August 03, 2020
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       CS for CS for CS for SB 2330                     First Engrossed
       
       
       
       
       
       
       
       
       20102330e1
       
    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 and the State Historical
   66         Marker Program to conform to the repeal by the act of
   67         provisions establishing the State Historical Marker
   68         Council; amending s. 267.075, F.S.; deleting
   69         provisions establishing The Grove Advisory Council;
   70         authorizing the Division of Historical Resources to
   71         charge visitor fees, establish an endowment, and
   72         conduct fundraising activities; authorizing the
   73         division, or under certain circumstances a citizen
   74         support organization, to operate a museum store and
   75         provide visitor services and activities at The Grove;
   76         providing for use of the net proceeds from the museum
   77         store and the visitor services and activities;
   78         amending s. 267.16, F.S.; requiring the division to
   79         make folklife apprenticeship programs available
   80         throughout the state; amending s. 267.161, F.S.;
   81         assigning certain duties to the Florida Folklife
   82         Council with respect to folklife apprenticeship
   83         programs; amending ss. 283.31 and 286.001, F.S.;
   84         conforming provisions to changes made by the act;
   85         conforming cross-references; amending s. 872.05, F.S.;
   86         excluding certain portions of human remains from the
   87         definition of the term “unmarked human burial” for
   88         purposes of the duties of the State Archaeologist and
   89         district medical examiners; repealing s. 267.0743,
   90         F.S., relating to the State Historical Marker Council;
   91         providing an effective date.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Section 20.10, Florida Statutes, is reenacted.
   96         Section 2. Section 117.01, Florida Statutes, is amended to
   97  read:
   98         117.01 Appointment, application, suspension, revocation,
   99  application fee, bond, and oath.—
  100         (1) The Governor may appoint as many notaries public as he
  101  or she deems necessary, each of whom must shall be at least 18
  102  years of age and a legal resident of the state. A permanent
  103  resident alien may apply and be appointed and shall file with
  104  his or her application a recorded declaration of domicile. The
  105  residence required for appointment must be maintained throughout
  106  the term of appointment.
  107         (2)A first-time applicant for appointment as a notary
  108  public must submit proof that, within 1 year before application,
  109  he or she completed at least 3 hours of interactive or classroom
  110  instruction, including electronic notarization, covering the
  111  duties of the notary public. Courses satisfying this requirement
  112  may be offered by any public or private-sector person or entity
  113  registered with the Department of State and must include a core
  114  curriculum approved by the department.
  115         (3)A notary Notaries public shall be appointed for a term
  116  of 4 years and shall use and exercise the office of notary
  117  public within the boundaries of this state. An applicant must be
  118  able to read, write, and understand the English language.
  119         (4)(2) The application for appointment must shall be signed
  120  and sworn to or affirmed by the applicant, submitted to the
  121  Department of State, and shall be accompanied by a fee of $25,
  122  together with the $10 commission fee required by s. 113.01, and
  123  a surcharge of $4. Of the surcharge, $2.80 shall be deposited
  124  into the Grants and Donations Trust Fund of which $4 is
  125  appropriated to the Executive Office of the Governor to be used
  126  to fund the issuance of notary commissions and the processing of
  127  suspensions, and the remaining $1.20 shall be deposited into the
  128  Operating Trust Fund of the Department of State to be used to
  129  fund the processing of notary applications, education educate
  130  and assistance for assist notaries public, and the investigation
  131  of complaints against notaries public.
  132         (a) The Department of State Executive Office of the
  133  Governor may contract with private vendors to provide the
  134  services set forth in this section. However, a no commission fee
  135  is not shall be required for the issuance of a commission as a
  136  notary public to a veteran, as defined in s. 1.01, who served
  137  during a period of wartime service, as defined in s. 1.01(14),
  138  and who has been rated by the United States Government or the
  139  United States Department of Veterans Affairs or its predecessor
  140  to have a disability rating of 50 percent or more; such a
  141  disability is subject to verification by the Department
  142  Secretary of State, which who has authority to adopt reasonable
  143  procedures to implement this chapter act.
  144         (b)An application must be accompanied by the oath of
  145  office and the notary bond required by this section. An shall
  146  also accompany the application must and shall be submitted in
  147  the format a form prescribed by the Department of State and, at
  148  a minimum, must include which shall require, but not be limited
  149  to, the following information:
  150         1.The applicant’s legal full name.,
  151         2.The applicant’s residence address and telephone number.,
  152         3.The applicant’s business address and telephone number.,
  153         4.The applicant’s date of birth, race, gender, and
  154  citizenship status. sex,
  155         5.The applicant’s social security number., citizenship
  156  status,
  157         6.The applicant’s driver’s license number or the number of
  158  another other official state-issued identification., affidavit
  159  of good character from someone unrelated to the applicant who
  160  has known the applicant for 1 year or more,
  161         7. A list of all professional licenses and commissions
  162  issued by the state to the applicant during the previous 10
  163  years and a statement as to whether or not the applicant has had
  164  such license or commission revoked or suspended., and
  165         8. A statement as to whether the applicant has previously
  166  been commissioned as a notary public in this state.
