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Senate Bill 2152

Senate Bill sb2152c1

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    Florida Senate - 2005                           CS for SB 2152

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




    585-1862-05

  1                      A bill to be entitled

  2         An act relating to Department of State;

  3         creating s. 257.015, F.S.; providing

  4         definitions; amending s. 257.02, F.S.;

  5         increasing membership on the State Library

  6         Council; revising criteria for membership;

  7         revising provisions with respect to the

  8         selection process for members; providing for

  9         officers of the council; amending s. 257.031,

10         F.S.; deleting references to the State Library

11         Council and provisions for officers of the

12         council; providing additional responsibilities

13         of the State Librarian; amending s. 257.12,

14         F.S.; designating the Division of Library and

15         Information Services as the state library

16         administrative agency; amending s. 257.192,

17         F.S.; conforming terminology; creating s.

18         257.43, F.S.; providing for the establishment

19         of a citizen support organization to provide

20         assistance, funding, and promotional support

21         for the library, archives, and records

22         management programs of the Division of Library

23         and Information Services; providing for use of

24         administrative services and property; requiring

25         an annual audit; amending s. 265.284, F.S.;

26         designating the Division of Cultural Affairs as

27         the state arts administrative agency; deleting

28         obsolete provisions; amending s. 265.2865,

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

30         265.606, F.S.; requiring local sponsoring

31         organizations to submit an annual postaudit to

                                  1

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 1         the division under certain circumstances;

 2         amending s. 265.701, F.S.; providing contract

 3         requirements to ensure continued use as a

 4         cultural facility for a specified period

 5         following a grant award; providing for

 6         repayment of grant funds to the department

 7         under specified circumstances; amending s.

 8         265.702, F.S.; providing contract requirements

 9         to ensure continued use as a regional cultural

10         facility for a specified period following a

11         grant award; providing for repayment of grant

12         funds to the department under specified

13         circumstances; creating s. 265.703, F.S.;

14         providing for the establishment of a citizen

15         support organization to provide assistance,

16         funding, and promotional support for the

17         cultural and arts programs of the Division of

18         Cultural Affairs; providing for use of

19         administrative services and property; requiring

20         an annual audit; amending s. 267.031, F.S.;

21         authorizing the Division of Historical

22         Resources to establish an endowment under the

23         Florida Historical Resources Act; removing a

24         requirement for the establishment of historic

25         preservation regional offices in specific

26         locations; requiring the establishment of at

27         least three historic preservation regional

28         offices; creating citizen advisory boards for

29         regional offices in lieu of citizen support

30         organizations; providing purpose and for

31         appointment of members of the advisory boards;

                                  2

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 1         amending s. 267.0612, F.S.; revising provisions

 2         with respect to service as a member of the

 3         Florida Historical Commission; amending s.

 4         267.0617, F.S.; providing for appointment of a

 5         grant-review-panel chair under the Historic

 6         Preservation Grant Program; amending s.

 7         267.0619, F.S.; providing for appointment of a

 8         grant-review-panel chair under the Historical

 9         Museum Grants program; amending s. 267.0731,

10         F.S.; revising provisions with respect to

11         nominations under the Great Floridians Program;

12         amending s. 267.13, F.S.; providing for the

13         adoption of rules by the Division of Historical

14         Resources to implement provisions governing

15         prohibited practices and penalties therefor;

16         repealing s. 267.16(3), F.S., which imposes a

17         duty on the Division of Historical Resources

18         with respect to Florida Folklife Programs;

19         amending s. 267.173, F.S.; conforming a

20         reference; amending s. 267.174, F.S.; revising

21         dates for the first meeting of the Discovery of

22         Florida Quincentennial Commemoration

23         Commission, completion of the initial draft of

24         the master plan, and submission of the

25         completed master plan; repealing s. 15.0913,

26         F.S., which requires the Department of State to

27         file all Uniform Commercial Code documents

28         within a specified time after receipt of such

29         documents by the Bureau of Uniform Commercial

30         Code of the Division of Corporations; repealing

31         s. 265.51, F.S., relating to the authority of

                                  3

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 1         the Department of State to make agreements to

