28  governments who are not entitled to issuance of special Consul

29  Corps license plates by the United States Government.

30         (f)  Establish a system of communication to provide all

31  state and local law enforcement agencies with information

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 1  regarding proper procedures relating to the arrest or

 2  incarceration of a foreign citizen.

 3         (g)  Request the Department of Law Enforcement to

 4  provide transportation and protection services when necessary

 5  pursuant to s. 943.68.

 6         (h)  Coordinate, when necessary, special activities

 7  between foreign governments and Florida state and local

 8  governments. These may include Consular Corps Day, Consular

 9  Corps conferences, and various other social, cultural, or

10  educational activities.

11         (i)  Notify all newly arrived foreign governmental

12  officials of the services offered by the Office of Tourism,

13  Trade, and Economic Development secretary.

14         (3)  The Office of Tourism, Trade, and Economic

15  Development Secretary of State shall operate the sister city

16  and sister state program and establish such new programs as

17  needed to further global understanding through the interchange

18  of people, ideas, and culture between Florida and the world.

19  To accomplish this purpose, the office secretary shall have

20  the power and authority to:

21         (a)  Coordinate and carry out activities designed to

22  encourage the state and its subdivisions to participate in

23  sister city and sister state affiliations with foreign

24  countries and their subdivisions. Such activities may include

25  a State of Florida sister cities conference.

26         (b)  Encourage cooperation with and disseminate

27  information pertaining to the Sister Cities International

28  Program and any other program whose object is to promote

29  linkages with foreign countries and their subdivisions.

30  

31  

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 1         (c)  Maximize any aid available from all levels of

 2  government, public and private agencies, and other entities to

 3  facilitate such activities.

 4         (d)  Establish a viable system of registration for

 5  sister city and sister state affiliations between the state

 6  and foreign countries and their subdivisions. Such system

 7  shall include a method to determine that sufficient ties are

 8  properly established as well as a method to supervise how

 9  these ties are maintained.

10         (e)  Maintain a current and accurate listing of all

11  such affiliations. Sister city affiliations shall not be

12  discouraged between the state and any country specified in s.

13  620(f)(1) of the federal Foreign Assistance Act of 1961, as

14  amended, with whom the United States is currently conducting

15  diplomatic relations unless a mandate from the United States

16  Government expressly prohibits such affiliations.

17         (4)  The Office of Tourism, Trade, and Economic

18  Development Secretary of State shall serve as a contact for

19  the state with the Florida Washington Office, the Florida

20  Congressional Delegation, and United States Government

21  agencies with respect to laws or policies which may affect the

22  interests of the state in the area of international

23  relations.  All inquiries received regarding international

24  economic trade development or reverse investment opportunities

25  shall be referred to Enterprise Florida, Inc.  In addition,

26  the office secretary shall serve as liaison with other states

27  with respect to international programs of interest to

28  Florida.  The office secretary shall also investigate and make

29  suggestions regarding possible areas of joint action or

30  regional cooperation with these states.

31  

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 1         (5)  The Office of Tourism, Trade, and Economic

 2  Development Secretary of State shall have the power and duty

 3  to encourage the relocation to Florida of consular offices and

 4  multilateral and international agencies and organizations.

 5         (6)  The Office of Tourism, Trade, and Economic

 6  Development Secretary of State, through membership on the

 7  board of directors of Enterprise Florida, Inc., shall help to

 8  contribute an international perspective to the state's

 9  development efforts.

10         Section 30.  Subsection (1) of section 288.8175,

11  Florida Statutes, is amended to read:

12         288.8175  Linkage institutes between postsecondary

13  institutions in this state and foreign countries.--

14         (1)  As used in this section, the term "department"

15  means the Department of Education State.

16         Section 31.  Subsection (9) of section 440.02, Florida

17  Statutes, and paragraph (b) of subsection (15), as amended by

18  section 2 of chapter 2003-412, Laws of Florida, are amended to

19  read:

20         440.02  Definitions.--When used in this chapter, unless

21  the context clearly requires otherwise, the following terms

22  shall have the following meanings:

23         (9)  "Corporate officer" or "officer of a corporation"

24  means any person who fills an office provided for in the

25  corporate charter or articles of incorporation filed with the

26  Division of State Recordings Corporations of the Department of

27  State or as permitted or required by chapter 607. As to

28  persons engaged in the construction industry, the term

29  "officer of a corporation" includes a member owning at least

30  10 percent of a limited liability company created and approved

31  under chapter 608.