  167         9.A statement as to whether or not the applicant has been
  168  convicted or found guilty of a felony, and, if convicted or
  169  found guilty there has been a conviction, a statement of the
  170  nature of the felony and restoration of civil rights. The
  171  applicant may not use a fictitious or assumed name other than a
  172  nickname on an application for commission.
  173         (c) The application shall be maintained by the Department
  174  of State for the full term of a notary commission. A notary
  175  public shall notify, in writing, the Department of State of any
  176  change in his or her business address or, home telephone number,
  177  residence address or business telephone number, home address, or
  178  criminal history record within 60 days after such change.
  179         (d) The Department of State or Governor may require any
  180  other information he or she deems necessary for determining
  181  whether an applicant is eligible for a notary public commission.
  182  Each applicant must swear or affirm on the application that the
  183  information on the application is true and correct.
  184         (e)An applicant who submits an application that he or she
  185  knows to contain any false, fictitious, or fraudulent statement
  186  violates s. 817.155.
  187         (f)The Department of State shall conspicuously place on
  188  all notary public application forms the following statement:
  189  “Please note that any applicant who submits an application that
  190  he or she knows to contain any false, fictitious, or fraudulent
  191  statement commits a felony of the third degree pursuant to s.
  192  817.155, Florida Statutes.”
  193         (5)(3) As part of the oath, the applicant must swear or
  194  affirm that he or she has read this chapter and knows the
  195  duties, responsibilities, limitations, and powers of a notary
  196  public.
  197         (6)Any person may file a complaint with the Department of
  198  State alleging a violation of this chapter by a notary public.
  199  Upon receipt of a complaint, the department shall investigate
  200  the complaint and submit a summary of its investigative findings
  201  to the Executive Office of the Governor.
  202         (7)(4) The Governor may suspend a notary public for any of
  203  the grounds provided in s. 7, Art. IV of the State Constitution.
  204  Grounds constituting malfeasance, misfeasance, or neglect of
  205  duty include, but are not limited to, the following:
  206         (a) A material false statement on the application.
  207         (b) A complaint found to have merit by the Governor.
  208         (c) Failure to cooperate with or respond to an
  209  investigation by the Executive Office of the Governor Governor’s
  210  office or the Department of State regarding a complaint.
  211         (d) Official misconduct as defined in s. 838.022.
  212         (e) False or misleading advertising relating to notary
  213  public services.
  214         (f) Unauthorized practice of law.
  215         (g) Failure to report a change in business or residence
  216  home address or telephone number, or failure to submit
  217  documentation to request an amended commission after a lawful
  218  name change, within the specified period of time.
  219         (h) Commission of fraud, misrepresentation, or any
  220  intentional violation of this chapter.
  221         (i) Charging fees in excess of fees authorized by this
  222  chapter.
  223         (j) Failure to maintain the bond required by this section.
  224         (8)(5)(a) If a notary public receives notice from the
  225  Department of State that he or she his or her office has been
  226  suspended from office declared vacant, the notary public shall
  227  forthwith mail or deliver to the Secretary of State his or her
  228  notary commission to the Department of State.
  229         (9)(b) A notary public who wishes to resign his or her
  230  commission, or a notary public who does not maintain legal
  231  residence in this state during the entire term of appointment,
  232  or a notary public whose resignation is required by the
  233  Governor, shall send a signed letter of resignation to the
  234  Governor and shall return his or her certificate of notary
  235  public commission. The resigning notary public shall destroy his
  236  or her official notary public seal of office, unless the
  237  Governor requests its return.
  238         (10)(6)A No person may not be automatically be reappointed
  239  as a notary public. The application process must be completed
  240  regardless of whether an applicant is requesting his or her
  241  initial first notary commission, a renewal of a commission, or
  242  any subsequent commission.
  243         (11)(7)(a) A notary public shall, before prior to executing
  244  the duties of the office and throughout the term of office, give
  245  bond, payable to any individual harmed as a result of a breach
  246  of duty by the notary public acting in his or her official
  247  capacity, in the amount of $7,500, conditioned on for the due
  248  discharge of the office and shall take an oath that he or she
  249  will honestly, diligently, and faithfully discharge the duties
  250  of the notary public.
  251         (a) The bond must shall be approved and filed with the
  252  Department of State and executed by a surety company for hire
  253  duly authorized to transact business in this state.
