Florida Senate - 2010               CS for CS for CS for SB 2330
       By the Committees on Transportation and Economic Development
       Appropriations; Governmental Oversight and Accountability;
       Commerce; and Commerce
       606-04864-10                                          20102330c3
    1                        A bill to be entitled                      
    2         An act relating to a review of the Department of State
    3         under the Florida Government Accountability Act;
    4         reenacting s. 20.10, F.S., relating to the
    5         establishment of the department; amending s. 117.01,
    6         F.S.; assigning various duties of the Executive Office
    7         of the Governor relating to notaries public to the
    8         department; revising the application requirements for
    9         notaries public; requiring notary public applicants to
   10         complete certain interactive or classroom instruction;
   11         authorizing certain persons or entities to offer
   12         courses for the required instruction; revising
   13         provisions for the deposit and use of funds from the
   14         notary public surcharge; providing penalties for
   15         applicants who submit applications containing certain
   16         statements; requiring the department to provide notice
   17         on notary application forms of criminal penalties for
   18         providing false information; providing for the filing
   19         and investigation of complaints against notaries
   20         public; requiring the department to submit
   21         investigative findings to the Executive Office of the
   22         Governor; deleting obsolete provisions relating to
   23         notary bonds; requiring entities issuing notary bonds
   24         to submit annual reports to the department; requiring
   25         the department to refuse bonding certificates from
   26         such entity that does not submit its annual report by
   27         a specified date; conforming provisions; amending ss.
   28         117.021, 117.05, and 117.103, F.S.; deleting an
   29         obsolete provision relating to notary public seals;
   30         conforming provisions; amending s. 117.107, F.S.;
   31         prohibiting a notary public from using a signature
   32         stamp except under certain circumstances; providing
   33         penalties; specifying that notaries public are subject
   34         to suspension under certain circumstances;
   35         transferring the administration of certain provisions
   36         relating to notaries public from the Executive Office
   37         of the Governor to the department; amending s. 668.50,
   38         F.S.; deleting requirements for certain interactive or
   39         classroom instruction for notaries public, to conform;
   40         amending s. 257.015, F.S.; providing definitions;
   41         amending s. 257.02, F.S.; renaming the State Library
   42         Council; revising the council’s membership and duties;
   43         providing for a quorum of council members; specifying
   44         the vote required for official action by the council;
   45         amending s. 257.031, F.S.; conforming provisions;
   46         amending s. 257.05, F.S.; establishing the state
   47         publications program; requiring state agencies to
   48         furnish the department’s Division of Library and
   49         Information Services with copies of state publications
   50         and designate agency publications liaisons; deleting
   51         provisions requiring certain officials and agencies to
   52         provide the division with specified numbers of public
   53         documents; revising the division’s duties with respect
   54         to the management, distribution, and exchange of state
   55         publications and the establishment of a periodic
   56         bibliography for such publications; requiring
   57         depository libraries to maintain state publications in
   58         a specified manner; authorizing the division to adopt
   59         rules; amending s. 257.105, F.S.; requiring state
   60         agencies to furnish copies of state publications to
   61         the Library of Congress; conforming provisions;
   62         amending s. 267.0612, F.S.; revising the duties of the
   63         Florida Historical Commission; transferring to the
   64         commission and revising provisions for the Official
   65         Florida Historical Markers, the State Historical
   66         Marker Program, and the Great Floridians Program to
   67         conform to the repeal by the act of provisions
   68         establishing the State Historical Marker Council and
   69         the Great Floridians Program; amending s. 267.075,
   70         F.S.; deleting provisions establishing The Grove
   71         Advisory Council; authorizing the Division of
   72         Historical Resources to charge visitor fees, establish
   73         an endowment, and conduct fundraising activities;
   74         authorizing the division, or under certain
   75         circumstances a citizen support organization, to
   76         operate a museum store and provide visitor services
   77         and activities at The Grove; providing for use of the
   78         net proceeds from the museum store and the visitor
   79         services and activities; amending s. 267.16, F.S.;
   80         requiring the division to make folklife apprenticeship
   81         programs available throughout the state; amending s.
   82         267.161, F.S.; assigning certain duties to the Florida
   83         Folklife Council with respect to folklife
   84         apprenticeship programs; amending ss. 283.31 and
   85         286.001, F.S.; conforming provisions to changes made
   86         by the act; conforming cross-references; amending s.
   87         872.05, F.S.; excluding certain portions of human
   88         remains from the definition of the term “unmarked
   89         human burial” for purposes of the duties of the State
   90         Archaeologist and district medical examiners;
   91         repealing ss. 267.0731 and 267.0743, F.S., relating to
   92         the Great Floridians Program and the State Historical
   93         Marker Council, respectively; providing an effective
   94         date.
   96  Be It Enacted by the Legislature of the State of Florida:
   98         Section 1. Section 20.10, Florida Statutes, is reenacted.
   99         Section 2. Section 117.01, Florida Statutes, is amended to
  100  read:
  101         117.01 Appointment, application, suspension, revocation,
  102  application fee, bond, and oath.—
  103         (1) The Governor may appoint as many notaries public as he
  104  or she deems necessary, each of whom must shall be at least 18
  105  years of age and a legal resident of the state. A permanent
  106  resident alien may apply and be appointed and shall file with
  107  his or her application a recorded declaration of domicile. The
  108  residence required for appointment must be maintained throughout
  109  the term of appointment.