 2         indemnify specified items against loss or

 3         damage; repealing s. 265.52, F.S., relating to

 4         items eligible for indemnity agreements of the

 5         Department of State; repealing s. 265.53, F.S.,

 6         relating to application for indemnity agreement

 7         by a nonprofit agency, institution, or

 8         government in the state attempting to obtain

 9         indemnification for eligible items it proposes

10         to borrow from a person, organization,

11         institution, or government not in the state;

12         repealing s. 265.54, F.S., relating to review

13         by the Department of State of applications for

14         indemnity agreements and limits of indemnity;

15         repealing s. 265.55, F.S., relating to the

16         processing by the Division of Risk Management

17         of the Department of Financial Services of

18         claims for losses covered by an indemnity

19         agreement; repealing s. 265.56, F.S., relating

20         to an annual report to the Legislature by the

21         Department of State with respect to current and

22         pending claims under indemnity agreements and

23         the value of contracts entered into by the

24         department which are outstanding at the close

25         of the fiscal year; providing severability;

26         providing an effective date.

27  

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

29  

30         Section 1.  Section 257.015, Florida Statutes, is

31  created to read:

                                  4

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    Florida Senate - 2005                           CS for SB 2152
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 1         257.015  Definitions.--As used in this chapter, the

 2  term:

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

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

 5  Information Services of the Department of State.

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

 7         (4)  "State librarian" means the person appointed by

 8  the secretary as the director of the Division of Library and

 9  Information Services pursuant to s. 257.031.

10         Section 2.  Subsections (1) and (3) of section 257.02,

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

12  that section, to read:

13         257.02  State Library Council.--

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

15  and assist the Division of Library and Information Services on

16  its programs and activities. The council shall consist of nine

17  seven members who shall be appointed by the Secretary of

18  State. Of the nine members, at least one member of the council

19  must represent a Florida library professional association, at

20  least one must represent a Florida archive professional

21  association, at least one must represent a Florida records

22  management professional association, be a person who is 60

23  years of age or older; and at least one member of the council

24  must be a person who is not, and has never been, employed in a

25  library or in teaching library science courses. Members shall

26  be appointed for 4-year terms. A vacancy on the council shall

27  be filled for the period of the unexpired term. No person may

28  be appointed to serve more than two consecutive terms as a

29  member of the council. The Secretary of State may remove from

30  office any council member for malfeasance, misfeasance,

31  neglect of duty, incompetence, permanent inability to perform

                                  5

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 1  official duties, or pleading guilty or nolo contendere to, or

 2  being found guilty of, a felony. In addition to, and at the

 3  request of, the members of the council appointed by the

 4  Secretary of State, the president-elect of the Florida Library

 5  Association may serve as a member of the council in a

 6  nonvoting capacity during his or her term as president-elect.

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

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

 9  management community the Florida Library Association and

10  related statewide associations and organizations for

11  suggestions as to persons having special knowledge and

12  interest concerning libraries.

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

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

15  Librarian, who shall serve without voting rights as secretary

16  of the council.

17         Section 3.  Section 257.031, Florida Statutes, is

18  amended to read:

19         257.031  State Librarian Organization of council;

20  appointment and duties of State Librarian.--

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

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

23  Librarian, who shall serve without voting rights as secretary

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

25  Secretary of State, shall have completed a library school

26  program accredited by the American Library Association, and

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

28  Information Services of the Department of State. The Secretary

29  of State may, in making the appointment of State Librarian,

30  consult the members of the State Library Council.

31         (2)  The State Librarian shall:

                                  6

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

 2  Library Council;

 3         (b)  Keep an accurate account of the financial

 4  transactions of the division;

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

 6  organizing new libraries and improving those already

 7  established; and

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

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

10  and.

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

12  to the division.

13         Section 4.  Section 257.12, Florida Statutes, is

14  amended to read:

15         257.12  Division of Library and Information Services

16  authorized to accept and expend federal funds.--

17         (1)  The Division of Library and Information Services

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

19  administrative agency authorized to accept, receive,

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

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

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

23  libraries and providing educational library service in the

24  state.