  254         (b) Any notary public whose term of appointment extends
  255  beyond January 1, 1999, is required to increase the amount of
  256  his or her bond to $7,500 only upon reappointment on or after
  257  January 1, 1999.
  258         (b)(c)Beginning July 1, 1996, Surety companies for hire
  259  which process notary public applications, oaths, or affidavits
  260  of character, and bonds for submission to the Department of
  261  State must properly submit these documents in a software and
  262  hard copy format approved by the department of State.
  263         (c)(8)An Upon payment to any individual harmed as a result
  264  of a breach of duty by the notary public, the entity issuing
  265  bonds for one or more notaries public must submit an annual
  266  report to the Department of State by January 1 of each year
  267  which includes a statement of whether any claims were paid and,
  268  if the claims were paid, a summary of who has issued the bond
  269  for the notary public shall notify the Governor of the payment
  270  and the circumstances that which led to the claim. If an entity
  271  issuing such bonds does not submit its annual report to the
  272  department by January 1, the department shall refuse to accept
  273  bonding certificates from the entity until the entity submits
  274  its annual report.
  275         Section 3. Subsection (4) of section 117.021, Florida
  276  Statutes, is amended to read:
  277         117.021 Electronic notarization.—
  278         (4) Failure of a notary public to comply with any of the
  279  requirements of this section may constitute grounds for
  280  suspension of the notary public’s commission by the Executive
  281  Office of the Governor.
  282         Section 4. Subsections (1), (3), and (9) of section 117.05,
  283  Florida Statutes, are amended to read:
  284         117.05 Use of notary commission; unlawful use; notary fee;
  285  seal; duties; employer liability; name change; advertising;
  286  photocopies; penalties.—
  287         (1) A No person may not shall obtain or use a notary public
  288  commission in other than his or her legal name or, and it is
  289  unlawful for a notary public to notarize his or her own
  290  signature. Any person applying for a notary public commission
  291  must submit proof of identity to the Department of State if so
  292  requested. Any person who violates the provisions of this
  293  subsection commits is guilty of a felony of the third degree,
  294  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  295         (3)(a) A notary public seal shall be affixed to all
  296  notarized paper documents and shall be of the rubber stamp type
  297  and shall include the words “Notary Public-State of Florida.”
  298  The seal must shall also include the name of the notary public,
  299  the date of expiration of the commission of the notary public,
  300  and the commission number. The rubber stamp seal must be affixed
  301  to the notarized paper document in photographically reproducible
  302  black ink. Every notary public shall print, type, or stamp below
  303  his or her signature on a paper document his or her name exactly
  304  as commissioned. An impression-type seal may be used in addition
  305  to the rubber stamp seal, but the rubber stamp seal is shall be
  306  the official seal for use on a paper document, and the
  307  impression-type seal may not be substituted therefor.
  308         (b) Any notary public whose term of appointment extends
  309  beyond January 1, 1992, is required to use a rubber stamp type
  310  notary public seal on paper documents only upon reappointment on
  311  or after January 1, 1992.
  312         (a)(c) The notary public official seal and the certificate
  313  of notary public commission are the exclusive property of the
  314  notary public and must be kept under the direct and exclusive
  315  control of the notary public. The seal and certificate of
  316  commission may must not be surrendered to an employer upon
  317  termination of employment, regardless of whether the employer
  318  paid for the seal or for the commission.
  319         (b)(d) A notary public whose official seal is lost, stolen,
  320  or believed to be in the possession of another person shall
  321  immediately notify the Department of State or the Governor in
  322  writing.
  323         (c)(e) Any person who unlawfully possesses a notary public
  324  official seal or any papers or copies relating to notarial acts
  325  commits is guilty of a misdemeanor of the second degree,
  326  punishable as provided in s. 775.082 or s. 775.083.
  327         (9) Any notary public who lawfully changes his or her name
  328  must shall, within 60 days after such change, request an amended
  329  commission from the Department Secretary of State and shall send
  330  $25, his or her current commission, and a notice of change form,
  331  obtained from the department Secretary of State, which shall
  332  include the new name and contain a specimen of his or her
  333  official signature. The department Secretary of State shall
  334  issue an amended commission to the notary public in the new
  335  name. A rider to the notary public’s bond must accompany the
  336  notice of change form. After submitting the required notice of
  337  change form and rider to the department Secretary of State, the
  338  notary public may continue to perform notarial acts in his or
  339  her former name for 60 days or until receipt of the amended
  340  commission, whichever occurs first date is earlier.
  341         Section 5. Section 117.103, Florida Statutes, is amended to
  342  read:
  343         117.103 Certification of notary’s authority by Secretary of
  344  State.—A notary public is not required to record his or her
  345  notary public commission in an office of a clerk of the circuit
  346  court. If certification of the notary public’s commission is
  347  required, it must be obtained from the Department Secretary of
  348  State. Upon the receipt of a written request and a fee of $10
  349  payable to the Department Secretary of State, the department
  350  Secretary of State shall issue a certificate of notarial
  351  authority, in a form prescribed by the department Secretary of
  352  State, which includes shall include a statement explaining the
  353  legal qualifications and authority of a notary public in this
  354  state.
