Senate Bill sb2114

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    Florida Senate - 2001                                  SB 2114

    By Senator Clary





    7-1076-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to historic preservation;

  3         repealing pt. I of ch. 266, F.S.; eliminating

  4         general provisions relating to historic

  5         preservation boards of trustees and the

  6         responsibilities of the Department of State

  7         with respect thereto; repealing ss. 266.0011,

  8         266.0012, 266.0013, 266.0014, 266.0015,

  9         266.00155, 266.0016, 266.0017, F.S.;

10         eliminating the Historic Pensacola Board of

11         Trustees; amending s. 267.031, F.S.; providing

12         powers and duties of the Division of Historical

13         Resources; providing for the establishment of

14         historic preservation regional offices;

15         providing purpose; requiring the division to

16         establish a citizen support organization for

17         each regional office; requiring the division to

18         establish and maintain a central inventory of

19         historic properties; requiring the employment

20         of a state archaeologist; providing

21         qualifications and responsibilities for the

22         state archaeologist; requiring the employment

23         of a state historic preservation officer and

24         other personnel; providing for designation and

25         responsibilities of the state historic

26         preservation officer; amending s. 267.061,

27         F.S.; conforming a cross-reference; requiring

28         rules for historic property renovation to be

29         based on certain national guidelines and

30         standards; repealing provisions relating to

31         division responsibilities, state archaeologist,

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         and state historic preservation officer;

  2         amending s. 267.0612, F.S.; deleting provisions

  3         relating to the Historic Preservation Advisory

  4         Council; creating the Florida Historical

  5         Commission; providing powers and duties;

  6         providing composition of the commission;

  7         providing for initial membership and subsequent

  8         appointments; providing terms and organization;

  9         providing responsibilities of the commission;

10         providing that specified members of the

11         commission shall sit as Florida's National

12         Register Review Board; amending s. 267.0617,

13         F.S.; requiring review of special category

14         historic preservation grants-in-aid by the

15         Florida Historical Commission; defining such

16         grants; providing for review of other grants by

17         grant review panels; conforming

18         cross-references; amending s. 267.062, F.S.;

19         correcting a cross-reference; creating s.

20         267.0619, F.S.; revising provisions with

21         respect to grant application review; amending

22         s. 267.072, F.S.; revising provisions relating

23         to the Museum of Florida History Programs;

24         creating s. 267.073, F.S.; revising provisions

25         relating to the Great Floridians program;

26         creating s. 267.074, F.S.; requiring the

27         Division of Historical Resources to coordinate

28         and direct the Historical Marker Program;

29         delineating program responsibilities; providing

30         classification of markers; requiring the

31         division to establish a central register of

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         markers and to establish and maintain the

  2         Florida Register of Heritage Landmarks;

  3         requiring rules; requiring a comprehensive

  4         plan; providing for the establishment of fees;

  5         specifying funding sources for markers;

  6         creating s. 267.0743, F.S.; creating the State

  7         Historical Marker Council; providing for

  8         membership, meetings, organization, and

  9         responsibilities of the council; amending s.

10         267.081, F.S.; authorizing the division to

11         exercise the right of trademark and service

12         mark over specified terms; creating s. 267.115,

13         F.S.; providing division authority and

14         responsibilities pertaining to objects of

15         historical or archaeological value; requiring

16         maintenance of records; providing for loan,

17         sale, exchange, or other disposition of objects

18         under certain circumstances; providing for

19         disposition of funds; providing for rules;

20         providing a penalty; providing for contracts;

21         allowing program for administering finds of

22         artifacts in state-owned river bottoms;

23         amending s. 267.13, F.S.; revising provisions

24         with respect to restitution for the commission

25         of practices prohibited under ch. 267, F.S.;

26         defining value elements for purposes of

27         determining restitution; amending s. 267.14,

28         F.S.; providing public policy declarations;

29         creating s. 267.173, F.S.; requiring the

30         Department of State to contract with the

31         University of West Florida for management of

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         certain state-owned properties; providing

  2         contract goals; requiring use of proceeds

  3         derived from the management of such properties;

  4         authorizing transfer and ownership of certain

  5         artifacts, documents, and properties to the

  6         university; providing for transfer of records,

  7         property, personnel, and funds of the Historic

  8         Pensacola Board of Trustees to the university;

  9         specifying certain powers and duties of the

10         University of West Florida; providing that the

11         university may contract with its direct-support

12         organization to perform all acts necessary to

13         assist the university in carrying out its

14         historic preservation and historic education

15         responsibilities; delineating certain powers;

16         authorizing the Department of State to contract

17         with the University of West Florida to serve as

18         a regional office; providing an exception to

19         the requirement for a separate direct-support

20         organization for regional offices;

21         transferring, renumbering, and amending s.