25         (2)  The division is authorized to file any accounts

26  required by federal law or regulation with reference to

27  receiving and administering all such moneys, materials, and

28  other aid for said purposes; provided, however, that the

29  acceptance of such moneys, materials, and other aid shall not

30  deprive the state from complete control and supervision of its

31  library.

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 1         Section 5.  Section 257.192, Florida Statutes, is

 2  amended to read:

 3         257.192  Program grants.--The Division of Library and

 4  Information Services is authorized to accept and administer

 5  appropriations for library program grants and to make such

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

 7  for library services.

 8         Section 6.  Section 257.43, Florida Statutes, is

 9  created to read:

10         257.43  Citizen support organization; use of state

11  administrative services and property; audit.--

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

13  support the establishment of a citizen support organization to

14  provide assistance, funding, and promotional support for the

15  library, archives, and records management programs of the

16  division. For the purposes of this section, a "citizen support

17  organization" means an organization that is:

18         (a)  A Florida corporation not for profit incorporated

19  under the provisions of chapter 617 and approved by the

20  Department of State.

21         (b)  Organized and operated to conduct programs and

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

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

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

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

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

27  division or individual program units of the division.

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

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

30  state.

31  

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

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

 3  must be given in a letter of agreement from the division.

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

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

 6  rental of facilities and properties managed by the division

 7  and may permit, without charge, appropriate use of

 8  administrative services, property, and facilities of the

 9  division by a citizen support organization, subject to the

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

11  keeping with the approved purposes of the citizen support

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

13  unreasonably interfere with opportunities for the general

14  public to use such facilities for established purposes. Any

15  moneys received from rentals of facilities and properties

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

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

18  the name of the citizen support organization and subject to

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

20  The letter of agreement shall provide that any funds held in

21  the separate depository account in the name of the citizen

22  support organization shall revert to the division if the

23  citizen support organization is no longer approved by the

24  division to operate in the best interests of the state.

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

26  with which a citizen support organization must comply in order

27  to use division administrative services, property, or

28  facilities.

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

30  administrative services, property, or facilities of the state

31  by a citizen support organization that does not provide equal

                                  9

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 1  membership and employment opportunities to all persons

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

 3  origin.

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

 5  shall provide for an annual financial audit in accordance with

 6  s. 215.981.

 7         Section 7.  Subsection (1), paragraph (d) of subsection

 8  (3), and subsections (6) and (7) of section 265.284, Florida

 9  Statutes, are amended to read:

10         265.284  Chief cultural officer; director of division;

11  powers and duties.--

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

13  cultural officer of the state, and the Division of Cultural

14  Affairs is designated as the state arts administrative agency.

15         (3)  The Division of Cultural Affairs shall have direct

16  administrative authority and responsibility for all of the

17  programs authorized by this act. In furtherance thereof, the

18  division shall have the authority to:

19         (d)  On request, or at its own initiative, consult with

20  and advise other individuals, groups, organizations, or state

21  agencies and officials, particularly the Governor and the

22  Cabinet, concerning the acquisition by gift or purchase of

23  fine art works, the appropriate use and display of state-owned

24  art treasures for maximum public benefit, and the suitability

25  of any structures or fixtures, including framing, primarily

26  intended for ornamental or decorative purposes in public

27  buildings.

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

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

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

31  

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 1  under the direct supervision of, the Division of Cultural

 2  Affairs.

 3         (6)(7)  Notwithstanding any provision of s. 287.022 or

 4  s. 287.025(1)(e), the division may enter into contracts to

 5  insure museum collections, artifacts, relics, and fine arts to

 6  which it holds title.

 7         Section 8.  Subsection (4) of section 265.2865, Florida

 8  Statutes, is amended to read:

 9         265.2865  Florida Artists Hall of Fame.--

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

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

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

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

14  one 1 year.