  110         (2) An applicant for appointment as a notary public,
  111  including an original, renewal, or subsequent applicant, must
  112  submit proof that, within 1 year before application, he or she
  113  completed at least 3 hours of interactive or classroom
  114  instruction, including electronic notarization, covering the
  115  duties of the notary public. Courses satisfying this requirement
  116  may be offered by any public or private-sector person or entity
  117  registered with the Department of State and must include a core
  118  curriculum approved by the department.
  119         (3)A notary Notaries public shall be appointed for a term
  120  of 4 years and shall use and exercise the office of notary
  121  public within the boundaries of this state. An applicant must be
  122  able to read, write, and understand the English language.
  123         (4)(2) The application for appointment must shall be signed
  124  and sworn to or affirmed by the applicant, submitted to the
  125  Department of State, and shall be accompanied by a fee of $25,
  126  together with the $10 commission fee required by s. 113.01, and
  127  a surcharge of $4. Of the surcharge, $2.80 shall be deposited
  128  into the Grants and Donations Trust Fund of which $4 is
  129  appropriated to the Executive Office of the Governor to be used
  130  to fund the issuance of notary commissions and the processing of
  131  suspensions, and the remaining $1.20 shall be deposited into the
  132  Operating Trust Fund of the Department of State to be used to
  133  fund the processing of notary applications, education educate
  134  and assistance for assist notaries public, and the investigation
  135  of complaints against notaries public.
  136         (a) The Department of State Executive Office of the
  137  Governor may contract with private vendors to provide the
  138  services set forth in this section. However, a no commission fee
  139  is not shall be required for the issuance of a commission as a
  140  notary public to a veteran, as defined in s. 1.01, who served
  141  during a period of wartime service, as defined in s. 1.01(14),
  142  and who has been rated by the United States Government or the
  143  United States Department of Veterans Affairs or its predecessor
  144  to have a disability rating of 50 percent or more; such a
  145  disability is subject to verification by the Department
  146  Secretary of State, which who has authority to adopt reasonable
  147  procedures to implement this chapter act.
  148         (b)An application must be accompanied by the oath of
  149  office and the notary bond required by this section. An shall
  150  also accompany the application must and shall be submitted in
  151  the format a form prescribed by the Department of State and, at
  152  a minimum, must include which shall require, but not be limited
  153  to, the following information:
  154         1.The applicant’s legal full name.,
  155         2.The applicant’s residence address and telephone number.,
  156         3.The applicant’s business address and telephone number.,
  157         4.The applicant’s date of birth, race, gender, and
  158  citizenship status. sex,
  159         5.The applicant’s social security number., citizenship
  160  status,
  161         6.The applicant’s driver’s license number or the number of
  162  another other official state-issued identification., affidavit
  163  of good character from someone unrelated to the applicant who
  164  has known the applicant for 1 year or more,
  165         7. A list of all professional licenses and commissions
  166  issued by the state to the applicant during the previous 10
  167  years and a statement as to whether or not the applicant has had
  168  such license or commission revoked or suspended., and
  169         8. A statement as to whether the applicant has previously
  170  been commissioned as a notary public in this state.
  171         9.A statement as to whether or not the applicant has been
  172  convicted or found guilty of a felony, and, if convicted or
  173  found guilty there has been a conviction, a statement of the
  174  nature of the felony and restoration of civil rights. The
  175  applicant may not use a fictitious or assumed name other than a
  176  nickname on an application for commission.
  177         (c) The application shall be maintained by the Department
  178  of State for the full term of a notary commission. A notary
  179  public shall notify, in writing, the Department of State of any
  180  change in his or her business address or, home telephone number,
  181  residence address or business telephone number, home address, or
  182  criminal history record within 60 days after such change.
  183         (d) The Department of State or Governor may require any
  184  other information he or she deems necessary for determining
  185  whether an applicant is eligible for a notary public commission.
  186  Each applicant must swear or affirm on the application that the
  187  information on the application is true and correct.
  188         (e)An applicant who submits an application that he or she
  189  knows to contain any false, fictitious, or fraudulent statement
  190  violates s. 817.155.
  191         (f)The Department of State shall conspicuously place on
  192  all notary public application forms the following statement:
  193  “Please note that any applicant who submits an application that
  194  he or she knows to contain any false, fictitious, or fraudulent
  195  statement commits a felony of the third degree pursuant to s.
  196  817.155, Florida Statutes.”
  197         (5)(3) As part of the oath, the applicant must swear or
  198  affirm that he or she has read this chapter and knows the
  199  duties, responsibilities, limitations, and powers of a notary
  200  public.
  201         (6)Any person may file a complaint with the Department of
  202  State alleging a violation of this chapter by a notary public.
  203  Upon receipt of a complaint, the department shall investigate
  204  the complaint and submit a summary of its investigative findings
  205  to the Executive Office of the Governor.
  206         (7)(4) The Governor may suspend a notary public for any of
  207  the grounds provided in s. 7, Art. IV of the State Constitution.
  208  Grounds constituting malfeasance, misfeasance, or neglect of
  209  duty include, but are not limited to, the following:
  210         (a) A material false statement on the application.
  211         (b) A complaint found to have merit by the Governor.
  212         (c) Failure to cooperate with or respond to an
  213  investigation by the Executive Office of the Governor Governor’s
  214  office or the Department of State regarding a complaint.
  215         (d) Official misconduct as defined in s. 838.022.
  216         (e) False or misleading advertising relating to notary
  217  public services.
  218         (f) Unauthorized practice of law.
  219         (g) Failure to report a change in business or residence
  220  home address or telephone number, or failure to submit
  221  documentation to request an amended commission after a lawful
  222  name change, within the specified period of time.
