November 11, 2019
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Senate Bill 2246

Senate Bill sb2246c1

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    Florida Senate - 2004                           CS for SB 2246

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




    302-2574-04

  1                      A bill to be entitled

  2         An act relating to preserving Florida's

  3         history; amending s. 267.031, F.S.; providing

  4         additional responsibilities of the Division of

  5         Historical Resources of the Department of State

  6         relating to preserving archaeological sites and

  7         artifacts; authorizing the division to enter

  8         into a memorandum of agreement with the

  9         University of West Florida for purposes of a

10         network of regional public archaeology centers;

11         amending s. 267.14, F.S.; providing additional

12         legislative intent relating to local

13         archaeology; creating s. 267.145, F.S.;

14         requiring the Department of State to create a

15         network of public archaeology centers for

16         certain purposes; requiring administration of

17         the network through a center at the University

18         of West Florida; providing for establishing

19         additional centers; creating s. 267.174, F.S.;

20         providing a popular name; creating the

21         Discovery of Florida Quincentennial

22         Commemoration Commission within the Department

23         of State for certain purposes; providing for

24         commission membership; providing for terms of

25         members; providing for successor appointment;

26         providing for election of officers; requiring

27         the commission to adopt bylaws; providing for

28         commission meetings; specifying serving without

29         compensation; providing for per diem and travel

30         expenses; requiring the commission to develop a

31         master plan for certain purposes; requiring a

                                  1

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         timetable and budget for the plan; requiring a

 2         report to the Governor and Legislature;

 3         providing responsibilities of the department;

 4         authorizing the appointment of subcommittees;

 5         requiring the Secretary of State to appoint an

 6         advisory committee composed of all former

 7         living Governors of the state; requiring the

 8         commission to provide advice and assistance to

 9         the Department of State regarding master plan

10         implementation and activities of a citizen

11         support organization; specifying the

12         appointment of two subcommittees; providing

13         compensation only for per diem and travel

14         expenses; requiring the Department of State to

15         provide administrative support and consulting

16         services subject to an appropriation;

17         authorizing the Department of State to enter

18         into contracts or accept loans or grants for

19         money, property, or personal services to

20         implement requirements; providing for

21         assumption of other functions to carry out

22         provisions; providing for the establishment of

23         a citizen support organization for certain

24         purposes; authorizing the organization to

25         receive moneys for certain purposes;

26         authorizing the Secretary of State to adopt a

27         master plan; providing for legislative budget

28         requests; providing for a term of existence of

29         the commission and the citizen support

30         organization; providing for transfer of

31         documents and remaining assets of the

                                  2

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         commission and citizen support organization

 2         upon termination; providing an effective date.

 3  

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

 5  

 6         Section 1.  Paragraph (p) is added to subsection (5) of

 7  section 267.031, Florida Statutes, present subsections (6) and

 8  (7) of that section are renumbered as subsections (7) and (8),

 9  respectively, and a new subsection (6) is added to that

10  section, to read:

11         267.031  Division of Historical Resources; powers and

12  duties.--

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

14         (p)  Advise and assist, as appropriate, federal and

15  state agencies, local governments, and organizations and

16  individuals in the recognition, protection, and preservation

17  of the archaeological sites and artifacts of this state,

18  directly and through a memorandum of agreement with a network

19  of public archaeology centers as described in s. 267.145.

20         (6)  The division may enter into a memorandum of

21  agreement with the University of West Florida to coordinate

22  the establishment and operation of a network of regional

23  public archaeology centers to provide public outreach and

24  assistance to local governments in identifying, evaluating,

25  developing, and preserving the archaeology in their local

26  areas and in assisting the division in its archaeological

27  responsibilities as outlined in this chapter and the

28  memorandum of agreement.

29         Section 2.  Section 267.14, Florida Statutes, is

30  amended to read:

31  

                                  3

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         267.14  Legislative intent.--It is hereby declared to

 2  be the public policy of the state to preserve archaeological

 3  sites and objects of antiquity for the public benefit and to

 4  limit exploration, excavation, and collection of such matters

 5  to qualified persons and educational institutions possessing

 6  the requisite skills and purpose to add to the general store

 7  of knowledge concerning history, archaeology, and

 8  anthropology. It is further declared to be the public policy

 9  of the state to provide public outreach and assistance to

10  local governments in identifying, evaluating, developing, and

11  preserving the archaeology in their local areas through the

12  establishment of a network of regional public archaeology

13  centers. It is further declared to be the public policy of the

14  state that field investigation activities on privately owned

15  lands should be discouraged except in accordance with both the

16  provisions and spirit of ss. 267.11-267.145 ss. 267.11-267.14;

17  and persons having knowledge of the location of archaeological

18  sites are encouraged to communicate such information to the

19  division.