15         Section 9.  Paragraph (c) is added to subsection (4) of

16  section 265.606, Florida Statutes, to read:

17         265.606  Cultural Endowment Program; administration;

18  qualifying criteria; matching fund program levels;

19  distribution.--

20         (4)  Once the secretary has determined that the

21  sponsoring organization has complied with the criteria imposed

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

23  appropriate state matching funds to the organization. However,

24  the secretary shall ensure that the local group has made

25  prudent arrangements for the trusteeship of the entire

26  endowment, and such trusteeship is hereby created. The

27  sponsoring organization may then expend moneys in the

28  endowment program fund, subject to the following requirements:

29         (c)  Any contract administered under this section shall

30  require the local sponsoring organization to submit to the

31  

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 1  division an annual postaudit of its financial accounts

 2  conducted by an independent certified public accountant.

 3         Section 10.  Present subsection (4) of section 265.701,

 4  Florida Statutes, is renumbered as subsection (5), and a new

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

 6         265.701  Cultural facilities; grants for acquisition,

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

 8         (4)  Any contract administered under this section shall

 9  require the recordation of a restrictive covenant by the

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

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

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

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

14  cultural facility during the 10 years following the grant

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

16  according to an amortization schedule set forth in rule.

17         Section 11.  Present subsection (8) of section 265.702,

18  Florida Statutes, is renumbered as subsection (9), and a new

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

20         265.702  Regional cultural facilities; grants for

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

22  allocation.--

23         (8)  Any contract administered under this section shall

24  require the recordation of a restrictive covenant by the

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

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

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

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

29  as a regional cultural facility during the 10 years following

30  the grant award, the grant funds shall be repaid to the

31  

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 1  department according to an amortization schedule set forth in

 2  rule.

 3         Section 12.  Section 265.703, Florida Statutes, is

 4  created to read:

 5         265.703  Citizen support organization; use of state

 6  administrative services and property; audit.--

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

 8  support the establishment of a citizen support organization to

 9  provide assistance, funding, and promotional support for the

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

11  of this section, the term "citizen support organization" means

12  an organization that is:

13         (a)  A Florida corporation not for profit incorporated

14  under chapter 617 and approved by the Department of State.

15         (b)  Organized and operated to conduct programs and

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

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

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

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

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

21  division or individual program units of the division.

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

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

24  state.

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

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

27  must be given in a letter of agreement from the division.

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

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

30  rental of facilities and properties managed by the division

31  and may permit, without charge, appropriate use of

                                  13

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 1  administrative services, property, and facilities of the

 2  division by a citizen support organization, subject to the

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

 4  keeping with the approved purposes of the citizen support

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

 6  unreasonably interfere with opportunities for the public to

 7  use such facilities for established purposes. Any moneys

 8  received from rentals of facilities and properties managed by

 9  the division may be held in the operating trust fund of the

10  division or in a separate depository account in the name of

11  the citizen support organization and subject to the provisions

12  of the letter of agreement with the division. The letter of

13  agreement shall provide that any funds held in the separate

14  depository account in the name of the citizen support

15  organization shall revert to the division if the citizen

16  support organization is no longer approved by the division to

17  operate in the best interests of the state.

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

19  with which a citizen support organization must comply in order

20  to use division administrative services, property, or

21  facilities.

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

23  administrative services, property, or facilities of the state

24  by a citizen support organization that does not provide equal

25  membership and employment opportunities to all persons

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

27  origin.

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

29  shall provide for an annual financial audit in accordance with

30  s. 215.981.

31  

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 1         Section 13.  Subsection (3) and paragraph (m) of

 2  subsection (5) of section 267.031, Florida Statutes, are

 3  amended to read:

 4         267.031  Division of Historical Resources; powers and

 5  duties.--

 6         (3)  The division may accept gifts, grants, bequests,

 7  loans, and endowments for purposes not inconsistent with its

 8  responsibilities under this chapter. The division may also

 9  establish an endowment that is consistent with the

10  responsibilities of this chapter.

11         (5)  It is the responsibility of the division to:

12         (m)  Establish regional offices for the purpose of

13  assisting the division in the delivery of historic

14  preservation services to the counties and municipalities of

15  the state and to the citizens of the State of Florida.

16  Historic preservation regional offices shall be established in

17  at least three St. Augustine, Tampa, Palm Beach County, and in

18  other areas of the state which the division deems appropriate.