  223         (h) Commission of fraud, misrepresentation, or any
  224  intentional violation of this chapter.
  225         (i) Charging fees in excess of fees authorized by this
  226  chapter.
  227         (j) Failure to maintain the bond required by this section.
  228         (8)(5)(a) If a notary public receives notice from the
  229  Department of State that he or she his or her office has been
  230  suspended from office declared vacant, the notary public shall
  231  forthwith mail or deliver to the Secretary of State his or her
  232  notary commission to the Department of State.
  233         (9)(b) A notary public who wishes to resign his or her
  234  commission, or a notary public who does not maintain legal
  235  residence in this state during the entire term of appointment,
  236  or a notary public whose resignation is required by the
  237  Governor, shall send a signed letter of resignation to the
  238  Governor and shall return his or her certificate of notary
  239  public commission. The resigning notary public shall destroy his
  240  or her official notary public seal of office, unless the
  241  Governor requests its return.
  242         (10)(6)A No person may not be automatically be reappointed
  243  as a notary public. The application process must be completed
  244  regardless of whether an applicant is requesting his or her
  245  initial first notary commission, a renewal of a commission, or
  246  any subsequent commission.
  247         (11)(7)(a) A notary public shall, before prior to executing
  248  the duties of the office and throughout the term of office, give
  249  bond, payable to any individual harmed as a result of a breach
  250  of duty by the notary public acting in his or her official
  251  capacity, in the amount of $7,500, conditioned on for the due
  252  discharge of the office and shall take an oath that he or she
  253  will honestly, diligently, and faithfully discharge the duties
  254  of the notary public.
  255         (a) The bond must shall be approved and filed with the
  256  Department of State and executed by a surety company for hire
  257  duly authorized to transact business in this state.
  258         (b) Any notary public whose term of appointment extends
  259  beyond January 1, 1999, is required to increase the amount of
  260  his or her bond to $7,500 only upon reappointment on or after
  261  January 1, 1999.
  262         (b)(c)Beginning July 1, 1996, Surety companies for hire
  263  which process notary public applications, oaths, or affidavits
  264  of character, and bonds for submission to the Department of
  265  State must properly submit these documents in a software and
  266  hard copy format approved by the department of State.
  267         (c)(8)An Upon payment to any individual harmed as a result
  268  of a breach of duty by the notary public, the entity issuing
  269  bonds for one or more notaries public must submit an annual
  270  report to the Department of State by January 1 of each year
  271  which includes a statement of whether any claims were paid and,
  272  if the claims were paid, a summary of who has issued the bond
  273  for the notary public shall notify the Governor of the payment
  274  and the circumstances that which led to the claim. If an entity
  275  issuing such bonds does not submit its annual report to the
  276  department by January 1, the department shall refuse to accept
  277  bonding certificates from the entity until the entity submits
  278  its annual report.
  279         Section 3. Subsection (4) of section 117.021, Florida
  280  Statutes, is amended to read:
  281         117.021 Electronic notarization.—
  282         (4) Failure of a notary public to comply with any of the
  283  requirements of this section may constitute grounds for
  284  suspension of the notary public’s commission by the Executive
  285  Office of the Governor.
  286         Section 4. Subsections (1), (3), and (9) of section 117.05,
  287  Florida Statutes, are amended to read:
  288         117.05 Use of notary commission; unlawful use; notary fee;
  289  seal; duties; employer liability; name change; advertising;
  290  photocopies; penalties.—
  291         (1) A No person may not shall obtain or use a notary public
  292  commission in other than his or her legal name or, and it is
  293  unlawful for a notary public to notarize his or her own
  294  signature. Any person applying for a notary public commission
  295  must submit proof of identity to the Department of State if so
  296  requested. Any person who violates the provisions of this
  297  subsection commits is guilty of a felony of the third degree,
  298  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  299         (3)(a) A notary public seal shall be affixed to all
  300  notarized paper documents and shall be of the rubber stamp type
  301  and shall include the words “Notary Public-State of Florida.”
  302  The seal must shall also include the name of the notary public,
  303  the date of expiration of the commission of the notary public,
  304  and the commission number. The rubber stamp seal must be affixed
  305  to the notarized paper document in photographically reproducible
  306  black ink. Every notary public shall print, type, or stamp below
  307  his or her signature on a paper document his or her name exactly
  308  as commissioned. An impression-type seal may be used in addition
  309  to the rubber stamp seal, but the rubber stamp seal is shall be
  310  the official seal for use on a paper document, and the
  311  impression-type seal may not be substituted therefor.
  312         (b) Any notary public whose term of appointment extends
  313  beyond January 1, 1992, is required to use a rubber stamp type
  314  notary public seal on paper documents only upon reappointment on
  315  or after January 1, 1992.
  316         (a)(c) The notary public official seal and the certificate
  317  of notary public commission are the exclusive property of the
  318  notary public and must be kept under the direct and exclusive
  319  control of the notary public. The seal and certificate of
  320  commission may must not be surrendered to an employer upon
  321  termination of employment, regardless of whether the employer
  322  paid for the seal or for the commission.
  323         (b)(d) A notary public whose official seal is lost, stolen,
  324  or believed to be in the possession of another person shall
  325  immediately notify the Department of State or the Governor in
  326  writing.
  327         (c)(e) Any person who unlawfully possesses a notary public
  328  official seal or any papers or copies relating to notarial acts
  329  commits is guilty of a misdemeanor of the second degree,
  330  punishable as provided in s. 775.082 or s. 775.083.
