October 21, 2019
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       Florida Senate - 2010                                    SB 2010
       
       
       
       By Senator Dean
       
       
       
       
       3-01577-10                                            20102010__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Agricultural Museum;
    3         repealing s. 570.901, F.S., relating to the museum;
    4         amending ss. 570.902 and 570.903, F.S., relating to
    5         direct-support organizations for the museum and
    6         certain other programs and definitions applicable to
    7         such provisions; deleting provisions pertaining to the
    8         museum to conform to the repeal by the act of
    9         provisions establishing the museum; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 570.901, Florida Statutes, is repealed.
   15         Section 2. Section 570.902, Florida Statutes, is amended to
   16  read:
   17         570.902 Definitions; ss. 570.902 and 570.903.—For the
   18  purpose of ss. 570.902 and 570.903:
   19         (1) “Designated program” means the specific departmental
   20  program which a direct-support organization has been created to
   21  support.
   22         (2) “Direct-support organization” or “organization” means
   23  an organization which is a Florida corporation not for profit
   24  incorporated under the provisions of chapter 617 and approved by
   25  the department to operate for the benefit of a museum or a
   26  specific departmental program.
   27         (3) “Museum” means the Florida Agricultural Museum which is
   28  designated as the museum for agriculture and rural history of
   29  the State of Florida.
   30         Section 3. Section 570.903, Florida Statutes, is amended to
   31  read:
   32         570.903 Direct-support organization.—
   33         (1) When the Legislature authorizes the establishment of a
   34  direct-support organization to provide assistance for the
   35  museums, the Florida Agriculture in the Classroom Program, the
   36  Florida State Collection of Arthropods, the Friends of the
   37  Florida State Forests Program of the Division of Forestry, and
   38  the Forestry Arson Alert Program, and other programs of the
   39  department, the following provisions shall govern the creation,
   40  use, powers, and duties of the direct-support organization.
   41         (a) The department shall enter into a memorandum or letter
   42  of agreement with the direct-support organization, which shall
   43  specify the approval of the department, the powers and duties of
   44  the direct-support organization, and rules with which the
   45  direct-support organization shall comply.
   46         (b) The department may permit, without charge, appropriate
   47  use of property, facilities, and personnel of the department by
   48  a direct-support organization, subject to the provisions of ss.
   49  570.902 and 570.903. The use shall be directly in keeping with
   50  the approved purposes of the direct-support organization and
   51  shall not be made at times or places that would unreasonably
   52  interfere with opportunities for the general public to use
   53  department facilities for established purposes.
   54         (c) The department shall prescribe by contract or by rule
   55  conditions with which a direct-support organization shall comply
   56  in order to use property, facilities, or personnel of the
   57  department or museum. Such rules shall provide for budget and
   58  audit review and oversight by the department.
   59         (d) The department may shall not permit the use of
   60  property, facilities, or personnel of the museum, department, or
   61  designated program by a direct-support organization which does
   62  not provide equal employment opportunities to all persons
   63  regardless of race, color, religion, sex, age, or national
   64  origin.
   65         (2)(a) The direct-support organization shall be empowered
   66  to conduct programs and activities; raise funds; request and
   67  receive grants, gifts, and bequests of money; acquire, receive,
   68  hold, invest, and administer, in its own name, securities,
   69  funds, objects of value, or other property, real or personal;
   70  and make expenditures to or for the direct or indirect benefit
   71  of the museum or designated program.
   72         (b) Notwithstanding the provisions of s. 287.057, the
   73  direct-support organization may enter into contracts or
   74  agreements with or without competitive bidding for the
   75  restoration of objects, historical buildings, and other
   76  historical materials or for the purchase of objects, historical
   77  buildings, and other historical materials which are to be added
   78  to the collections of the museum, or benefit the designated
   79  program. However, before the direct-support organization may
   80  enter into a contract or agreement without competitive bidding,
   81  the direct-support organization shall file a certification of
   82  conditions and circumstances with the internal auditor of the
   83  department justifying each contract or agreement.
   84         (c) Notwithstanding the provisions of s. 287.025(1)(e), the
   85  direct-support organization may enter into contracts to insure
   86  property of the museum or designated programs and may insure
   87  objects or collections on loan from others in satisfying
   88  security terms of the lender.
   89         (3) The direct-support organization shall provide for an
   90  annual financial audit in accordance with s. 215.981.
   91         (4) Neither a designated program or a museum, nor a
   92  nonprofit corporation trustee or employee may:
   93         (a) Receive a commission, fee, or financial benefit in
   94  connection with the sale or exchange of historical objects or
   95  properties to the direct-support organization, the museum, or
   96  the designated program; or
   97         (b) Be a business associate of any individual, firm, or
   98  organization involved in the sale or exchange of property to the
   99  direct-support organization, the museum, or the designated
  100  program.
  101         (5) All moneys received by the direct-support organization
  102  shall be deposited into an account of the direct-support
  103  organization and shall be used by the organization in a manner
  104  consistent with the goals of the museum or designated program.
  105         (6) The identity of a donor or prospective donor who
  106  desires to remain anonymous and all information identifying such
  107  donor or prospective donor are confidential and exempt from the
  108  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  109  Constitution.
  110         (7) The Commissioner of Agriculture, or the commissioner’s
  111  designee, may serve on the board of trustees and the executive
  112  committee of any direct-support organization established to
  113  benefit the museum or any designated program.
  114         (8) The department shall establish by rule archival
  115  procedures relating to museum artifacts and records. The rules
  116  shall provide procedures which protect the museum’s artifacts
  117  and records equivalent to those procedures which have been
  118  established by the Department of State under chapters 257 and
  119  267.
  120         Section 4. This act shall take effect July 1, 2010.

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