February 26, 2020
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       Florida Senate - 2010                                    SB 1644
       
       
       
       By Senator Fasano
       
       
       
       
       11-01345A-10                                          20101644__
    1                        A bill to be entitled                      
    2         An act relating to trust funds; terminating specified
    3         trust funds within the Department of State; providing
    4         for the disposition of balances in and revenues of
    5         such trust funds; prescribing procedures for the
    6         termination of such trust funds; amending s. 257.43,
    7         F.S.; redesignating the operating trust fund of the
    8         Division of Library and Information Services as the
    9         Grants and Donations Trust Fund; amending s. 265.284,
   10         F.S.; redesignating the Florida Fine Arts Trust Fund
   11         within the Division of Cultural Affairs as the Grants
   12         and Donations Trust Fund; amending ss. 267.0617,
   13         267.0731, 267.074, 267.081, 267.115, and 267.17, F.S.;
   14         redesignating the Historical Resources Operating Trust
   15         Fund and the operating trust fund within the Division
   16         of Historical Resources as the Grants and Donations
   17         Trust Fund; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. (1)The following trust funds within the
   22  Department of State are terminated:
   23         (a)The Operating Trust Fund, FLAIR number 45-2-510;
   24         (b)The Library Services Trust Fund, FLAIR number 45-2-450;
   25  and
   26         (c)The Fine Arts Trust Fund, FLAIR number 45-2-279.
   27         (2)All current balances remaining in the trust funds on
   28  the date of termination shall be transferred to the Grants and
   29  Donations Trust Fund within the Department of State.
   30         (3)The Department of State shall pay any outstanding debts
   31  and obligations of the terminated funds as soon as practicable,
   32  and the Chief Financial Officer shall close out and remove the
   33  terminated funds from various state accounting systems using
   34  generally accepted accounting principles concerning warrants
   35  outstanding, assets, and liabilities.
   36         Section 2. Paragraph (a) of subsection (2) of section
   37  257.43, Florida Statutes, is amended to read:
   38         257.43 Citizen support organization; use of state
   39  administrative services and property; audit.—
   40         (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
   41         (a) The division may fix and collect charges for the rental
   42  of facilities and properties managed by the division and may
   43  permit, without charge, appropriate use of administrative
   44  services, property, and facilities of the division by a citizen
   45  support organization, subject to the provisions of this section.
   46  Such use must be directly in keeping with the approved purposes
   47  of the citizen support organization and may not be made at times
   48  or places that would unreasonably interfere with opportunities
   49  for the general public to use such facilities for established
   50  purposes. Any moneys received from rentals of facilities and
   51  properties managed by the division may be held in the Grants and
   52  Donations operating Trust Fund of the division or in a separate
   53  depository account in the name of the citizen support
   54  organization and subject to the provisions of the letter of
   55  agreement with the division. The letter of agreement shall
   56  provide that any funds held in the separate depository account
   57  in the name of the citizen support organization shall revert to
   58  the division if the citizen support organization is no longer
   59  approved by the division to operate in the best interests of the
   60  state.
   61         Section 3. Paragraph (e) of subsection (3) and subsection
   62  (4) of section 265.284, Florida Statutes, are amended to read:
   63         265.284 Chief cultural officer; director of division;
   64  powers and duties.—
   65         (3) The division shall directly administer and oversee all
   66  of the programs authorized by this act. In furtherance thereof,
   67  the division shall:
   68         (e) Accept on behalf of the state donations of money,
   69  property, art objects, and antiquities. Such donations of money
   70  and any cash income may be received from the disposal of any
   71  donations of property, art objects, or antiquities, which shall
   72  be deposited into the Grants and Donations Florida Fine Arts
   73  Trust Fund and are hereby appropriated for use by the division
   74  for the purposes authorized in this act.
   75         (4)There is created the Florida Fine Arts Trust Fund to be
   76  administered by the department and which shall consist of moneys
   77  appropriated by the Legislature or contributed from any other
   78  source.
   79         Section 4. Subsections (2) and (3) of section 267.0617,
   80  Florida Statutes, are amended to read:
   81         267.0617 Historic Preservation Grant Program.—
   82         (2) The division is authorized to conduct and carry out a
   83  program of historic preservation grants-in-aid, including
   84  matching grants, to any department or agency of the state; any
   85  unit of county, municipal, or other local government; any
   86  corporation, partnership, or other organization, whether public
   87  or private or whether or not for profit; or any individual for
   88  projects having as their purpose the identification,
   89  acquisition, protection, preservation, rehabilitation,
   90  restoration, or construction of historic sites and properties,
   91  or Florida history, or the planning of such activities. Funds
   92  appropriated from general revenue for the historic preservation
   93  grants-in-aid program shall not be provided for a project owned
   94  by private individuals or owned by for-profit corporations. All
   95  moneys received from any source as appropriations, deposits, or
   96  contributions to this program shall be paid and credited to the
   97  Grants and Donations Historical Resources Operating Trust Fund.
   98         (3) All grants of state funds to assist in the preservation
   99  of historic properties shall be made from the Grants and
  100  Donations Historical Resources Operating Trust Fund and may be
  101  awarded only pursuant to applications for such assistance made
  102  to the Division of Historical Resources. The Florida Historical
  103  Commission shall review each application for a special category
  104  historic preservation grant-in-aid. Special category historic
  105  preservation grants-in-aid are those reviewed and recommended by