  331         (9) Any notary public who lawfully changes his or her name
  332  must shall, within 60 days after such change, request an amended
  333  commission from the Department Secretary of State and shall send
  334  $25, his or her current commission, and a notice of change form,
  335  obtained from the department Secretary of State, which shall
  336  include the new name and contain a specimen of his or her
  337  official signature. The department Secretary of State shall
  338  issue an amended commission to the notary public in the new
  339  name. A rider to the notary public’s bond must accompany the
  340  notice of change form. After submitting the required notice of
  341  change form and rider to the department Secretary of State, the
  342  notary public may continue to perform notarial acts in his or
  343  her former name for 60 days or until receipt of the amended
  344  commission, whichever occurs first date is earlier.
  345         Section 5. Section 117.103, Florida Statutes, is amended to
  346  read:
  347         117.103 Certification of notary’s authority by Secretary of
  348  State.—A notary public is not required to record his or her
  349  notary public commission in an office of a clerk of the circuit
  350  court. If certification of the notary public’s commission is
  351  required, it must be obtained from the Department Secretary of
  352  State. Upon the receipt of a written request and a fee of $10
  353  payable to the Department Secretary of State, the department
  354  Secretary of State shall issue a certificate of notarial
  355  authority, in a form prescribed by the department Secretary of
  356  State, which includes shall include a statement explaining the
  357  legal qualifications and authority of a notary public in this
  358  state.
  359         Section 6. Subsections (2) and (9) of section 117.107,
  360  Florida Statutes, are amended to read:
  361         117.107 Prohibited acts.—
  362         (2) A notary public may not sign notarial certificates
  363  using a facsimile signature stamp unless the notary public has a
  364  physical disability that limits or prohibits his or her ability
  365  to make a written signature and unless the notary public has
  366  first submitted written notice to the Department of State with
  367  an exemplar of the facsimile signature stamp.
  368         (9) A notary public may not notarize a signature on a
  369  document if the person whose signature is being notarized is not
  370  in the presence of the notary public at the time the signature
  371  is notarized. A Any notary public who violates this subsection
  372  commits is guilty of a civil infraction, punishable by penalty
  373  not exceeding $5,000, and such violation constitutes malfeasance
  374  and misfeasance in the conduct of official duties. It is not a
  375  no defense to the civil infraction specified in this subsection
  376  that the notary public acted without intent to defraud. A notary
  377  public who violates this subsection with the intent to defraud
  378  violates is guilty of violating s. 117.105 and is subject to
  379  suspension pursuant to s. 117.01(7).
  380         Section 7. All powers, duties, functions, rules, records,
  381  personnel, and property; unexpended balances of appropriations,
  382  allocations, or other funds; administrative authority; pending
  383  issues; and existing contracts of the Executive Office of the
  384  Governor relating to notaries public or the administration of
  385  chapter 117, Florida Statutes, except for the issuance of notary
  386  commissions and the suspension of notaries public, are
  387  transferred by a type two transfer, as defined in s. 20.06(2),
  388  Florida Statutes, from the Executive Office of the Governor to
  389  the Department of State.
  390         Section 8. Subsection (11) of section 668.50, Florida
  391  Statutes, is amended to read:
  392         668.50 Uniform Electronic Transaction Act.—
  394         (a) If a law requires a signature or record to be
  395  notarized, acknowledged, verified, or made under oath, the
  396  requirement is satisfied if the electronic signature of the
  397  person authorized by applicable law to perform those acts,
  398  together with all other information required to be included by
  399  other applicable law, is attached to or logically associated
  400  with the signature or record. Neither a rubber stamp nor an
  401  impression type seal is required for an electronic notarization.
  402         (b) A first-time applicant for a notary commission must
  403  submit proof that the applicant has, within 1 year prior to the
  404  application, completed at least 3 hours of interactive or
  405  classroom instruction, including electronic notarization, and
  406  covering the duties of the notary public. Courses satisfying
  407  this section may be offered by any public or private sector
  408  person or entity registered with the Executive Office of the
  409  Governor and must include a core curriculum approved by that
  410  office.
  411         Section 9. Section 257.015, Florida Statutes, is amended to
  412  read:
  413         257.015 Definitions.—As used in this chapter, the term:
  414         (1) “Department” means the Department of State.
  415         (2) “Depository library” means a library designated as a
  416  depository library for state publications pursuant to s.
  417  257.05(4)(c).
  418         (3)(2) “Division” means the Division of Library and
  419  Information Services of the department of State.
  420         (4)(3) “Secretary” means the Secretary of State.
  421         (5) “State agency” means any official, officer, commission,
  422  board, authority, council, committee, or department of state
  423  government or any state court.
  424         (6)(4) “State Librarian” means the person appointed by the
  425  secretary as the director of the division of Library and
  426  Information Services pursuant to s. 257.031.
  427         (7) “State publication” means a publication in any format
  428  containing information about the state or state government,
  429  which is of significant value to researchers and the public; is
  430  created under the authority of, or at least partially at the
  431  expense of, a state agency; or that must, by law, be distributed
  432  to the public. The term does not include a publication created
  433  exclusively for a state agency’s internal use.