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 1         (15)

 2         (b)  "Employee" includes any person who is an officer

 3  of a corporation and who performs services for remuneration

 4  for such corporation within this state, whether or not such

 5  services are continuous.

 6         1.  Any officer of a corporation may elect to be exempt

 7  from this chapter by filing written notice of the election

 8  with the department as provided in s. 440.05.

 9         2.  As to officers of a corporation who are engaged in

10  the construction industry, no more than three officers of a

11  corporation or of any group of affiliated corporations may

12  elect to be exempt from this chapter by filing written notice

13  of the election with the department as provided in s. 440.05.

14  Officers must be shareholders, each owning at least 10 percent

15  of the stock of such corporation and listed as an officer of

16  such corporation with the Division of State Recordings

17  Corporations of the Department of State, in order to elect

18  exemptions under this chapter.  For purposes of this

19  subparagraph, the term "affiliated" means and includes one or

20  more corporations or entities, any one of which is a

21  corporation engaged in the construction industry, under the

22  same or substantially the same control of a group of business

23  entities which are connected or associated so that one entity

24  controls or has the power to control each of the other

25  business entities. The term "affiliated" includes, but is not

26  limited to, the officers, directors, executives, shareholders

27  active in management, employees, and agents of the affiliated

28  corporation. The ownership by one business entity of a

29  controlling interest in another business entity or a pooling

30  of equipment or income among business entities shall be prima

31  facie evidence that one business is affiliated with the other.

                                  34

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 1         3.  An officer of a corporation who elects to be exempt

 2  from this chapter by filing a written notice of the election

 3  with the department as provided in s. 440.05 is not an

 4  employee.

 5  

 6  Services are presumed to have been rendered to the corporation

 7  if the officer is compensated by other than dividends upon

 8  shares of stock of the corporation which the officer owns.

 9         Section 32.  Subsections (3) and (11) of section

10  440.05, Florida Statutes, are amended to read:

11         440.05  Election of exemption; revocation of election;

12  notice; certification.--

13         (3)  Each officer of a corporation who is engaged in

14  the construction industry and who elects an exemption from

15  this chapter or who, after electing such exemption, revokes

16  that exemption, must mail a written notice to such effect to

17  the department on a form prescribed by the department. The

18  notice of election to be exempt from the provisions of this

19  chapter must be notarized and under oath. The notice of

20  election to be exempt which is submitted to the department by

21  the officer of a corporation who is allowed to claim an

22  exemption as provided by this chapter must list the name,

23  federal tax identification number, social security number, all

24  certified or registered licenses issued pursuant to chapter

25  489 held by the person seeking the exemption, a copy of

26  relevant documentation as to employment status filed with the

27  Internal Revenue Service as specified by the department, a

28  copy of the relevant occupational license in the primary

29  jurisdiction of the business, and the registration number of

30  the corporation filed with the Division of State Recordings

31  Corporations of the Department of State along with a copy of

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 1  the stock certificate evidencing the required ownership under

 2  this chapter. The notice of election to be exempt must

 3  identify each corporation that employs the person electing the

 4  exemption and must list the social security number or federal

 5  tax identification number of each such employer and the

 6  additional documentation required by this section. In

 7  addition, the notice of election to be exempt must provide

 8  that the officer electing an exemption is not entitled to

 9  benefits under this chapter, must provide that the election

10  does not exceed exemption limits for officers provided in s.

11  440.02, and must certify that any employees of the corporation

12  whose officer elects an exemption are covered by workers'

13  compensation insurance. Upon receipt of the notice of the

14  election to be exempt, receipt of all application fees, and a

15  determination by the department that the notice meets the

16  requirements of this subsection, the department shall issue a

17  certification of the election to the officer, unless the

18  department determines that the information contained in the

19  notice is invalid. The department shall revoke a certificate

20  of election to be exempt from coverage upon a determination by

21  the department that the person does not meet the requirements

22  for exemption or that the information contained in the notice

23  of election to be exempt is invalid. The certificate of

24  election must list the name of the corporation listed in the

25  request for exemption. A new certificate of election must be

26  obtained each time the person is employed by a new or

27  different corporation that is not listed on the certificate of

28  election. A copy of the certificate of election must be sent

29  to each workers' compensation carrier identified in the

30  request for exemption. Upon filing a notice of revocation of

31  election, an officer who is a subcontractor or an officer of a

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 1  corporate subcontractor must notify her or his contractor.