22         266.0018, F.S.; requiring the authorization of

23         a direct-support organization to assist the

24         University of West Florida in historic

25         preservation and historic preservation

26         education purposes and responsibilities;

27         conforming references; providing membership

28         criteria and selection; delineating contract

29         and other governance requirements; providing

30         for preservation of validity of judicial or

31         administrative actions involving the Historic

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         Pensacola Preservation Board of Trustees;

  2         amending ss. 607.1901, 872.05, F.S.; conforming

  3         cross-references; providing effective dates.

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  Effective July 1, 2001, part I of chapter

  8  266, Florida Statutes, consisting of section 266.00001,

  9  Florida Statutes, is repealed.

10         Section 2.  Effective July 1, 2001, sections 266.0011,

11  266.0012, 266.0013, 266.0014, 266.0015, 266.00155, 266.0016,

12  and 266.0017, Florida Statutes, are repealed.

13         Section 3.  Subsections (5), (6), and (7) are added to

14  section 267.031, Florida Statutes, to read:

15         267.031  Division of Historical Resources.--

16         (5)  It is the responsibility of the division to:

17         (a)  Cooperate with federal and state agencies, local

18  governments, and private organizations and individuals to

19  direct and conduct a comprehensive statewide survey of

20  historic resources and to maintain an inventory of such

21  resources.

22         (b)  Develop a comprehensive statewide historic

23  preservation plan.

24         (c)  Identify and nominate through the State Historic

25  Preservation Officer eligible properties to the National

26  Register of Historic Places and otherwise administer

27  applications for listing historic properties in the National

28  Register.

29         (d)  Cooperate with federal and state agencies, local

30  governments, and organizations and individuals to ensure that

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  historic resources are taken into consideration at all levels

  2  of planning and development.

  3         (e)  Advise and assist, as appropriate, federal and

  4  state agencies and local governments in carrying out their

  5  historic preservation responsibilities and programs.

  6         (f)  Provide public information, education, and

  7  technical assistance relating to historic preservation

  8  programs.

  9         (g)  Cooperate with local governments and organizations

10  and individuals in the development of local historic

11  preservation programs, including the Main Street Program of

12  the National Trust for Historic Preservation, or any similar

13  programs that may be developed by the division.

14         (h)  Carry out on behalf of the state the programs of

15  the National Historic Preservation Act of 1966, as amended,

16  and to establish, maintain, and administer a state historic

17  preservation program meeting the requirements of an approved

18  program and fulfilling the responsibilities of state historic

19  preservation programs as provided in subsection 101(b) of that

20  act.

21         (i)  Take such other actions necessary or appropriate

22  to locate, acquire, protect, preserve, operate, interpret, and

23  promote the location, acquisition, protection, preservation,

24  operation, and interpretation of historic resources to foster

25  an appreciation of Florida history and culture. Prior to the

26  acquisition, preservation, interpretation, or operation of a

27  historic property by a state agency, the division shall be

28  provided a reasonable opportunity to review and comment on the

29  proposed undertaking and shall determine that there exists

30  historical authenticity and a feasible means of providing for

31  the preservation, interpretation, and operation of such

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  property. Expenditures by the division to protect or preserve

  2  historic properties leased by the division from the Board of

  3  Trustees of the Internal Improvement Trust Fund may be exempt

  4  from the competitive bid requirements of chapters 255 and 287.

  5         (j)  Cooperate and coordinate with the Division of

  6  Recreation and Parks of the Department of Environmental

  7  Protection in the operation and management of historic

  8  properties or resources subject to review under s. 267.061(2)

  9  by the Division of Historical Resources.

10         (k)  Establish professional standards for the

11  preservation, exclusive of acquisition, of historic resources

12  in state ownership or control.

13         (l)  Establish guidelines for state agency

14  responsibilities under s. 267.061(2).

15         (m)  Establish regional offices for the purpose of

16  assisting the division in the delivery of historic

17  preservation services to the counties and municipalities of

18  the state and to the citizens of the State of Florida.