  434         Section 10. Subsections (1) and (4) of section 257.02,
  435  Florida Statutes, are amended to read:
  436         257.02 State Library Information Services Council.—
  437         (1) There shall be A State Library Information Services
  438  Council is established to advise and assist the division with
  439  planning, policy, and priorities for the development of
  440  statewide information services of Library and Information
  441  Services on its programs and activities.
  442         (1) The council shall consist of nine members who shall be
  443  appointed by the Secretary of State. Of the nine members, at
  444  least one member must represent the a Florida library profession
  445  professional association, at least one member must represent the
  446  a Florida archive profession professional association, and at
  447  least one member must represent the a Florida records management
  448  profession professional association, and at least one must be a
  449  person who is not, and has never been, employed in a library or
  450  in teaching library science courses.
  451         (a) Of the nine members, the executive director of the
  452  Florida Center for Library Automation or the center’s successor,
  453  and the executive director of the College Center for Library
  454  Automation or the center’s successor, or their designees, shall
  455  serve ex officio as voting members of the council.
  456         (b) Members shall be appointed for 4-year terms. A vacancy
  457  on the council shall be filled for the period of the unexpired
  458  term. A member whose term expires shall continue to serve as a
  459  member of the council until his or her successor or designee is
  460  appointed. Except for the ex officio members serving pursuant to
  461  paragraph (a), a No person may not be appointed to serve more
  462  than two consecutive terms as a member of the council.
  463         (c) The secretary of State may remove from office any
  464  council member for malfeasance, misfeasance, neglect of duty,
  465  incompetence, permanent inability to perform official duties, or
  466  pleading guilty or nolo contendere to, or being found guilty of,
  467  a felony.
  468         (2)(4) The officers of the State Library council shall be a
  469  chair, elected annually from the members thereof, and the State
  470  Librarian, who shall serve without voting rights as secretary of
  471  the council.
  472         (3) A majority of the council membership constitutes a
  473  quorum. The council may not conduct a meeting unless a quorum is
  474  present. An official action by the council requires the
  475  affirmative vote of a majority of the members present.
  476         Section 11. Section 257.031, Florida Statutes, is amended
  477  to read:
  478         257.031 State Librarian; appointment and duties.—
  479         (1) The State Librarian shall be appointed by the secretary
  480  of State, shall have completed a library school program
  481  accredited by the American Library Association, and shall serve
  482  as the director of the division of Library and Information
  483  Services of the Department of State. The Secretary of State may,
  484  In making the appointment of the State Librarian, the secretary
  485  may consult the members of the State Library Information
  486  Services Council.
  487         (2) The State Librarian shall:
  488         (a) Keep a record of the proceedings of the State Library
  489  Information Services Council;
  490         (b) Keep an accurate account of the financial transactions
  491  of the division;
  492         (c) Have charge of the work of the division in organizing
  493  new libraries and improving those already established;
  494         (d) In general, perform such duties as may, from time to
  495  time, be assigned to him or her by the secretary of State; and
  496         (e) Manage operations of the programs assigned by law to
  497  the division.
  498         Section 12. Section 257.05, Florida Statutes, is amended to
  499  read:
  500         257.05 State publications program Public documents;
  501  delivery to, and distribution by, division.—
  502         (1) The state publications program is established to make
  503  significant information about the state and state government
  504  accessible to researchers and the public through depository
  505  libraries throughout the state.
  506         (2) Each state agency shall:
  507         (a) Upon its release of a state publication, furnish the
  508  division with copies of the publication for distribution to
  509  depository libraries throughout the state as provided by
  510  division rules.
  511         (b) Designate the agency’s communications director or
  512  equivalent position as its agency publications liaison and
  513  notify the division of the liaison’s identity. The publications
  514  liaison shall maintain a list of the agency’s state publications
  515  and periodically, but at least once each year by December 31,
  516  furnish an updated list to the division.
  517         (1) The term “public document” as used in this section
  518  means any document, report, directory, bibliography, rule,
  519  newsletter, pamphlet, brochure, periodical, or other
  520  publication, whether in print or nonprint format, that is paid
  521  for in whole or in part by funds appropriated by the Legislature
  522  and may be subject to distribution to the public; however, the
  523  term excludes publications for internal use by an executive
  524  agency as defined in s. 283.30.
  525         (2)(a) Each state official, state department, state board,
  526  state court, or state agency issuing public documents shall
  527  furnish the Division of Library and Information Services of the
  528  Department of State 35 copies of each of those public documents,
  529  as issued, for deposit in and distribution by the division.
  530  However, if the division so requests, as many as 15 additional
  531  copies of each public document shall be supplied to it.
  532         (b) If any state official, state department, state board,
  533  state court, or state agency has fewer than 40 copies of any
  534  public document, it shall supply the division with 2 copies of
  535  each such public document for deposit in the State Library.
  536         (c) By December 31 of each year, any state official, state
  537  department, state board, state court, or state agency issuing
  538  public documents shall furnish to the division a list of all
  539  public documents, including each publication that is on the
  540  agency’s website, issued by the official, department, board,
  541  court, or agency during that calendar year.
  542         (3)(d) As issued, daily journals and bound journals of each
  543  house of the Legislature; slip laws and bound session laws, both
  544  general and special; and Florida Statutes and supplements
  545  thereto shall be furnished to the division by the state
  546  official, department, or agency having charge of their
  547  distribution. The number of copies furnished shall be determined
  548  by requests of the division, which number in no case may exceed
  549  35 copies of the particular publication.
  550         (4)(3)It is the duty of The division shall to:
  551         (a) Manage the state publications program.
  552         (b) Be the official repository for state publications.
  553         (c)(a) Designate university, college, and public libraries
  554  as depository libraries depositories for state publications
  555  public documents and to designate certain of these depositories
  556  as regional centers for full collections of public documents.