  106  the Secretary of State for submission for legislative funding
  107  consideration. Grant review panels appointed by the Secretary of
  108  State and chaired by a member of the Florida Historical
  109  Commission or a designee appointed by the commission’s presiding
  110  officer shall review each application for other historic
  111  preservation grants-in-aid. The reviewing body shall submit
  112  annually to the Secretary of State for approval lists of all
  113  applications that are recommended by the reviewing body for the
  114  award of grants, arranged in order of priority.
  115         Section 5. Paragraph (a) of subsection (2) of section
  116  267.0731, Florida Statutes, is amended to read:
  117         267.0731 Great Floridians Program.—The division shall
  118  establish and administer a program, to be entitled the Great
  119  Floridians Program, which shall be designed to recognize and
  120  record the achievements of Floridians, living and deceased, who
  121  have made major contributions to the progress and welfare of
  122  this state.
  123         (2) Upon designation of a person as a Great Floridian by
  124  the Secretary of State, the division shall undertake appropriate
  125  activities intended to achieve wide public knowledge of the
  126  person designated.
  127         (a) The division may seek to initiate production of a film
  128  or videotape depicting the life and contributions of the
  129  designee to this state and to the nation. If technology
  130  surpasses the use of film or videotape, another medium of equal
  131  quality may be used.
  132         1. The Department of State shall be the repository of the
  133  original negative, the original master tape, and all cuttings,
  134  of any film or videotape produced under the authority of this
  135  paragraph. The division also may exercise the right of trademark
  136  over the terms “Great Floridian” or “Great Floridians” pursuant
  137  to s. 286.031.
  138         2. The division shall arrange for the distribution of
  139  copies of all films to the general public, public television
  140  stations, educational institutions, and others and may establish
  141  a reasonable charge to recover costs associated with production
  142  and to provide a source of revenue to assist with reproduction,
  143  marketing, and distribution of Great Floridians films. Proceeds
  144  from such charges shall be deposited into the Grants and
  145  Donations Historical Resources Operating Trust Fund.
  146         Section 6. Subsection (8) of section 267.074, Florida
  147  Statutes, is amended to read:
  148         267.074 State Historical Marker Program.—The division shall
  149  coordinate and direct the State Historical Marker Program, which
  150  shall be a program of popular history and heritage designed to
  151  inform the general public about persons, events, structures, and
  152  other topics relating to the history and culture of the state;
  153  encourage interest in preserving the historical resources of the
  154  state and its localities; promote a sense of community and place
  155  among Florida citizens; and provide for the enjoyment and
  156  edification of tourists.
  157         (8) Funds for the creation and placement of an Official
  158  Florida Historical Marker shall be provided by the agency,
  159  organization, individual, or other entity proposing the marker.
  160  The division may erect Official Florida Historical Markers at
  161  its own expense and may make competitive grants from the Grants
  162  and Donations Historical Resources Operating Trust Fund,
  163  pursuant to s. 267.0617, to assist in funding the costs of
  164  Official Florida Historical Markers. All Official Florida
  165  Historical Markers shall be considered property of the state.
  166         Section 7. Paragraph (d) of subsection (1) of section
  167  267.081, Florida Statutes, is amended to read:
  168         267.081 Publications.—
  169         (1) It is the duty of the division to:
  170         (d) Hold any moneys received from the sale of publications
  171  by the division in the Grants and Donations operating Trust Fund
  172  of the division or in a separate depository account in the name
  173  of a citizen support organization formed pursuant to s. 267.17
  174  and subject to the provision of a letter of agreement with the
  175  division.
  176         Section 8. Subsection (5) of section 267.115, Florida
  177  Statutes, is amended to read:
  178         267.115 Objects of historical or archaeological value.—The
  179  division shall acquire, maintain, preserve, interpret, exhibit,
  180  and make available for study objects which have intrinsic
  181  historical or archaeological value relating to the history,
  182  government, or culture of the state. Such objects may include
  183  tangible personal property of historical or archaeological
  184  value. Objects acquired under this section belong to the state,
  185  and title to such objects is vested in the division.
  186         (5) All moneys received from the sale of an object which
  187  has historical or archaeological value pursuant to subsection
  188  (3) shall be deposited in the Grants and Donations Historical
  189  Resources Operating Trust Fund and shall be used exclusively for
  190  the acquisition of additional historical and archaeological
  191  objects or the preservation and maintenance of any such objects
  192  in the custody of the division.
  193         Section 9. Paragraph (a) of subsection (2) of section
  194  267.17, Florida Statutes, is amended to read:
  195         267.17 Citizen support organizations; use of state
  196  administrative services and property; audit.—
  197         (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
  198         (a) The division may fix and collect charges for the rental
  199  of facilities and properties managed by the division and may
  200  permit, without charge, appropriate use of administrative
  201  services, property, and facilities of the division by a citizen
  202  support organization, subject to the provisions of this section.
  203  Such use must be directly in keeping with the approved purposes
  204  of the citizen support organization and may not be made at times
  205  or places that would unreasonably interfere with opportunities
  206  for the general public to use such facilities for established
  207  purposes. Any moneys received from rentals of facilities and
  208  properties managed by the division may be held in the Grants and
  209  Donations operating Trust Fund of the division or in a separate
  210  depository account in the name of the citizen support
  211  organization and subject to the provisions of the letter of
  212  agreement with the division.
  213         Section 10. This act shall take effect July 1, 2011.

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