  355         Section 6. Subsections (2) and (9) of section 117.107,
  356  Florida Statutes, are amended to read:
  357         117.107 Prohibited acts.—
  358         (2) A notary public may not sign notarial certificates
  359  using a facsimile signature stamp unless the notary public has a
  360  physical disability that limits or prohibits his or her ability
  361  to make a written signature and unless the notary public has
  362  first submitted written notice to the Department of State with
  363  an exemplar of the facsimile signature stamp.
  364         (9) A notary public may not notarize a signature on a
  365  document if the person whose signature is being notarized is not
  366  in the presence of the notary public at the time the signature
  367  is notarized. A Any notary public who violates this subsection
  368  commits is guilty of a civil infraction, punishable by penalty
  369  not exceeding $5,000, and such violation constitutes malfeasance
  370  and misfeasance in the conduct of official duties. It is not a
  371  no defense to the civil infraction specified in this subsection
  372  that the notary public acted without intent to defraud. A notary
  373  public who violates this subsection with the intent to defraud
  374  violates is guilty of violating s. 117.105 and is subject to
  375  suspension pursuant to s. 117.01(7).
  376         Section 7. All powers, duties, functions, rules, records,
  377  personnel, and property; unexpended balances of appropriations,
  378  allocations, or other funds; administrative authority; pending
  379  issues; and existing contracts of the Executive Office of the
  380  Governor relating to notaries public or the administration of
  381  chapter 117, Florida Statutes, except for the issuance of notary
  382  commissions and the suspension of notaries public, are
  383  transferred by a type two transfer, as defined in s. 20.06(2),
  384  Florida Statutes, from the Executive Office of the Governor to
  385  the Department of State.
  386         Section 8. Subsection (11) of section 668.50, Florida
  387  Statutes, is amended to read:
  388         668.50 Uniform Electronic Transaction Act.—
  389         (11) NOTARIZATION AND ACKNOWLEDGMENT.—
  390         (a) If a law requires a signature or record to be
  391  notarized, acknowledged, verified, or made under oath, the
  392  requirement is satisfied if the electronic signature of the
  393  person authorized by applicable law to perform those acts,
  394  together with all other information required to be included by
  395  other applicable law, is attached to or logically associated
  396  with the signature or record. Neither a rubber stamp nor an
  397  impression type seal is required for an electronic notarization.
  398         (b) A first-time applicant for a notary commission must
  399  submit proof that the applicant has, within 1 year prior to the
  400  application, completed at least 3 hours of interactive or
  401  classroom instruction, including electronic notarization, and
  402  covering the duties of the notary public. Courses satisfying
  403  this section may be offered by any public or private sector
  404  person or entity registered with the Executive Office of the
  405  Governor and must include a core curriculum approved by that
  406  office.
  407         Section 9. Section 257.015, Florida Statutes, is amended to
  408  read:
  409         257.015 Definitions.—As used in this chapter, the term:
  410         (1) “Department” means the Department of State.
  411         (2) “Depository library” means a library designated as a
  412  depository library for state publications pursuant to s.
  413  257.05(4)(c).
  414         (3)(2) “Division” means the Division of Library and
  415  Information Services of the department of State.
  416         (4)(3) “Secretary” means the Secretary of State.
  417         (5) “State agency” means any official, officer, commission,
  418  board, authority, council, committee, or department of state
  419  government or any state court.
  420         (6)(4) “State Librarian” means the person appointed by the
  421  secretary as the director of the division of Library and
  422  Information Services pursuant to s. 257.031.
  423         (7) “State publication” means a publication in any format
  424  containing information about the state or state government,
  425  which is of significant value to researchers and the public; is
  426  created under the authority of, or at least partially at the
  427  expense of, a state agency; or that must, by law, be distributed
  428  to the public. The term does not include a publication created
  429  exclusively for a state agency’s internal use.
  430         Section 10. Subsections (1) and (4) of section 257.02,
  431  Florida Statutes, are amended to read:
  432         257.02 State Library Information Services Council.—
  433         (1) There shall be A State Library Information Services
  434  Council is established to advise and assist the division with
  435  planning, policy, and priorities for the development of
  436  statewide information services of Library and Information
  437  Services on its programs and activities.
  438         (1) The council shall consist of nine members who shall be
  439  appointed by the Secretary of State. Of the nine members, at
  440  least one member must represent the a Florida library profession
  441  professional association, at least one member must represent the
  442  a Florida archive profession professional association, and at
  443  least one member must represent the a Florida records management
  444  profession professional association, and at least one must be a
  445  person who is not, and has never been, employed in a library or
  446  in teaching library science courses.