  557         (d)(b)Establish Provide a system for the of distribution
  558  of the copies of state publications furnished to depository
  559  libraries it under subsection (2) to such depositories.
  560         (e)(c)Establish Publish a periodic bibliography for of the
  561  state publications program of the state.
  562         (5) The division may exchange copies of state publications
  563  public documents for copies of publications from those of other
  564  states, territories, and countries. Depositories receiving
  565  public documents under this section shall keep them in a
  566  convenient form accessible to the public.
  567         (6) A depository library shall maintain state publications
  568  in a format that is convenient and accessible to researchers and
  569  the public.
  570         (7) The division may adopt rules to administer the state
  571  publications program and this section.
  572         Section 13. Section 257.105, Florida Statutes, is amended
  573  to read:
  574         257.105 State publications Public documents; copies to
  575  Library of Congress.—Each Any state official or state agency,
  576  board, commission, or institution having charge of any of the
  577  following state publications shall, upon requisition from
  578  hereinafter named is authorized and directed to furnish the
  579  Library of Congress in Washington, D.C., furnish upon
  580  requisition from the Library of Congress with, up to three
  581  copies of:
  582         (1) The journals of both houses of the Legislature;
  583         (2) Volumes of the Supreme Court Reports;
  584         (3) Volumes of periodic reports of Cabinet officers; and
  585         (4)Copies of Reports, studies, maps, or other publications
  586  by official boards or institutions of the state which, from time
  587  to time, as such are published and are available for public
  588  distribution.
  589         Section 14. Paragraph (g) is added to subsection (6) of
  590  section 267.0612, Florida Statutes, and subsection (9) is added
  591  to that section, to read:
  592         267.0612 Florida Historical Commission; creation;
  593  membership; powers and duties.—In order to enhance public
  594  participation and involvement in the preservation and protection
  595  of the state’s historic and archaeological sites and properties,
  596  there is created within the Department of State the “Florida
  597  Historical Commission.” The commission shall serve in an
  598  advisory capacity to the director of the Division of Historical
  599  Resources to assist the director in carrying out the purposes,
  600  duties, and responsibilities of the division, as specified in
  601  this chapter.
  602         (6) It shall be the responsibility of the commission to
  603  provide assistance, advice, and recommendations to the division
  604  in:
  605         (g) Evaluating proposals for Official Florida Historical
  606  Markers and identifying goals for the State Historical Marker
  607  Program. The evaluation process must seek to establish the
  608  significance of the subject proposed for a marker. However, due
  609  to the complexity or burdens of the process, the proposal and
  610  evaluation process may not preclude private citizens from
  611  directly submitting proposals without professional assistance.
  612         (9) The division shall establish and administer the Great
  613  Floridians Program in order to recognize and record the
  614  achievements of Floridians who have made major contributions to
  615  the progress and welfare of the nation or the state and its
  616  residents. Living and deceased persons are eligible for
  617  recognition, although a person whose contributions are achieved
  618  through elected or appointed public service is not eligible for
  619  recognition while holding such office.
  620         (a) The commission shall annually nominate one or more
  621  persons with the recommendation that they be honored with the
  622  designation “Great Floridian.” The nominations shall be
  623  submitted to the secretary, who may select one or more persons
  624  to be honored from among the nominations.
  625         (b) To enhance public participation and involvement in the
  626  identification of persons worthy of nomination as a Great
  627  Floridian, the division shall seek the advice and assistance of
  628  persons qualified through the demonstration of special interest,
  629  experience, or education in the dissemination of knowledge about
  630  the state’s history.
  631         (c) Upon the secretary’s designation of a person as a Great
  632  Floridian, the division shall undertake appropriate activities
  633  to achieve wide public knowledge of the person designated.
  634         (d) The division may seek to initiate production of a film,
  635  video, or digital media production depicting the life and
  636  contributions of the designee to the state and nation.
  637         1. The department may be the repository of the original
  638  film, video, or digital media produced under this paragraph.
  639         2. The division may arrange for the distribution of all
  640  film, video, or digital media productions to the general public,
  641  public television stations, educational institutions, and others
  642  and may establish a reasonable charge to recover the costs
  643  associated with production and to provide a source of revenue to
  644  assist with reproduction, marketing, and distribution of Great
  645  Floridians film, video, and digital media. Proceeds from such
  646  charges shall be deposited into the Historical Resources
  647  Operating Trust Fund.
  648         (e) Deceased persons designated as Great Floridians may be
  649  recognized by markers affixed to properties significantly
  650  associated with the major contributions of the designee. Such
  651  markers shall be erected pursuant to s. 267.074.
  652         (f) The division may exercise the right of trademark over
  653  the terms “Great Floridian” and “Great Floridians” pursuant to
  654  s. 286.031.
  655         Section 15. Section 267.075, Florida Statutes, is amended
  656  to read:
  657         267.075 Management of The Grove Advisory Council; creation;
  658  membership; purposes.—
  659         (1) The Call/Collins House, commonly known as “The Grove,”
  660  located in Tallahassee, Leon County, shall be used utilized as a
  661  house museum of history for the educational benefit of the
  662  citizens of this state. The use utilization of The Grove as a
  663  museum of history shall emphasize the lives and accomplishments
  664  of The Grove’s first owner, Richard Keith Call, Florida’s last
  665  Territorial Governor, and LeRoy Collins, Florida’s 33rd
  666  Governor, who, with his wife, Mary Call Darby Collins, were the
  667  last owners of The Grove. The faithful restoration and
  668  maintenance of The Grove undertaken by LeRoy Collins and Mary
  669  Call Darby Collins during the nearly six decades of Collins
  670  family ownership and stewardship, which has preserved the
  671  original plan of construction and design of The Grove, shall be
  672  continued as provided for in this section.