 2  Upon revocation of a certificate of election of exemption by

 3  the department, the department shall notify the workers'

 4  compensation carriers identified in the request for exemption.

 5         (11)  Any corporate officer permitted by this chapter

 6  to claim an exemption must be listed on the records of this

 7  state's Secretary of State, Division of State Recordings

 8  Corporations, as a corporate officer. The department shall

 9  issue a stop-work order under s. 440.107(1) to any corporation

10  who employs a person who claims to be exempt as a corporate

11  officer but who fails or refuses to produce the documents

12  required under this subsection to the department within 3

13  business days after the request is made.

14         Section 33.  Subsection (4) of section 607.0401,

15  Florida Statutes, is amended to read:

16         607.0401  Corporate name.--A corporate name:

17         (4)  Must be distinguishable from the names of all

18  other entities or filings, except fictitious name

19  registrations pursuant to s. 865.09, organized, registered, or

20  reserved under the laws of this state, which names are on file

21  with the  Division of State Recordings Corporations.

22         Section 34.  Paragraph (b) of subsection (1) and

23  subsection (2) of section 607.1506, Florida Statutes, are

24  amended to read:

25         607.1506  Corporate name of foreign corporation.--

26         (1)  A foreign corporation is not entitled to file an

27  application for a certificate of authority unless the

28  corporate name of such corporation satisfies the requirements

29  of s. 607.0401. If the corporate name of a foreign corporation

30  does not satisfy the requirements of s. 607.0401, the foreign

31  

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 1  corporation, to obtain or maintain a certificate of authority

 2  to transact business in this state:

 3         (b)  May use an alternate name to transact business in

 4  this state if its real name is unavailable. Any such alternate

 5  corporate name, adopted for use in this state, shall be

 6  cross-referenced to the real corporate name in the records of

 7  the Division of State Recordings Corporations. If the

 8  corporation's real corporate name becomes available in this

 9  state or the corporation chooses to change its alternate name,

10  a copy of the resolution of its board of directors changing or

11  withdrawing the alternate name, executed as required by s.

12  607.0120, shall be delivered for filing.

13         (2)  The corporate name (including the alternate name)

14  of a foreign corporation must be distinguishable upon the

15  records of the Division of State Recordings Corporations from:

16         (a)  Any corporate name of a corporation incorporated

17  or authorized to transact business in this state;

18         (b)  The alternate name of another foreign corporation

19  authorized to transact business in this state;

20         (c)  The corporate name of a not-for-profit corporation

21  incorporated or authorized to transact business in this state;

22  and

23         (d)  The names of all other entities or filings, except

24  fictitious name registrations pursuant to s. 865.09, organized

25  or registered under the laws of this state that are on file

26  with the Division of State Recordings Corporations.

27         Section 35.  Paragraph (e) of subsection (1) of section

28  617.0401, Florida Statutes, is amended to read:

29         617.0401  Corporate name.--

30         (1)  A corporate name:

31  

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 1         (e)  Must be distinguishable from the names of all

 2  other entities or filings, except fictitious name

 3  registrations pursuant to s. 865.09, organized, registered, or

 4  reserved under the laws of this state, that are on file with

 5  the Division of State Recordings Corporations.

 6         Section 36.  Subsections (2) and (4) of section

 7  617.1506, Florida Statutes, are amended to read:

 8         617.1506  Corporate name of foreign corporation.--

 9         (2)  The corporate name, including the alternate name,

10  of a foreign corporation must be distinguishable, within the

11  records of the Division of State Recordings Corporations,

12  from:

13         (a)  The alternate name of another foreign corporation

14  authorized to transact business in this state.

15         (b)  The corporate name of a not-for-profit corporation

16  incorporated or authorized to transact business in this state.

17         (c)  The names of all other entities or filings, except

18  fictitious name registrations pursuant to s. 865.09,

19  organized, or registered under the laws of this state, that

20  are on file with the Division of State Recording Corporations.

