April 02, 2020
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_h0877__
HB 877

1
A bill to be entitled
2An act relating to the Florida Agricultural Museum;
3repealing s. 570.901, F.S., relating to the museum;
4amending ss. 570.902 and 570.903, F.S., relating to
5direct-support organizations for the museum and certain
6other programs and definitions applicable to such
7provisions; deleting provisions pertaining to the museum
8to conform to the repeal by the act of provisions
9establishing the museum; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 570.901, Florida Statutes, is repealed.
14     Section 2.  Section 570.902, Florida Statutes, is amended
15to read:
16     570.902  Definitions; ss. 570.902 and 570.903.-For the
17purpose of ss. 570.902 and 570.903:
18     (1)  "Designated program" means the specific departmental
19program which a direct-support organization has been created to
20support.
21     (2)  "Direct-support organization" or "organization" means
22an organization which is a Florida corporation not for profit
23incorporated under the provisions of chapter 617 and approved by
24the department to operate for the benefit of a museum or a
25specific departmental program.
26     (3)  "Museum" means the Florida Agricultural Museum which
27is designated as the museum for agriculture and rural history of
28the State of Florida.
29     Section 3.  Section 570.903, Florida Statutes, is amended
30to read:
31     570.903  Direct-support organization.-
32     (1)  When the Legislature authorizes the establishment of a
33direct-support organization to provide assistance for the
34museums, the Florida Agriculture in the Classroom Program, the
35Florida State Collection of Arthropods, the Friends of the
36Florida State Forests Program of the Division of Forestry, and
37the Forestry Arson Alert Program, and other programs of the
38department, the following provisions shall govern the creation,
39use, powers, and duties of the direct-support organization.
40     (a)  The department shall enter into a memorandum or letter
41of agreement with the direct-support organization, which shall
42specify the approval of the department, the powers and duties of
43the direct-support organization, and rules with which the
44direct-support organization shall comply.
45     (b)  The department may permit, without charge, appropriate
46use of property, facilities, and personnel of the department by
47a direct-support organization, subject to the provisions of ss.
48570.902 and 570.903. The use shall be directly in keeping with
49the approved purposes of the direct-support organization and
50shall not be made at times or places that would unreasonably
51interfere with opportunities for the general public to use
52department facilities for established purposes.
53     (c)  The department shall prescribe by contract or by rule
54conditions with which a direct-support organization shall comply
55in order to use property, facilities, or personnel of the
56department or museum. Such rules shall provide for budget and
57audit review and oversight by the department.
58     (d)  The department may shall not permit the use of
59property, facilities, or personnel of the museum, department, or
60designated program by a direct-support organization which does
61not provide equal employment opportunities to all persons
62regardless of race, color, religion, sex, age, or national
63origin.
64     (2)(a)  The direct-support organization shall be empowered
65to conduct programs and activities; raise funds; request and
66receive grants, gifts, and bequests of money; acquire, receive,
67hold, invest, and administer, in its own name, securities,
68funds, objects of value, or other property, real or personal;
69and make expenditures to or for the direct or indirect benefit
70of the museum or designated program.
71     (b)  Notwithstanding the provisions of s. 287.057, the
72direct-support organization may enter into contracts or
73agreements with or without competitive bidding for the
74restoration of objects, historical buildings, and other
75historical materials or for the purchase of objects, historical
76buildings, and other historical materials which are to be added
77to the collections of the museum, or benefit the designated
78program. However, before the direct-support organization may
79enter into a contract or agreement without competitive bidding,
80the direct-support organization shall file a certification of
81conditions and circumstances with the internal auditor of the
82department justifying each contract or agreement.
83     (c)  Notwithstanding the provisions of s. 287.025(1)(e),
84the direct-support organization may enter into contracts to
85insure property of the museum or designated programs and may
86insure objects or collections on loan from others in satisfying
87security terms of the lender.
88     (3)  The direct-support organization shall provide for an
89annual financial audit in accordance with s. 215.981.
90     (4)  Neither a designated program or a museum, nor a
91nonprofit corporation trustee or employee may:
92     (a)  Receive a commission, fee, or financial benefit in
93connection with the sale or exchange of historical objects or
94properties to the direct-support organization, the museum, or
95the designated program; or
96     (b)  Be a business associate of any individual, firm, or
97organization involved in the sale or exchange of property to the
98direct-support organization, the museum, or the designated
99program.
100     (5)  All moneys received by the direct-support organization
101shall be deposited into an account of the direct-support
102organization and shall be used by the organization in a manner
103consistent with the goals of the museum or designated program.
104     (6)  The identity of a donor or prospective donor who
105desires to remain anonymous and all information identifying such
106donor or prospective donor are confidential and exempt from the
107provisions of s. 119.07(1) and s. 24(a), Art. I of the State
108Constitution.
109     (7)  The Commissioner of Agriculture, or the commissioner's
110designee, may serve on the board of trustees and the executive
111committee of any direct-support organization established to
112benefit the museum or any designated program.
113     (8)  The department shall establish by rule archival
114procedures relating to museum artifacts and records. The rules
115shall provide procedures which protect the museum's artifacts
116and records equivalent to those procedures which have been
117established by the Department of State under chapters 257 and
118267.
119     Section 4.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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