  673         (2) There is created within the Department of State The
  674  Grove Advisory Council for the purpose of advising the Division
  675  of Historical Resources on the operation, maintenance,
  676  preservation, and protection of the Call/Collins House, commonly
  677  known as “The Grove,” its grounds, cemetery, and all structures
  678  thereon; the furniture and furnishings located therein; any
  679  changes in the architecture, structure, furnishings, or
  680  landscaping deemed necessary or desirable by the council; and
  681  the design and development of interpretive programs and exhibits
  682  in connection therewith.
  683         (3)(a) The Grove Advisory Council shall be composed of
  684  eight members, as follows:
  685         1. Five members shall be private citizens appointed by the
  686  Secretary of State.
  687         2. One member shall be the Secretary of Management Services
  688  or his or her designee.
  689         3. One member shall be the director of the Division of
  690  Historical Resources of the Department of State.
  691         4. At least one member shall be a direct descendant of Mary
  692  Call Darby Collins appointed by the Secretary of State with the
  693  advice of the oldest living generation of lineal descendants of
  694  Mary Call Darby Collins.
  696  Of the citizen members, at least one member shall have
  697  professional curatorial and museum expertise, one member shall
  698  have professional architectural expertise in the preservation of
  699  historic buildings, and one member shall have professional
  700  landscape expertise. The five citizen members of the council
  701  appointed by the Secretary of State and the member of the
  702  council who is a direct descendant of Mary Call Darby Collins
  703  appointed by the Secretary of State shall be appointed for
  704  staggered 4-year terms. The Secretary of State shall fill the
  705  remainder of unexpired terms for the five citizen members of the
  706  council and the member of the council who is a direct descendant
  707  of Mary Call Darby Collins.
  708         (b) The council shall annually elect a chair from among the
  709  five citizen members of the council appointed by the Secretary
  710  of State and the member of the council who is a direct
  711  descendant of Mary Call Darby Collins appointed by the Secretary
  712  of State. The chair shall serve for a term of 1 year. Meetings
  713  of the council shall be held at the call of the chair, at the
  714  request of a majority of its membership, at the request of the
  715  Secretary of State, or at such times as may be prescribed by
  716  rules of the council. The council shall meet at least twice
  717  annually. A majority of the council shall constitute a quorum
  718  for the transaction of business.
  719         (c) The council shall obtain clerical, expert, technical,
  720  or other services from the Division of Historical Resources. The
  721  Department of Management Services shall provide reasonable
  722  assistance to the Department of State in carrying out the
  723  purposes of this section.
  724         (d) Members of the council shall serve without compensation
  725  or honorarium but shall be entitled to receive reimbursement for
  726  per diem and travel expenses as provided in s. 112.061. All
  727  expenses of the council shall be paid from appropriations to be
  728  made by the Legislature to the Department of State. All vouchers
  729  shall be approved by the Division of Historical Resources before
  730  being submitted to the Chief Financial Officer for payment.
  731         (2)(4)(a) The division: of Historical Resources, with the
  732  advice and assistance of the council,
  733         (a) Shall maintain the structure, style, character, and
  734  landscaping of The Grove, its grounds, its private family
  735  cemetery, and all structures thereon consistent with the
  736  character, plan, and design of The Grove at the time the state
  737  takes physical possession of The Grove and its surrounding
  738  property from Mary Call Darby Collins. It
  739         (b) Shall, in accordance with professionally accepted
  740  standards, care for and maintain The Grove’s physical structure,
  741  control the climate within the structure, and preserve and
  742  protect the antique furnishings and other articles of furniture,
  743  fixtures, and decorative objects and articles used or displayed
  744  in the premises, whether owned by or loaned to the division.
  745         (b) The division of Historical Resources Shall catalog and
  746  maintain a descriptive, photographic inventory of the
  747  furnishings, fixtures, and decorative objects and articles used
  748  or displayed in the premises.
  749         (c) The division of Historical Resources May receive, on
  750  behalf of the state, contributions, bequests, and gifts of
  751  money, furniture, works of art, memorabilia, or other property
  752  consistent with the use of The Grove as described in this
  753  section. Title to all property which is received in this manner
  754  shall vest in the state and shall be held in trust by the
  755  division of Historical Resources solely to further the purposes
  756  of this section. No Furniture, furnishings, fixtures, or
  757  decorative objects associated with The Grove and acquired for
  758  use at The Grove from the Collins family or any of its members
  759  may not shall be used for any purpose except as a permanent part
  760  of The Grove’s furniture, furnishings, fixtures, or decorative
  761  objects, and any such item not so utilized shall forthwith
  762  revert to the Collins family member or members from whom it was
  763  acquired. No gifts, contributions, or bequests shall be accepted
  764  for The Grove without the advice and recommendation of the
  765  council.
  766         (d) May operate a museum store and provide other visitor
  767  services and activities related to The Grove, charge fees for
  768  visitation and such other services and activities, establish an
  769  endowment for the benefit of The Grove, and conduct related
  770  fundraising activities The Division of Historical Resources
  771  shall adopt rules governing the maintenance and use of The
  772  Grove; the selection, acquisition, and disposition of
  773  furnishings and decorations for the premises; and the acceptance
  774  of gifts, contributions, bequests, or loans of property.