19  Historic preservation regional offices shall be established in

20  St. Augustine, Tampa, Palm Beach County, and in other areas of

21  the state which the division deems appropriate. For each

22  regional office established, the division shall establish a

23  citizen support organization in accordance with s. 267.17. The

24  board of directors of each citizen support organization shall

25  be appointed by the Secretary of State.

26         (n)  Establish and maintain a central inventory of

27  historic properties for the state which shall consist of all

28  such properties as may be reported to the division.  This

29  inventory shall be known as the Florida Master Site File.

30         (6)  The division shall employ a State Archaeologist,

31  and such other archaeologists as deemed necessary, who shall

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  possess such qualifications as the division may prescribe. The

  2  State Archaeologist shall serve at the pleasure of the

  3  division director and shall have his or her duties prescribed

  4  by the division director.

  5         (7)  The division shall employ a State Historic

  6  Preservation Officer, qualified by special training or

  7  experience in the field of historic preservation, and such

  8  other specialists in the field of historic preservation as

  9  deemed necessary, who shall possess such qualifications as the

10  division may prescribe.  The State Historic Preservation

11  Officer shall be designated as such by the Governor, upon the

12  recommendation of the Secretary of State, and shall serve at

13  the pleasure of the Secretary of State.  The State Historic

14  Preservation Officer shall conduct relations with

15  representatives of the Federal Government and the respective

16  states concerning matters of historic preservation, and shall

17  perform such other duties as prescribed by the Secretary of

18  State.

19         Section 4.  Paragraph (d) of subsection (2) of section

20  267.061, Florida Statutes, is amended, subsections (3), (4),

21  and (5) are repealed, and present subsection (6) of that

22  section is renumbered as subsection (3) and amended, to read:

23         267.061  Historic properties; state policy,

24  responsibilities.--

25         (2)  RESPONSIBILITIES OF STATE AGENCIES OF THE

26  EXECUTIVE BRANCH.--

27         (d)  Each state agency of the executive branch shall

28  assume responsibility for the preservation of historic

29  resources which are owned or controlled by such agency.  Prior

30  to acquiring, constructing, or leasing buildings for the

31  purpose of carrying out agency responsibilities, the agency

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  shall use, to the maximum extent feasible, historic properties

  2  available to the agency.  Each agency shall undertake,

  3  consistent with the preservation of such properties, the

  4  mission of the agency, and the professional standards

  5  established pursuant to s. 267.031(5)(k) paragraph (3)(k), any

  6  preservation actions necessary to carry out the intent of this

  7  paragraph.

  8         (3)(6)  DEPARTMENT OF MANAGEMENT SERVICES.--The

  9  Department of Management Services, in consultation with the

10  division, shall adopt rules for the renovation of historic

11  properties which are owned or leased by the state. Such rules

12  shall be based on national guidelines for historic renovation,

13  including the standards and guidelines for rehabilitation

14  adopted by the United States Secretary of the Interior.

15         Section 5.  Section 267.0612, Florida Statutes, is

16  amended to read:

17         (Substantial rewording of section. See

18         s. 267.0612, F.S., for present text.)

19         267.0612  Florida Historical Commission; creation;

20  membership; powers and duties.--In order to enhance public

21  participation and involvement in the preservation and

22  protection of the state's historic and archaeological sites

23  and properties, there is created within the Department of

24  State the "Florida Historical Commission."  The commission

25  shall serve in an advisory capacity to the director of the

26  Division of Historical Resources to assist the director in

27  carrying out the purposes, duties, and responsibilities of the

28  division, as specified in this chapter.

29         (1)(a)  The commission shall be composed of eleven

30  members.  Seven members shall be appointed by the Governor in

31  consultation with the Secretary of State, two members shall be

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  appointed by the President of the Senate, and two members

  2  shall be appointed by the Speaker of the House of

  3  Representatives.  Of the seven members appointed by the

  4  Governor, one member must be a licensed architect who has

  5  expertise in historic preservation and architectural history;

  6  one member must be a professional historian in the field of

  7  American history; one member must be a professional

  8  architectural historian; one member must be an archaeologist

  9  specializing in the field of prehistory; and one member must

10  be an archaeologist specializing in the historic period. The

11  remaining two members appointed by the Governor and the two

12  members appointed by the President of the Senate and the

13  Speaker of the House of Representatives, respectively, must be

14  representatives of the general public with demonstrated

15  interest in the preservation of Florida's historical and

16  archaeological heritage.  At least one member of the

17  commission shall be a resident of a county that has a

18  population of 75,000 or less.