  447         (a) Of the nine members, the executive director of the
  448  Florida Center for Library Automation or the center’s successor,
  449  and the executive director of the College Center for Library
  450  Automation or the center’s successor, or their designees, shall
  451  serve ex officio as voting members of the council.
  452         (b) Members shall be appointed for 4-year terms. A vacancy
  453  on the council shall be filled for the period of the unexpired
  454  term. A member whose term expires shall continue to serve as a
  455  member of the council until his or her successor or designee is
  456  appointed. Except for the ex officio members serving pursuant to
  457  paragraph (a), a No person may not be appointed to serve more
  458  than two consecutive terms as a member of the council.
  459         (c) The secretary of State may remove from office any
  460  council member for malfeasance, misfeasance, neglect of duty,
  461  incompetence, permanent inability to perform official duties, or
  462  pleading guilty or nolo contendere to, or being found guilty of,
  463  a felony.
  464         (2)(4) The officers of the State Library council shall be a
  465  chair, elected annually from the members thereof, and the State
  466  Librarian, who shall serve without voting rights as secretary of
  467  the council.
  468         (3) A majority of the council membership constitutes a
  469  quorum. The council may not conduct a meeting unless a quorum is
  470  present. An official action by the council requires the
  471  affirmative vote of a majority of the members present.
  472         Section 11. Section 257.031, Florida Statutes, is amended
  473  to read:
  474         257.031 State Librarian; appointment and duties.—
  475         (1) The State Librarian shall be appointed by the secretary
  476  of State, shall have completed a library school program
  477  accredited by the American Library Association, and shall serve
  478  as the director of the division of Library and Information
  479  Services of the Department of State. The Secretary of State may,
  480  In making the appointment of the State Librarian, the secretary
  481  may consult the members of the State Library Information
  482  Services Council.
  483         (2) The State Librarian shall:
  484         (a) Keep a record of the proceedings of the State Library
  485  Information Services Council;
  486         (b) Keep an accurate account of the financial transactions
  487  of the division;
  488         (c) Have charge of the work of the division in organizing
  489  new libraries and improving those already established;
  490         (d) In general, perform such duties as may, from time to
  491  time, be assigned to him or her by the secretary of State; and
  492         (e) Manage operations of the programs assigned by law to
  493  the division.
  494         Section 12. Section 257.05, Florida Statutes, is amended to
  495  read:
  496         257.05 State publications program Public documents;
  497  delivery to, and distribution by, division.—
  498         (1) The state publications program is established to make
  499  significant information about the state and state government
  500  accessible to researchers and the public through depository
  501  libraries throughout the state.
  502         (2) Each state agency shall:
  503         (a) Upon its release of a state publication, furnish the
  504  division with copies of the publication for distribution to
  505  depository libraries throughout the state as provided by
  506  division rules.
  507         (b) Designate the agency’s communications director or
  508  equivalent position as its agency publications liaison and
  509  notify the division of the liaison’s identity. The publications
  510  liaison shall maintain a list of the agency’s state publications
  511  and periodically, but at least once each year by December 31,
  512  furnish an updated list to the division.
  513         (1) The term “public document” as used in this section
  514  means any document, report, directory, bibliography, rule,
  515  newsletter, pamphlet, brochure, periodical, or other
  516  publication, whether in print or nonprint format, that is paid
  517  for in whole or in part by funds appropriated by the Legislature
  518  and may be subject to distribution to the public; however, the
  519  term excludes publications for internal use by an executive
  520  agency as defined in s. 283.30.
  521         (2)(a) Each state official, state department, state board,
  522  state court, or state agency issuing public documents shall
  523  furnish the Division of Library and Information Services of the
  524  Department of State 35 copies of each of those public documents,
  525  as issued, for deposit in and distribution by the division.
  526  However, if the division so requests, as many as 15 additional
  527  copies of each public document shall be supplied to it.
  528         (b) If any state official, state department, state board,
  529  state court, or state agency has fewer than 40 copies of any
  530  public document, it shall supply the division with 2 copies of
  531  each such public document for deposit in the State Library.
  532         (c) By December 31 of each year, any state official, state
  533  department, state board, state court, or state agency issuing
  534  public documents shall furnish to the division a list of all
  535  public documents, including each publication that is on the
  536  agency’s website, issued by the official, department, board,
  537  court, or agency during that calendar year.
  538         (3)(d) As issued, daily journals and bound journals of each
  539  house of the Legislature; slip laws and bound session laws, both
  540  general and special; and Florida Statutes and supplements
  541  thereto shall be furnished to the division by the state
  542  official, department, or agency having charge of their
  543  distribution. The number of copies furnished shall be determined
  544  by requests of the division, which number in no case may exceed
  545  35 copies of the particular publication.
  546         (4)(3)It is the duty of The division shall to:
  547         (a) Manage the state publications program.
  548         (b) Be the official repository for state publications.