  775         (e) May support the establishment and operation of a
  776  citizen support organization pursuant to s. 267.17 for the
  777  promotion and support of The Grove. With the consent of the
  778  division, such organization may operate the museum store and
  779  provide the visitor services and activities authorized at The
  780  Grove. The net proceeds from operation of the museum store and
  781  the visitor services and activities may be used only to support
  782  The Grove.
  783         (f) Shall manage The Grove in accordance with rules adopted
  784  by the division for that purpose.
  785         Section 16. Subsection (1) of section 267.16, Florida
  786  Statutes, is amended to read:
  787         267.16 Florida Folklife Programs.—It is the duty and
  788  responsibility of the division to:
  789         (1) Identify, research, interpret, and present Florida folk
  790  arts, artists, performers, folklore, traditions, customs, and
  791  cultural heritage and make folk cultural resources, and folklife
  792  projects, and folklife apprenticeship programs available
  793  throughout the state. The division shall compile, edit, publish,
  794  and print directories, books, articles, pamphlets, and other
  795  folklife materials to disseminate information about folk
  796  cultural resources. The division may sponsor conferences,
  797  workshops, festivals, lectures, and exhibitions on Florida
  798  folklife and promote the folk cultural resources of the state.
  799         Section 17. Paragraph (d) is added to subsection (2) of
  800  section 267.161, Florida Statutes, to read:
  801         267.161 Florida Folklife Council.—
  802         (2) The council shall:
  803         (d) Provide assistance, advice, and recommendations to the
  804  division in evaluating applications for folklife apprenticeship
  805  programs pursuant to s. 267.16.
  806         Section 18. Section 283.31, Florida Statutes, is amended to
  807  read:
  808         283.31 Records of executive agency publications.—Each
  809  agency shall maintain a record of any state publication, as
  810  defined in s. 257.015 257.05, the printing of which costs in
  811  excess of the threshold amount provided in s. 287.017 for
  812  CATEGORY THREE, at least part of which is paid for by state
  813  funds appropriated by the Legislature. Such record must shall
  814  also contain the following: written justification of the need
  815  for such publication, purpose of such publication, legislative
  816  or administrative authority, sources of funding, frequency and
  817  number of issues, and reasons for deciding to have the
  818  publication printed in-house, by another agency or the
  819  Legislature, or purchased on bid. In addition, Such record must
  820  also shall contain the comparative costs of alternative printing
  821  methods if when such costs were a factor in deciding upon a
  822  method. The record of the corporation operating the correctional
  823  industry printing program must shall include the cost of
  824  materials used, the cost of labor, the cost of overhead, the
  825  amount of profit made by the corporation for such printing, and
  826  whether the state agencies that contract with the corporation
  827  for printing are prudently determining the price paid for such
  828  printing.
  829         Section 19. Paragraph (a) of subsection (2) and subsection
  830  (4) of section 286.001, Florida Statutes, are amended to read:
  831         286.001 Reports statutorily required; filing, maintenance,
  832  retrieval, and provision of copies.—
  833         (2) With respect to reports statutorily required of
  834  agencies or officers within the executive, legislative, or
  835  judicial branches of state government, the State Board of
  836  Education, the Board of Governors of the State University
  837  System, or the Public Service Commission, it is the duty of the
  838  division, in addition to its duties under s. 257.05, to:
  839         (a) Regularly compile and update bibliographic information
  840  on such reports for distribution as provided in paragraph (b).
  841  Such Bibliographic information may be included in the
  842  bibliographies prepared by the division pursuant to s.
  843  257.05(4)(e) 257.05(3)(c).
  844         (4) Nothing in This section does not shall be construed to
  845  waive or modify the requirement in s. 257.05(2)(a) pertaining to
  846  the provision of copies of public documents to the division.
  847         Section 20. Subsection (2) of section 872.05, Florida
  848  Statutes, is amended to read:
  849         872.05 Unmarked human burials.—
  850         (2) DEFINITIONS.—As used in this section, the term:
  851         (a) “Archaeologist” means a person who is registered by the
  852  Society of Professional Archaeologists with an emphasis in field
  853  research or who, in the judgment of the State Archaeologist,
  854  meets the training and experience requirements necessary for
  855  such registration.
  856         (b) “District medical examiner” means a person appointed
  857  under s. 406.06, s. 406.15, or s. 406.17.
  858         (c) “Division” means the Division of Historical Resources
  859  of the Department of State.
  860         (d) “Human skeletal analyst” means a person who possesses a
  861  postgraduate degree in human skeletal biology, human forensic
  862  osteology, or other related area of physical anthropology and
  863  who has a minimum of 1 year of laboratory experience in human
  864  skeletal analysis and reconstruction.
  865         (e) “State Archaeologist” means the person employed by the
  866  division pursuant to s. 267.031(7).
  867         (f) “Unmarked human burial” means any human skeletal
  868  remains or associated burial artifacts, or any location,
  869  including any burial mound or earthen or shell monument, where
  870  human skeletal remains or associated burial artifacts are
  871  discovered or believed to exist on the basis of archaeological
  872  or historical evidence. The term does not include those portions
  873  of human remains that are shed naturally by living persons,
  874  including, but not limited to, hair and teeth. The term also
  875  does not include, excluding any burial marked or previously
  876  marked by a tomb, monument, gravestone, or other structure or
  877  thing placed or designed as a memorial of the dead.
  878         Section 21. Sections 267.0731 and 267.0743, Florida
  879  Statutes, are repealed.
  880         Section 22. This act shall take effect July 1, 2010.

Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2021 State of Florida.