19  For each regional office established, the division shall

20  establish a citizen advisory board to provide assistance,

21  advice, and recommendations to the regional office support

22  organization in accordance with s. 267.17. The members board

23  of directors of each citizen advisory board support

24  organization shall be appointed by the Secretary of State.

25         Section 14.  Paragraph (a) of subsection (1) and

26  subsection (2) of section 267.0612, Florida Statutes, are

27  amended to read:

28         267.0612  Florida Historical Commission; creation;

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

30  participation and involvement in the preservation and

31  protection of the state's historic and archaeological sites

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 1  and properties, there is created within the Department of

 2  State the "Florida Historical Commission." The commission

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

 4  Division of Historical Resources to assist the director in

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

 6  division, as specified in this chapter.

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

 8  Seven members shall be appointed by the Governor in

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

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

11  shall be appointed by the Speaker of the House of

12  Representatives. Of the seven members appointed by the

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

14  expertise in historic preservation and architectural history;

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

16  American history; one member must be a professional

17  architectural historian; one member must be an archaeologist

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

19  be an archaeologist specializing in the historic period. The

20  remaining two members appointed by the Governor and the two

21  members appointed by the President of the Senate and the

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

23  representatives of the general public with demonstrated

24  interest in the preservation of Florida's historical and

25  archaeological heritage. At least one member of the commission

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

27  75,000 or fewer less.

28         (2)  Commission members appointed by the President of

29  the Senate and the Speaker of the House of Representatives

30  shall be appointed for 2-year terms. Additionally, these

31  commission members shall serve as the legislative historic

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 1  preservation advisory body to the Speaker of the House of

 2  Representatives and the President of the Senate with respect

 3  to the collection and preservation of the historic records of

 4  both houses of the Legislature. Commission members appointed

 5  by the Governor shall be appointed to 4-year terms. A member

 6  whose term has expired shall continue to serve on the

 7  commission until such time as a replacement is appointed.

 8  Vacancies shall be filled for the remainder of the term and by

 9  the original appointing authority.

10         Section 15.  Subsection (3) of section 267.0617,

11  Florida Statutes, is amended to read:

12         267.0617  Historic Preservation Grant Program.--

13         (3)  All grants of state funds to assist in the

14  preservation of historic properties shall be made from the

15  Historical Resources Operating Trust Fund and may be awarded

16  only pursuant to applications for such assistance made to the

17  Division of Historical Resources. The Florida Historical

18  Commission shall review each application for a special

19  category historic preservation grant-in-aid. Special category

20  historic preservation grants-in-aid are those reviewed and

21  recommended by the Secretary of State for submission for

22  legislative funding consideration. Grant review panels

23  appointed by the Secretary of State and chaired by a member of

24  the Florida Historical Commission or a designee appointed by

25  the commission's presiding officer shall review each

26  application for other historic preservation grants-in-aid. The

27  reviewing body shall submit annually to the Secretary of State

28  for approval lists of all applications that are recommended by

29  the reviewing body for the award of grants, arranged in order

30  of priority.

31  

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    Florida Senate - 2005                           CS for SB 2152
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 1         Section 16.  Subsection (3) of section 267.0619,

 2  Florida Statutes, is amended to read:

 3         267.0619  Historical Museum Grants.--

 4         (3)  An application for a grant must be made to the

 5  division on a form provided by the division. The division

 6  shall adopt rules prescribing categories of grants,

 7  application requirements, criteria and procedures for the

 8  review and evaluation of applications, and other procedures

 9  necessary for the administration of the program, subject to

10  the requirements of this section. Grant review panels

11  appointed by the Secretary of State and chaired by a member of

12  the Florida Historical Commission or a designee appointed by

13  the commission's presiding officer shall review each

14  application for a museum grant-in-aid. The review panel shall

15  submit to the Secretary of State for approval lists of all

16  applications that are recommended by the panel for the award

17  of grants, arranged in order of priority. The division may

18  award a grant to a Florida history museum only if the award

19  has been approved by the Secretary of State.