  549         (c)(a) Designate university, college, and public libraries
  550  as depository libraries depositories for state publications
  551  public documents and to designate certain of these depositories
  552  as regional centers for full collections of public documents.
  553         (d)(b)Establish Provide a system for the of distribution
  554  of the copies of state publications furnished to depository
  555  libraries it under subsection (2) to such depositories.
  556         (e)(c)Establish Publish a periodic bibliography for of the
  557  state publications program of the state.
  558         (5) The division may exchange copies of state publications
  559  public documents for copies of publications from those of other
  560  states, territories, and countries. Depositories receiving
  561  public documents under this section shall keep them in a
  562  convenient form accessible to the public.
  563         (6) A depository library shall maintain state publications
  564  in a format that is convenient and accessible to researchers and
  565  the public.
  566         (7) The division may adopt rules to administer the state
  567  publications program and this section.
  568         Section 13. Section 257.105, Florida Statutes, is amended
  569  to read:
  570         257.105 State publications Public documents; copies to
  571  Library of Congress.—Each Any state official or state agency,
  572  board, commission, or institution having charge of any of the
  573  following state publications shall, upon requisition from
  574  hereinafter named is authorized and directed to furnish the
  575  Library of Congress in Washington, D.C., furnish upon
  576  requisition from the Library of Congress with, up to three
  577  copies of:
  578         (1) The journals of both houses of the Legislature;
  579         (2) Volumes of the Supreme Court Reports;
  580         (3) Volumes of periodic reports of Cabinet officers; and
  581         (4)Copies of Reports, studies, maps, or other publications
  582  by official boards or institutions of the state which, from time
  583  to time, as such are published and are available for public
  584  distribution.
  585         Section 14. Paragraph (g) is added to subsection (6) of
  586  section 267.0612, Florida Statutes, to read:
  587         267.0612 Florida Historical Commission; creation;
  588  membership; powers and duties.—In order to enhance public
  589  participation and involvement in the preservation and protection
  590  of the state’s historic and archaeological sites and properties,
  591  there is created within the Department of State the “Florida
  592  Historical Commission.” The commission shall serve in an
  593  advisory capacity to the director of the Division of Historical
  594  Resources to assist the director in carrying out the purposes,
  595  duties, and responsibilities of the division, as specified in
  596  this chapter.
  597         (6) It shall be the responsibility of the commission to
  598  provide assistance, advice, and recommendations to the division
  599  in:
  600         (g) Evaluating proposals for Official Florida Historical
  601  Markers and identifying goals for the State Historical Marker
  602  Program. The evaluation process must seek to establish the
  603  significance of the subject proposed for a marker. However, due
  604  to the complexity or burdens of the process, the proposal and
  605  evaluation process may not preclude private citizens from
  606  directly submitting proposals without professional assistance.
  607         Section 15. Section 267.075, Florida Statutes, is amended
  608  to read:
  609         267.075 Management of The Grove Advisory Council; creation;
  610  membership; purposes.—
  611         (1) The Call/Collins House, commonly known as “The Grove,”
  612  located in Tallahassee, Leon County, shall be used utilized as a
  613  house museum of history for the educational benefit of the
  614  citizens of this state. The use utilization of The Grove as a
  615  museum of history shall emphasize the lives and accomplishments
  616  of The Grove’s first owner, Richard Keith Call, Florida’s last
  617  Territorial Governor, and LeRoy Collins, Florida’s 33rd
  618  Governor, who, with his wife, Mary Call Darby Collins, were the
  619  last owners of The Grove. The faithful restoration and
  620  maintenance of The Grove undertaken by LeRoy Collins and Mary
  621  Call Darby Collins during the nearly six decades of Collins
  622  family ownership and stewardship, which has preserved the
  623  original plan of construction and design of The Grove, shall be
  624  continued as provided for in this section.
  625         (2) There is created within the Department of State The
  626  Grove Advisory Council for the purpose of advising the Division
  627  of Historical Resources on the operation, maintenance,
  628  preservation, and protection of the Call/Collins House, commonly
  629  known as “The Grove,” its grounds, cemetery, and all structures
  630  thereon; the furniture and furnishings located therein; any
  631  changes in the architecture, structure, furnishings, or
  632  landscaping deemed necessary or desirable by the council; and
  633  the design and development of interpretive programs and exhibits
  634  in connection therewith.
  635         (3)(a) The Grove Advisory Council shall be composed of
  636  eight members, as follows:
  637         1. Five members shall be private citizens appointed by the
  638  Secretary of State.
  639         2. One member shall be the Secretary of Management Services
  640  or his or her designee.