21         (4)  The corporate name must be distinguishable from

22  the names of all other entities or filings, organized,

23  registered, or reserved under the laws of the state that are

24  on file with the Division of State Recordings Corporations,

25  except fictitious name registrations pursuant to s. 865.09.

26         Section 37.  Subsection (3) of section 620.103, Florida

27  Statutes, is amended to read:

28         620.103  Name of limited partnership.--The name of each

29  domestic limited partnership as set forth in its certificate

30  of limited partnership and the name of each foreign limited

31  

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 1  partnership as set forth in its application for registration

 2  as a foreign limited partnership:

 3         (3)  Must be distinguishable from the names of all

 4  other entities or filings, except fictitious name

 5  registrations pursuant to s. 865.09, organized, registered, or

 6  reserved under the laws of this state, the names of which are

 7  on file with the Division of State Recordings Corporations of

 8  the Department of State.

 9         Section 38.  Paragraph (c) of subsection (2) of section

10  865.09, Florida Statutes, is amended to read:

11         865.09  Fictitious name registration.--

12         (2)  DEFINITIONS.--As used in this section:

13         (c)  "Division" means the Division of State Recordings

14  Corporations of the Department of State.

15         Section 39.  The following programs, functions, and

16  activities are hereby transferred by a type two transfer, as

17  defined in section 20.06(2), Florida Statutes, from the

18  Department of State to the Office of Tourism, Trade, and

19  Economic Development within the Executive Office of the

20  Governor:

21         (1)  The provision of assistance and facilities to the

22  Organization of American States, as authorized and governed by

23  section 15.17, Florida Statutes, as that section exists on

24  June 30, 2004.

25         (2)  State protocol officer functions, as authorized

26  and governed by section 15.19, Florida Statutes, as that

27  section exists on June 30, 2004.

28         (3)  International development outreach activities in

29  Latin America and the Caribbean Basin, as authorized and

30  governed by section 288.0251, Florida Statutes.

31  

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 1         (4)  The Florida Intergovernmental Relations

 2  Foundation, as authorized an governed by section 288.809,

 3  Florida Statutes.

 4         (5)  Intergovernmental relations functions, as

 5  authorized and governed by section 288.816, Florida Statutes.

 6  Notwithstanding section 20.06(2), Florida Statutes, trust

 7  funds associated with these programs, functions, and

 8  activities shall remain within the Department of State.

 9         Section 40.  Linkage institutes between postsecondary

10  institutions in this state and foreign countries, as

11  authorized and governed by section 288.817, Florida Statutes,

12  are transferred by a type two transfer, as defined in section

13  20.06(2), Florida Statutes, from the Department of State to

14  the Department of Education. Notwithstanding section 20.06(2),

15  Florida Statutes, trust funds associated with these institutes

16  shall remain within the Department of State.

17         Section 41.  Sections 15.0913, 15.17, 15.19, 265.51,

18  265.52, 265.53, 265.54, 265.55, and 265.56, Florida Statutes,

19  are repealed.

20         Section 42.  If any provision of this act or its

21  application to any person or circumstance is held invalid, the

22  invalidity does not affect other provisions or applications of

23  the act which can be given effect without the invalid

24  provision or application, and to this end the provisions of

25  this act are severable.

26         Section 43.  Except as otherwise expressly provided in

27  this act, this act shall take effect July 1, 2004.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 1652

 3                                 

 4  Permits the Secretary of State to appoint an assistant
    secretary and two deputies.
 5  
    Changes the "Division of Corporations" to the "Division of
 6  State Recordings."

 7  Establishes the Bureau of Central Computing Support Services
    within the Division of Administration.
 8  
    Encourages cross-training of grants services personnel and
 9  encourages computerization of grant application processes.
    Requires the use of uniform grant processes and forms, where
10  appropriate.

11  Designates the Director of the Office of Tourism, Trade, and
    Economic Development to serve as the state protocol officer
12  and authorizes that office to provide assistance and
    facilities to the Organization of American States in
13  establishing and maintaining a regional headquarters in
    Florida.
14  
    Transfer administration of linkage institutes between
15  postsecondary institutions and foreign countries to the
    Department of Education.
16  
    Requires local public libraries to enforce an Internet safety
17  policy that provides for the installation of Internet
    filtering software.
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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