20         Section 3.  Section 267.145, Florida Statutes, is

21  created to read:

22         267.145  Florida network of public archaeology

23  centers.--

24         (1)  The Department of State shall create, through a

25  memorandum of agreement, a Florida network of public

26  archaeology centers to help stem the rapid deterioration of

27  this state's buried past and to expand public interest in

28  archaeology. The network of public archaeology centers shall

29  work in cooperation with the State Historic Preservation

30  Officer and the division through the cooperative memorandum of

31  agreement.

                                  4

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         (2)  The network of public archaeology centers shall be

 2  administered through a public archaeology center at the

 3  University of West Florida. Additional centers shall be

 4  established throughout the state with each center located in

 5  an existing facility, free of charge, of a state university

 6  having a local archaeological program, a regional historic

 7  preservation office, the facility of a nonprofit organization

 8  that is involved in the archaeology of the region, or other

 9  locations as set forth in the memorandum of agreement.

10         Section 4.  Section 267.174, Florida Statutes, is

11  created to read:

12         267.174  Discovery of Florida Quincentennial

13  Commemoration Commission.--

14         (1)  POPULAR NAME.--This section may be cited as the

15  "Discovery of Florida Quincentennial Commemoration Commission

16  Act."

17         (2)  CREATION.--The Discovery of Florida Quincentennial

18  Commemoration Commission is created within the Department of

19  State for the purposes of planning and leading the Discovery

20  of Florida Quincentennial Commemoration, a celebration of the

21  500 year anniversary of Juan Ponce de Leon's discovery of

22  Florida.

23         (3)  MEMBERSHIP.--The commission shall consist of the

24  following members:

25         (a)1.  Seven members appointed by, and serving at the

26  pleasure of, the Governor. Five of these seven members shall

27  be from Charlotte, Lee, Palm Beach, St. Johns, and Monroe

28  Counties, respectively, which counties are associated with

29  Juan Ponce de Leon's 1513 voyage.

30         2.  Two members appointed by, and serving at the

31  pleasure of, the President of the Senate.

                                  5

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         3.  Two members appointed by, and serving at the

 2  pleasure of, the Speaker of the House of Representatives.

 3  

 4  Appointees shall be representatives of the general public who

 5  have interest or expertise in historic preservation,

 6  archaeology, the history of this state, arts education,

 7  marketing, the entertainment industry, tourism, or parks and

 8  recreation.

 9         (b)  The Secretary of State or the secretary's

10  designee.

11         (c)  The executive director of the Office of Tourism,

12  Trade, and Economic Development.

13         (d)  The chair of the Florida Historical Commission.

14         (e)  The chair of the Florida Arts Council.

15         (4)  TERMS; VACANCIES.--All appointed members shall be

16  appointed to a term of 4 years and shall be eligible for

17  reappointment. If a position becomes vacant, a successor shall

18  be appointed in the manner of the original appointment for

19  such position.

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

21         (a)  The commission shall elect from among its members

22  a chair, a vice chair, and such other officers as the

23  commission deems necessary or expedient in the performance of

24  its duties. Election of officers shall occur at the first

25  meeting of the commission and every 4 years thereafter or

26  sooner if a vacancy occurs.

27         (b)  A majority of the total membership shall

28  constitute a quorum. No vacancy in the membership shall impair

29  the right of a quorum to exercise all of the functions and

30  duties of the commission. All action taken by the commission

31  shall be by majority vote of those members present.

                                  6

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         (c)  The commission shall adopt bylaws for the conduct

 2  of its business and shall have the power to amend and rescind

 3  its bylaws. The commission shall publish its bylaws in

 4  convenient form and shall file with the Department of State a

 5  copy of such bylaws and a copy of any amendment to such

 6  bylaws.

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

 8  held no later than January 1, 2005. Subsequent meetings shall

 9  be held upon the call of the chair or vice chair acting in the

10  absence of the chair, and in accordance with the commission's

11  bylaws.

12         (e)  Records and meetings of the commission shall be

13  subject to the provisions of chapters 119 and 286.

14         (6)  REIMBURSEMENT FOR EXPENSES.--Members shall serve

15  without compensation, except that members are entitled to per

16  diem and travel expenses, pursuant to s. 112.061, incurred in

17  the performance of their duties.

18         (7)  DUTIES; MASTER PLAN.--

19         (a)  The commission shall develop a statewide master

20  plan for commemorating the quincentennial of Juan Ponce de

21  Leon's discovery of Florida. The plan shall be developed to

22  encourage and support participation in the quincentennial by

23  all interested ethnic groups in geographical areas of the

24  state. The commission shall work with representatives from the

25  state's tourism industries, cultural and historical venues,

26  entertainment industry, parks and recreation programs, K-20

27  educational institutions, local governments, state and federal

28  agencies, and others as necessary in the preparation and

29  implementation of the master plan.

30         (b)  The master plan may include, but is not limited

31  to, the following projects and activities:

                                  7

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         1.  State and local historic preservation programs and

 2  activities.

 3         2.  State and local archaeological programs and

 4  activities.

 5         3.  Publications, films, and other educational

 6  materials.