  641         3. One member shall be the director of the Division of
  642  Historical Resources of the Department of State.
  643         4. At least one member shall be a direct descendant of Mary
  644  Call Darby Collins appointed by the Secretary of State with the
  645  advice of the oldest living generation of lineal descendants of
  646  Mary Call Darby Collins.
  647  
  648  Of the citizen members, at least one member shall have
  649  professional curatorial and museum expertise, one member shall
  650  have professional architectural expertise in the preservation of
  651  historic buildings, and one member shall have professional
  652  landscape expertise. The five citizen members of the council
  653  appointed by the Secretary of State and the member of the
  654  council who is a direct descendant of Mary Call Darby Collins
  655  appointed by the Secretary of State shall be appointed for
  656  staggered 4-year terms. The Secretary of State shall fill the
  657  remainder of unexpired terms for the five citizen members of the
  658  council and the member of the council who is a direct descendant
  659  of Mary Call Darby Collins.
  660         (b) The council shall annually elect a chair from among the
  661  five citizen members of the council appointed by the Secretary
  662  of State and the member of the council who is a direct
  663  descendant of Mary Call Darby Collins appointed by the Secretary
  664  of State. The chair shall serve for a term of 1 year. Meetings
  665  of the council shall be held at the call of the chair, at the
  666  request of a majority of its membership, at the request of the
  667  Secretary of State, or at such times as may be prescribed by
  668  rules of the council. The council shall meet at least twice
  669  annually. A majority of the council shall constitute a quorum
  670  for the transaction of business.
  671         (c) The council shall obtain clerical, expert, technical,
  672  or other services from the Division of Historical Resources. The
  673  Department of Management Services shall provide reasonable
  674  assistance to the Department of State in carrying out the
  675  purposes of this section.
  676         (d) Members of the council shall serve without compensation
  677  or honorarium but shall be entitled to receive reimbursement for
  678  per diem and travel expenses as provided in s. 112.061. All
  679  expenses of the council shall be paid from appropriations to be
  680  made by the Legislature to the Department of State. All vouchers
  681  shall be approved by the Division of Historical Resources before
  682  being submitted to the Chief Financial Officer for payment.
  683         (2)(4)(a) The division: of Historical Resources, with the
  684  advice and assistance of the council,
  685         (a) Shall maintain the structure, style, character, and
  686  landscaping of The Grove, its grounds, its private family
  687  cemetery, and all structures thereon consistent with the
  688  character, plan, and design of The Grove at the time the state
  689  takes physical possession of The Grove and its surrounding
  690  property from Mary Call Darby Collins. It
  691         (b) Shall, in accordance with professionally accepted
  692  standards, care for and maintain The Grove’s physical structure,
  693  control the climate within the structure, and preserve and
  694  protect the antique furnishings and other articles of furniture,
  695  fixtures, and decorative objects and articles used or displayed
  696  in the premises, whether owned by or loaned to the division.
  697         (b) The division of Historical Resources Shall catalog and
  698  maintain a descriptive, photographic inventory of the
  699  furnishings, fixtures, and decorative objects and articles used
  700  or displayed in the premises.
  701         (c) The division of Historical Resources May receive, on
  702  behalf of the state, contributions, bequests, and gifts of
  703  money, furniture, works of art, memorabilia, or other property
  704  consistent with the use of The Grove as described in this
  705  section. Title to all property which is received in this manner
  706  shall vest in the state and shall be held in trust by the
  707  division of Historical Resources solely to further the purposes
  708  of this section. No Furniture, furnishings, fixtures, or
  709  decorative objects associated with The Grove and acquired for
  710  use at The Grove from the Collins family or any of its members
  711  may not shall be used for any purpose except as a permanent part
  712  of The Grove’s furniture, furnishings, fixtures, or decorative
  713  objects, and any such item not so utilized shall forthwith
  714  revert to the Collins family member or members from whom it was
  715  acquired. No gifts, contributions, or bequests shall be accepted
  716  for The Grove without the advice and recommendation of the
  717  council.
  718         (d) May operate a museum store and provide other visitor
  719  services and activities related to The Grove, charge fees for
  720  visitation and such other services and activities, establish an
  721  endowment for the benefit of The Grove, and conduct related
  722  fundraising activities The Division of Historical Resources
  723  shall adopt rules governing the maintenance and use of The
  724  Grove; the selection, acquisition, and disposition of
  725  furnishings and decorations for the premises; and the acceptance
  726  of gifts, contributions, bequests, or loans of property.
  727         (e) May support the establishment and operation of a
  728  citizen support organization pursuant to s. 267.17 for the
  729  promotion and support of The Grove. With the consent of the
  730  division, such organization may operate the museum store and
  731  provide the visitor services and activities authorized at The
  732  Grove. The net proceeds from operation of the museum store and
  733  the visitor services and activities may be used only to support
  734  The Grove.
  735         (f) Shall manage The Grove in accordance with rules adopted
  736  by the division for that purpose.