19         (b)  Notwithstanding the provisions of paragraph (a),

20  the initial members of the commission shall be the members of

21  the Historic Preservation Advisory Council and the National

22  Register of Historic Places Review Board, serving on January

23  1, 2002, who may serve the remainder of their respective

24  terms.  New appointments to the commission shall not be made

25  until the retirement, resignation, removal, or expiration of

26  the terms of the initial members results in fewer than eleven

27  members remaining.  As vacancies occur, the first appointments

28  shall be the five professionally-designated members appointed

29  by the Governor.  The President of the Senate, the Speaker of

30  the House of Representatives, and the Governor, respectively,

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  shall then alternate appointments until the commission is

  2  composed as required herein.

  3         (2)  Commission members appointed by the President of

  4  the Senate and the Speaker of the House of Representatives

  5  shall be appointed for 2-year terms.  Commission members

  6  appointed by the Governor shall be appointed to 4-year terms.

  7  Vacancies shall be filled for the remainder of the term and by

  8  the original appointing authority.

  9         (3)  The Governor shall designate a member of the

10  commission as the commission's presiding officer to serve in

11  that capacity at the pleasure of the Governor. Each year the

12  commission shall select an assistant presiding officer from

13  its membership.

14         (4)  The commission shall meet upon the call of the

15  presiding officer or Secretary of State, which shall occur at

16  least quarterly.  Members shall serve without pay, but shall

17  be entitled to reimbursement for their expenses in carrying

18  out their official duties, as provided in s. 112.061.

19         (5)  All action taken by the commission shall be by

20  majority vote of those members present.  The director of the

21  division or the director's designee shall serve without voting

22  rights as secretary to the commission.  The division shall

23  provide necessary staff assistance to the commission.

24         (6)  It shall be the responsibility of the commission

25  to provide assistance, advice, and recommendations to the

26  division in:

27         (a)  Establishing priorities for the identification,

28  acquisition, protection, and preservation of historic and

29  archaeological sites and properties.

30

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (b)  Establishing criteria for use in assessing the

  2  significance of historic and archaeological sites and

  3  properties.

  4         (c)  Evaluating proposals for awards of special

  5  category historic preservation grants-in-aid administered by

  6  the division.  Pursuant thereto, the commission shall review

  7  and evaluate proposals for special category grants and shall

  8  make recommendations, including a priority ranking, reflecting

  9  such evaluation.  In making such evaluation and

10  recommendations, the commission shall, at a minimum, consider

11  the purpose, economic and other public benefit, location,

12  compatibility with statewide historic preservation priorities,

13  and cost of each proposal for special category grant

14  assistance.

15         (d)  Providing an active outreach program to encourage

16  public understanding of and involvement in the preservation of

17  the state's historic and archaeological sites and properties.

18         (e)  Identifying and expressing public goals for

19  historic preservation and gathering public ideas necessary for

20  the formulation of alternative policies.

21         (f)  Recommending rules relating to the historic

22  preservation programs administered by the division pursuant to

23  this chapter.

24         (7)  It shall be the additional responsibility of the

25  commission to provide such other assistance and advice to the

26  division as required by this chapter and as may be required

27  from time to time in matters pertaining to the protection and

28  preservation of the state's historic and archaeological sites

29  and properties.

30         (8)  The five members appointed by the Governor from

31  the professions designated in paragraph (1)(a) shall sit as

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  Florida's National Register Review Board and shall perform the

  2  duties of that board established by the National Historic

  3  Preservation Act of 1966, as amended.  If a vacancy exists in

  4  one of the five designated seats, the division director shall

  5  assign another member of the Florida Historical Commission to

  6  serve until the vacancy is filled.

  7         Section 6.  Subsections (3) and (5) of section

  8  267.0617, Florida Statutes, are amended to read:

  9         267.0617  Historic Preservation Grant Program.--

10         (3)  All grants of state funds to assist the

11  preservation of historic properties shall be made from the

12  Historical Resources Operating Trust Fund and may be awarded

13  only pursuant to applications for such assistance made to the

14  Division of Historical Resources.  The Florida Historical

15  Commission Historic Preservation Advisory Council shall review

16  each application for a special category historic preservation

17  grant-in-aid.  Special category historic preservation

18  grants-in-aid are those reviewed and recommended by the

19  Secretary of State for submission for legislative funding

20  consideration.  Grant review panels appointed by the Secretary

21  of State and chaired by a member of the Florida Historical

22  Commission shall review each application for other historic

23  preservation grants-in-aid.  The reviewing body and shall

24  submit annually to the Secretary of State for approval lists

25  of all applications that are recommended by the reviewing body

26  council for the award of grants, arranged in order of

27  priority.  The division may allocate grants only for projects

28  that are approved or for which funds are appropriated by the

29  Legislature.

30         (5)  The Division of Historical Resources shall adopt

31  rules prescribing the criteria to be applied by the Florida

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  Historical Commission and the grant review panels Historic

