CS for CS for CS for SB 2330 First Engrossed
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.
93 Be It Enacted by the Legislature of the State of Florida:
95 Section 1. Section 20.10, Florida Statutes, is reenacted.
96 Section 2. Section 117.01, Florida Statutes, is amended to
98 117.01 Appointment, application, suspension,
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 t o, 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
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
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
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 in dividual 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
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 Secreta ry 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 Secret ary 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
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
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
407 Section 9. Section 257.015, Florida Statutes, is amended to
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.
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
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
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
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.
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
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
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
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
832 Section 22. This act shall take effect July 1, 2010.