  737         Section 16. Subsection (1) of section 267.16, Florida
  738  Statutes, is amended to read:
  739         267.16 Florida Folklife Programs.—It is the duty and
  740  responsibility of the division to:
  741         (1) Identify, research, interpret, and present Florida folk
  742  arts, artists, performers, folklore, traditions, customs, and
  743  cultural heritage and make folk cultural resources, and folklife
  744  projects, and folklife apprenticeship programs available
  745  throughout the state. The division shall compile, edit, publish,
  746  and print directories, books, articles, pamphlets, and other
  747  folklife materials to disseminate information about folk
  748  cultural resources. The division may sponsor conferences,
  749  workshops, festivals, lectures, and exhibitions on Florida
  750  folklife and promote the folk cultural resources of the state.
  751         Section 17. Paragraph (d) is added to subsection (2) of
  752  section 267.161, Florida Statutes, to read:
  753         267.161 Florida Folklife Council.—
  754         (2) The council shall:
  755         (d) Provide assistance, advice, and recommendations to the
  756  division in evaluating applications for folklife apprenticeship
  757  programs pursuant to s. 267.16.
  758         Section 18. Section 283.31, Florida Statutes, is amended to
  759  read:
  760         283.31 Records of executive agency publications.—Each
  761  agency shall maintain a record of any state publication, as
  762  defined in s. 257.015 257.05, the printing of which costs in
  763  excess of the threshold amount provided in s. 287.017 for
  764  CATEGORY THREE, at least part of which is paid for by state
  765  funds appropriated by the Legislature. Such record must shall
  766  also contain the following: written justification of the need
  767  for such publication, purpose of such publication, legislative
  768  or administrative authority, sources of funding, frequency and
  769  number of issues, and reasons for deciding to have the
  770  publication printed in-house, by another agency or the
  771  Legislature, or purchased on bid. In addition, Such record must
  772  also shall contain the comparative costs of alternative printing
  773  methods if when such costs were a factor in deciding upon a
  774  method. The record of the corporation operating the correctional
  775  industry printing program must shall include the cost of
  776  materials used, the cost of labor, the cost of overhead, the
  777  amount of profit made by the corporation for such printing, and
  778  whether the state agencies that contract with the corporation
  779  for printing are prudently determining the price paid for such
  780  printing.
  781         Section 19. Paragraph (a) of subsection (2) and subsection
  782  (4) of section 286.001, Florida Statutes, are amended to read:
  783         286.001 Reports statutorily required; filing, maintenance,
  784  retrieval, and provision of copies.—
  785         (2) With respect to reports statutorily required of
  786  agencies or officers within the executive, legislative, or
  787  judicial branches of state government, the State Board of
  788  Education, the Board of Governors of the State University
  789  System, or the Public Service Commission, it is the duty of the
  790  division, in addition to its duties under s. 257.05, to:
  791         (a) Regularly compile and update bibliographic information
  792  on such reports for distribution as provided in paragraph (b).
  793  Such Bibliographic information may be included in the
  794  bibliographies prepared by the division pursuant to s.
  795  257.05(4)(e) 257.05(3)(c).
  796         (4) Nothing in This section does not shall be construed to
  797  waive or modify the requirement in s. 257.05(2)(a) pertaining to
  798  the provision of copies of public documents to the division.
  799         Section 20. Subsection (2) of section 872.05, Florida
  800  Statutes, is amended to read:
  801         872.05 Unmarked human burials.—
  802         (2) DEFINITIONS.—As used in this section, the term:
  803         (a) “Archaeologist” means a person who is registered by the
  804  Society of Professional Archaeologists with an emphasis in field
  805  research or who, in the judgment of the State Archaeologist,
  806  meets the training and experience requirements necessary for
  807  such registration.
  808         (b) “District medical examiner” means a person appointed
  809  under s. 406.06, s. 406.15, or s. 406.17.
  810         (c) “Division” means the Division of Historical Resources
  811  of the Department of State.
  812         (d) “Human skeletal analyst” means a person who possesses a
  813  postgraduate degree in human skeletal biology, human forensic
  814  osteology, or other related area of physical anthropology and
  815  who has a minimum of 1 year of laboratory experience in human
  816  skeletal analysis and reconstruction.
  817         (e) “State Archaeologist” means the person employed by the
  818  division pursuant to s. 267.031(7).
  819         (f) “Unmarked human burial” means any human skeletal
  820  remains or associated burial artifacts, or any location,
  821  including any burial mound or earthen or shell monument, where
  822  human skeletal remains or associated burial artifacts are
  823  discovered or believed to exist on the basis of archaeological
  824  or historical evidence. The term does not include those portions
  825  of human remains that are shed naturally by living persons,
  826  including, but not limited to, hair and teeth. The term also
  827  does not include, excluding any burial marked or previously
  828  marked by a tomb, monument, gravestone, or other structure or
  829  thing placed or designed as a memorial of the dead.
  830         Section 21. Section 267.0743, Florida Statutes, is
  831  repealed.
  832         Section 22. This act shall take effect July 1, 2010.

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