  2  Preservation Advisory Council in recommending applications for

  3  the award of grants and rules providing for the administration

  4  of the other provisions of this section.

  5         Section 7.  Subsection (2) of section 267.062, Florida

  6  Statutes, is amended to read:

  7         267.062  Naming of state buildings and other

  8  facilities.--

  9         (2)  The division shall, after consulting with the

10  Florida Historical Commission appropriate citizens'

11  committees, recommend several persons whose contributions to

12  the state have been of such significance that the division may

13  recommend that state buildings and facilities be named for

14  them.

15         Section 8.  Section 267.0619, Florida Statutes, is

16  created to read:

17         267.0619  Historical Museum Grants.--The division may

18  conduct a program to provide:

19         (1)(a)  Grants from the Historical Resources Operating

20  Trust Fund, including matching grants, to a department or

21  agency of the state; a unit of county, municipal, or other

22  local government; or a public or private profit or nonprofit

23  corporation, partnership, or other organization to assist in

24  the development of public educational exhibits relating to the

25  historical resources of Florida; and

26         (b)  Grants from the Historical Resources Operating

27  Trust Fund to Florida history museums that are not

28  state-operated to assist such museums in paying for operating

29  costs.

30

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (2)  In order to be eligible to receive a grant from

  2  the trust fund to assist in paying operating costs, a Florida

  3  history museum must fulfill the following criteria:

  4         (a)  The mission of the museum must relate directly and

  5  primarily to the history of Florida.  If the museum has more

  6  than one mission, the museum is eligible to receive a grant

  7  for that portion of the operating costs which is reasonably

  8  attributable to its mission relating to the history of

  9  Florida;

10         (b)  The museum must have been operating and open to

11  the public for at least 180 days each year during the 2-year

12  period immediately preceding the date upon which the museum

13  applies for the grant;

14         (c)  The museum must be open and providing museum

15  services to the public for at least 180 days each year; and

16         (d)  The museum must currently employ, and must have

17  employed during the 2-year period immediately preceding the

18  date upon which the museum applies for the grant, at least one

19  full-time staff member or the equivalent thereof whose primary

20  responsibility is to acquire, maintain, and exhibit to the

21  public objects that are owned by, or are on loan to, the

22  museum.

23         (3)  An application for a grant must be made to the

24  division on a form provided by the division.  The division

25  shall adopt rules prescribing categories of grants,

26  application requirements, criteria and procedures for the

27  review and evaluation of applications, and other procedures

28  necessary for the administration of the program, subject to

29  the requirements of this section. Grant review panels

30  appointed by the Secretary of State and chaired by a member of

31  the Florida Historical Commission shall review each

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  application for a museum grant-in-aid.  The review panel shall

  2  submit to the Secretary of State for approval lists of all

  3  applications that are recommended by the panel for the award

  4  of grants, arranged in order of priority. The division may

  5  award a grant to a Florida history museum only if the award

  6  has been approved by the Secretary of State.

  7         (4)  Money received as an appropriation or contribution

  8  to the grants program must be deposited into the Historical

  9  Resources Operating Trust Fund. Money appropriated from

10  general revenue to the trust fund for the program may not be

11  granted to a private for-profit museum.  Money appropriated

12  from any source to the trust fund for the program may not be

13  granted to pay the cost of locating, identifying, evaluating,

14  acquiring, preserving, protecting, restoring, rehabilitating,

15  stabilizing, or excavating an archaeological or historic site

16  or a historic building or the planning of any of those

17  activities.

18         (5)  The division may grant moneys quarterly from the

19  Historical Resources Operating Trust Fund to history museums

20  in advance of an exhibit or program for which the moneys are

21  granted.