20         Section 17.  Paragraphs (b) and (c) of subsection (1)

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

22         267.0731  Great Floridians Program.--The division shall

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

24  Floridians Program, which shall be designed to recognize and

25  record the achievements of Floridians, living and deceased,

26  who have made major contributions to the progress and welfare

27  of this state.

28         (1)  The division shall nominate present or former

29  citizens of this state, living or deceased, who during their

30  lives have made major contributions to the progress of the

31  nation or this state and its citizens. Nominations shall be

                                  18

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 1  submitted to the Secretary of State who shall select from

 2  those nominated not less than two persons each year who shall

 3  be honored with the designation "Great Floridian," provided no

 4  person whose contributions have been through elected or

 5  appointed public service shall be selected while holding any

 6  such office.

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

 8  also seek the assistance of the organization Museum of Florida

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

10  capacity as a citizen support organization of the division,

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

12  Museum of Florida History.

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

14  committee composed of representatives of the Governor, each

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

16  the Speaker of the House of Representatives, and the

17  organization described in paragraph (b) Museum of Florida

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

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

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

21  the recommendation that they be honored with the designation

22  "Great Floridian."

23         Section 18.  Paragraph (e) is added to subsection (2)

24  of section 267.13, Florida Statutes, to read:

25         267.13  Prohibited practices; penalties.--

26         (2)

27         (e)  The division shall adopt rules pursuant to ss.

28  120.536(1) and 120.54 to administer this section.

29         Section 19.  Subsection (3) of section 267.16, Florida

30  Statutes, is repealed.

31  

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    Florida Senate - 2005                           CS for SB 2152
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 1         Section 20.  Subsection (5) of section 267.173, Florida

 2  Statutes, is amended to read:

 3         267.173  Historic preservation in West Florida; goals;

 4  contracts for historic preservation; powers and duties.--

 5         (5)  The Division of Historical Resources in the

 6  Department of State may contract with the University of West

 7  Florida to serve as the regional office for the West Florida

 8  region of the state from the Apalachicola River to the western

 9  boundaries of the state. In lieu of the establishment of a

10  citizen advisory board support organization as required by s.

11  267.031(5)(m), the University of West Florida may use an

12  existing direct-support organization of the university

13  provided that the membership of the direct-support

14  organization is representative of the area of the state to be

15  served and provides the needed expertise in the area of

16  historic preservation.

17         Section 21.  Paragraph (d) of subsection (5) and

18  paragraph (c) of subsection (7) of section 267.174, Florida

19  Statutes, are amended to read:

20         267.174  Discovery of Florida Quincentennial

21  Commemoration Commission.--

22         (5)  OFFICERS; BYLAWS; MEETINGS.--

23         (d)  The initial meeting of the commission shall be

24  held no later than January 31, 2007 2006. Subsequent meetings

25  shall be held upon the call of the chair or vice chair acting

26  in the absence of the chair, and in accordance with the

27  commission's bylaws.

28         (7)  DUTIES; MASTER PLAN.--

29         (c)  The commission shall establish a timetable and

30  budget for completion for all parts of the master plan which

31  shall be made a part of the plan. An initial draft of the plan

                                  20

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    Florida Senate - 2005                           CS for SB 2152
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 1  shall be completed and submitted to the Governor, the

 2  President of the Senate, the Speaker of the House of

 3  Representatives, and the Secretary of State by January 2008

 4  2007 with the completed master plan submitted to such

 5  officials by January 2009 2008.

 6         Section 22.  Sections 15.0913, 265.51, 265.52, 265.53,

 7  265.54, 265.55, and 265.56, Florida Statutes, are repealed.

 8         Section 23.  If any provision of this act or the

 9  application thereof to any person or circumstance is held

10  invalid, the invalidity does not affect other provisions or

11  applications of the act which can be given effect without the

12  invalid provision or application, and to this end the

13  provisions of this act are declared severable.

14         Section 24.  This act shall take effect July 1, 2005.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 2152

18                                 

19  Requires that letters of agreement between a division and
    citizen support organization provide for reversion to the
20  division of funds held by the citizen support organization if
    the division finds the citizen support organization is no
21  longer operating in the best interest of the state.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  21

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