 7         4.  Biographical, bibliographical, and documentary

 8  projects that chronicle the life of Juan Ponce de Leon, his

 9  1513 and 1521 voyages to this state, the creation of the

10  commission, and the implementation of the master plan.

11         5.  Conferences, lectures, seminars, and other

12  programs.

13         6.  Museum, library, cultural center, park

14  improvements, services, and exhibits, including, but not

15  limited to, a quincentennial commemorative painting and mobile

16  exhibits.

17         7.  Programs that educate the public on Florida's

18  extinct Native American cultures.

19         8.  Public art that captures the spirit of exploration.

20         9.  Tourism attractions, license plate, logo, seal or

21  trademark design, and retail items.

22         10.  Ceremonies, celebrations, and commemorations

23  throughout the state with special emphasis on such in

24  Charlotte, Lee, Palm Beach, St. Johns, and Monroe Counties,

25  which counties are associated with Juan Ponce de Leon's 1513

26  voyage.

27         (c)  The commission shall establish a timetable and

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

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

30  shall be completed and submitted to the Governor, the

31  President of the Senate, the Speaker of the House of

                                  8

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1  Representatives, and the Secretary of State by January 2007

 2  with the completed master plan submitted to such officials by

 3  January 2008.

 4         (d)  The commission shall be responsible for providing

 5  such other assistance and advice to the department as may be

 6  required from time to time in matters pertaining to the

 7  implementation of the master plan, including, but not limited

 8  to, activities of the citizen support organization created by

 9  this section for the purpose of raising funds and assisting in

10  the development and implementation of the master plan relating

11  to the quincentennial commemoration of the discovery of this

12  state.

13         (8)  RESPONSIBILITIES OF THE DEPARTMENT OF STATE.--

14         (a)  Subject to appropriation, the department shall

15  provide administrative support and consulting services to the

16  commission for the commission's activities and duties as

17  provided in this section.

18         (b)1.  The Secretary of State may appoint subcommittees

19  as requested by the commission, which may include persons who

20  are not members of the commission. Such persons are not

21  entitled to compensation but shall be reimbursed for necessary

22  expenses incurred in the performance of their duties.

23         2.  In addition to subcommittees requested by the

24  commission, there shall be a subcommittee composed of

25  representatives of local governments which shall include, but

26  not be limited to, a representative from each of the counties

27  of this state with a documented association with Juan Ponce de

28  Leon's 1513 and 1521 voyages to assist the commission in

29  fulfilling its responsibilities under this section and in

30  assisting implementation of the master plan in local

31  communities throughout the state.

                                  9

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         3.  The secretary shall appoint an advisory committee

 2  to the commission which shall be composed of all former living

 3  governors of this state to assist and advise the commission in

 4  fulfilling its responsibilities under this section.

 5         (c)  The Department of State may enter into contracts

 6  with, or accept loans or grants of money, property, or

 7  personal services from, any agency, corporation, or person to

 8  carry out the requirements of this section.

 9         (d)1.  The Division of Historical Resources of the

10  Department of State may support the establishment of a citizen

11  support organization pursuant to s. 267.17 to assist the

12  commission in the development and implementation of the master

13  plan relating to the quincentennial commemoration of the

14  discovery of this state. The citizen support organization may

15  receive funds from the general public or other public or

16  private sources for the purpose of funding its activities and

17  implementing the provisions of this section. In addition to

18  funds received from the general public or other public and

19  private sources, the organization may receive funds from state

20  agencies at such times and in such amounts as may be

21  appropriated by the Legislature.

22         2.  Costs to underwrite activities related to the

23  commemoration of the quincentennial may be borne from revenues

24  raised by the citizen support organization.

25         (e)  The Secretary of State may adopt the plan

26  developed by the commission.

27         (f)  The commission shall make recommendations for

28  funding to the Secretary of State and the department shall

29  include requests for funding for the commission and for the

30  master plan in the department's legislative budget request, as

31  the secretary deems appropriate.

                                  10

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    Florida Senate - 2004                           CS for SB 2246
    302-2574-04




 1         (9)  TERMINATION OF COMMISSION AND CITIZEN SUPPORT

 2  ORGANIZATION.--The commission and the citizen support

 3  organization created in this section shall terminate on July

 4  1, 2014. Prior to termination, all documents of the commission

 5  and of the citizen support organization shall be transferred

 6  to the Department of State and all remaining assets shall be

 7  transferred to the Historical Operating Trust Fund.

 8         Section 5.  This act shall take effect upon becoming a

 9  law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                             SB 2246

13                                 

14  Authorizes the establishment of a network of regional public
    archaeology centers throughout the state.
15  
    Modifies the composition of the Discovery of Florida
16  Quincentennial Commemoration Commission.

17  Establishes duties of the commission.

18  Authorizes the establishment of a citizen support organization
    to support the activities of the commission.
19  
    Provides that documents and assets of the commission and the
20  citizen support organization revert to the state upon
    termination.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  11

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