22         Section 9.  Section 267.072, Florida Statutes, is

23  amended to read:

24         267.072  Museum of Florida History programs.--

25         (1)  The division shall:

26         (a)  establish and administer a museum store in the

27  Museum of Florida History to provide information and materials

28  relating to museum exhibits, collections, and programs to the

29  public.  The store may produce, acquire, and sell craft

30  products, replicas and reproductions of artifacts, documents,

31  and other merchandise relating to historical and cultural

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  resources and may make a reasonable charge for such

  2  merchandise.  All proceeds received from sales must be

  3  deposited into the Historical Resources Operating Trust Fund

  4  or, funds in excess of the amount required to pay employees

  5  involved in the direct management of the museum store, may be

  6  deposited into a bank account of the a citizen support

  7  organization created pursuant to s. 267.17 and may only be

  8  used to support the programs of the Museum of Florida History.

  9  The museum store may enter into agreements and accept

10  credit-card payments as compensation for goods and products

11  sold.  The division may establish accounts in credit-card

12  banks for the deposit of credit-card sales invoices and to pay

13  discounts and service charges in connection with the use of

14  credit cards.

15         (2)(b)  The division shall support the establishment

16  and operation of a nonprofit organization or association

17  established pursuant to s. 267.17 to promote and encourage

18  knowledge and appreciation of Florida history and the programs

19  of the Museum of Florida History and to cooperate with

20  historical societies and other organizations to provide

21  funding and promotional support for the programs of the

22  museum.  Such organization or association may, with the

23  consent of the division, operate the museum store or conduct

24  special events and programs in the museum.  All proceeds must

25  be used to support the programs of the Museum of Florida

26  History.

27         (3)(c)  The division shall deposit gifts and donations

28  for the purpose of assisting the Museum of Florida History and

29  its programs in the Historical Resources Operating Trust Fund

30  to be used exclusively for the benefit of programs of the

31

                                  17

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  museum and in a manner consistent with any terms or conditions

  2  agreed to by the division in accepting such gifts.

  3         (d)  Establish and administer a program, to be entitled

  4  the Great Floridians program, which shall be designed to

  5  recognize and record the achievements of Floridians, living

  6  and deceased, who have made major contributions to the

  7  progress and welfare of this state.

  8         1.  The division shall nominate present or former

  9  citizens of this state, living or deceased, who during their

10  lives have made major contributions to the progress of the

11  nation or this state and its citizens. Nominations shall be

12  submitted to the Secretary of State who shall select from

13  those nominated not less than two persons each year who shall

14  be honored with the designation "Great Floridian," provided no

15  person whose contributions have been through elected or

16  appointed public service shall be selected while holding any

17  such office.

18         2.  To enhance public participation and involvement in

19  the identification of any person worthy of being nominated as

20  a Great Floridian, the division shall seek advice and

21  assistance from persons qualified through the demonstration of

22  special interest, experience, or education in the

23  dissemination of knowledge about the state's history.

24         a.  In formulating its nominations, the division shall

25  also seek the assistance of the Museum of Florida History

26  Foundation, Inc., or its successor, acting in the capacity as

27  a citizen support organization of the division, pursuant to s.

28  267.17 and approved to act on behalf of the Museum of Florida

29  History.

30         b.  Annually, the division shall convene an ad hoc

31  committee composed of representatives of the Governor, each

                                  18

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  member of the Florida Cabinet, the President of the Senate,

  2  the Speaker of the House of Representatives, and the Museum of

  3  Florida History Foundation, Inc. This committee shall meet at

  4  least twice.  The committee shall nominate not fewer than two

  5  persons whose names shall be submitted to the Secretary of

  6  State with the recommendation that they be honored with the

  7  designation "Great Floridian."

  8         3.  Upon designation of a person as a Great Floridian

  9  by the Secretary of State, the division shall undertake

10  appropriate activities intended to achieve wide public

11  knowledge of the person designated.

12         a.  The division may seek to initiate production of a

13  film or videotape depicting the life and contributions of the

14  designee to this state and to the nation.  If technology

15  surpasses the use of film or videotape, another medium of

16  equal quality may be used.

17         (I)  In the production of such films, the division

18  shall seek cooperation from local volunteers throughout the

19  state and, in particular, shall seek fundraising and other

20  assistance of the citizen support organization created

21  pursuant to s. 267.17 to support the programs of the Museum of

22  Florida History.

23         (II)  The Museum of Florida History shall be the

24  repository of the original negative, the original master tape,

25  and all cuttings, of any film or videotape produced under the

26  authority of this paragraph.  The division also may exercise

27  the right of trademark over the terms "Great Floridian" or

28  "Great Floridians" pursuant to s. 286.031.

29         (III)  The division shall arrange for the distribution

30  of copies of all films to the general public, public

31  television stations, educational institutions, and others and

                                  19

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  may establish a reasonable charge to recover costs associated

  2  with production and to provide a source of revenue to assist

  3  with reproduction, marketing, and distribution of Great

  4  Floridians films. Proceeds from such charges shall be

  5  deposited into the Historical Resources Operating Trust Fund.

  6         b.  Deceased persons designated as Great Floridians

  7  typically shall be recognized by markers affixed to properties

  8  significantly associated with the major contributions of the

  9  designee.  Such markers shall be erected pursuant to the

10  provisions of s. 267.061(3)(n).

11         (2)(a)  The division may conduct a program to provide:

12         1.  Grants from the Historical Resources Operating

13  Trust Fund, including matching grants, to a department or

14  agency of the state; a unit of county, municipal, or other

15  local government; or a public or private profit or nonprofit

16  corporation, partnership, or other organization to assist in

17  the development of public educational exhibits relating to the

18  historical resources of Florida; and

19         2.  Grants from the Historical Resources Operating

20  Trust Fund to Florida history museums that are not

21  state-operated to assist such museums in paying for operating

22  costs.

23         (b)  In order to be eligible to receive a grant from

24  the trust fund to assist in paying operating costs, a Florida

25  history museum must fulfill the following criteria:

26         1.  The mission of the museum must relate directly and

27  primarily to the history of Florida.  If the museum has more

28  than one mission, the museum is eligible to receive a grant

29  for that portion of the operating costs which is reasonably

30  attributable to its mission relating to the history of

31  Florida;

                                  20

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         2.  The museum must have been operating and open to the

  2  public for at least 180 days each year during the 2-year

  3  period immediately preceding the date upon which the museum

  4  applies for the grant;

  5         3.  The museum must be open and providing museum

  6  services to the public for at least 180 days each year; and

  7         4.  The museum must currently employ, and must have

  8  employed during the 2-year period immediately preceding the

  9  date upon which the museum applies for the grant, at least one

10  full-time staff member or the equivalent thereof whose primary

11  responsibility is to acquire, maintain, and exhibit to the

12  public objects that are owned by, or are on loan to, the

13  museum.

14         (c)  An application for a grant must be made to the

15  division on a form provided by the division.  The division

16  shall adopt rules prescribing categories of grants,

17  application requirements, criteria and procedures for the

18  review and evaluation of applications, and other procedures

19  necessary for the administration of the program, subject to

20  the requirements of this section.  The division shall provide

21  opportunities for persons from different areas of the state

22  who, due to education, experience, or special interest, are

23  knowledgeable about the development and operation of

24  historical museums or historical exhibits for public education

25  to evaluate the applications and shall consider their

26  evaluations and recommendations in selecting the applicants

27  that it will recommend to the Secretary of State to receive

28  grants. The division shall submit a list of such applicants,

29  arranged in order of priority, to the Secretary of State.  The

30  division may award a grant to a Florida history museum only if

31  the award has been approved by the Secretary of State.

                                  21

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1          (d)  Money received as an appropriation or

  2  contribution to the grants program must be deposited into the

  3  Historical Resources Operating Trust Fund. Money appropriated

  4  from general revenue to the trust fund for the program may not

  5  be granted to a private for-profit museum.  Money appropriated

  6  from any source to the trust fund for the program may not be

  7  granted to pay the cost of locating, identifying, evaluating,

  8  acquiring, preserving, protecting, restoring, rehabilitating,

  9  stabilizing, or excavating an archaeological or historic site

10  or a historic building or the planning of any of those

11  activities.

12         (e)  The division may grant moneys quarterly from the

13  Historical Resources Operating Trust Fund to history museums

14  in advance of an exhibit or program for which the moneys are

15  granted.

16         Section 10.  Section 267.073, Florida Statutes, is

17  created to read:

18         267.073  Great Floridians Program.--The division shall

19  establish and administer a program, to be entitled the Great

20  Floridians Program, which shall be designed to recognize and

21  record the achievements of Floridians, living and deceased,

22  who have made major contributions to the progress and welfare

23  of this state.

24         (1)  The division shall nominate present or former

25  citizens of this state, living or deceased, who during their

26  lives have made major contributions to the progress of the

27  nation or this state and its citizens. Nominations shall be

28  submitted to the Secretary of State who shall select from

29  those nominated not less than two persons each year who shall

30  be honored with the designation "Great Floridian," provided no

31  person whose contributions have been through elected or

                                  22

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  appointed public service shall be selected while holding any

  2  such office.

  3         (a)  To enhance public participation and involvement in

  4  the identification of any person worthy of being nominated as

  5  a Great Floridian, the division shall seek advice and

  6  assistance from persons qualified through the demonstration of

  7  special interest, experience, or education in the

  8  dissemination of knowledge about the state's history.

  9         (b)  In formulating its nominations, the division shall

10  also seek the assistance of the Museum of Florida History

11  Foundation, Inc., or its successor, acting in the capacity as

12  a citizen support organization of the division, pursuant to s.

13  267.17 and approved to act on behalf of the Museum of Florida

14  History.

15         (c)  Annually, the division shall convene an ad hoc

16  committee composed of representatives of the Governor, each

17  member of the Florida Cabinet, the President of the Senate,

18  the Speaker of the House of Representatives, and the Museum of

19  Florida History Foundation, Inc. This committee shall meet at

20  least twice.  The committee shall nominate not fewer than two

21  persons whose names shall be submitted to the Secretary of

22  State with the recommendation that they be honored with the

23  designation "Great Floridian."

24         (2)  Upon designation of a person as a Great Floridian

25  by the Secretary of State, the division shall undertake

26  appropriate activities intended to achieve wide public

27  knowledge of the person designated.

28         (a)  The division may seek to initiate production of a

29  film or videotape depicting the life and contributions of the

30  designee to this state and to the nation.  If technology

31

                                  23

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  surpasses the use of film or videotape, another medium of

  2  equal quality may be used.

  3         1.  In the production of such films, the division shall

  4  seek cooperation from local volunteers throughout the state

  5  and, in particular, shall seek fundraising and other

  6  assistance of the citizen support organization created

  7  pursuant to s. 267.17 to support the programs of the Museum of

  8  Florida History.

  9         2.  The Museum of Florida History shall be the

10  repository of the original negative, the original master tape,

11  and all cuttings, of any film or videotape produced under the

12  authority of this paragraph.  The division also may exercise

13  the right of trademark over the terms "Great Floridian" or

14  "Great Floridians" pursuant to s. 286.031.

15         3.  The division shall arrange for the distribution of

16  copies of all films to the general public, public television

17  stations, educational institutions, and others and may

18  establish a reasonable charge to recover costs associated with

19  production and to provide a source of revenue to assist with

20  reproduction, marketing, and distribution of Great Floridians

21  films. Proceeds from such charges shall be deposited into the

22  Historical Resources Operating Trust Fund.

23         (b)  Deceased persons designated as Great Floridians

24  typically shall be recognized by markers affixed to properties

25  significantly associated with the major contributions of the

26  designee.  Such markers shall be erected pursuant to the

27  provisions of s. 267.074.

28         Section 11.  Section 267.074, Florida Statutes, is

29  created to read:

30         267.074  State Historical Marker Program.--The division

31  shall coordinate and direct the State Historical Marker

                                  24

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  Program, which shall be a program of popular history and

  2  heritage designed to inform the general public about persons,

  3  events, structures, and other topics relating to the history

  4  and culture of the state; encourage interest in preserving the

  5  historical resources of the state and its localities; promote

  6  a sense of community and place among Florida citizens; and

  7  provide for the enjoyment and edification of tourists.

  8         (1)  The division shall encourage the initiation of

  9  proposals for Official Florida Historical Markers from

10  departments or agencies of the state; units of county,

11  municipal, or other local governments; corporations,

12  partnerships, or other organizations, whether public or

13  private and whether or not for profit; or any individual.

14  Markers may be installed to recognize historic properties, as

15  well as individuals, events, and other topics significant in

16  Florida or American history, architecture, archaeology, or

17  culture.

18         (2)  By means of appropriate variations in marker

19  design, the division shall distinguish the following

20  categories of Official Florida Historical Markers:

21         (a)  Florida Heritage Landmark markers, which shall be

22  used to identify and interpret Heritage Landmark properties.

23         (b)  State Historic Highway markers, which shall be

24  used to identify state historic highways, as provided in

25  general law.

26         (c)  Florida Heritage markers, which shall be used to

27  identify and interpret people, events, and places, including

28  buildings and archaeological sites, which do not meet the

29  criteria for a Florida Heritage Landmark, and other subjects

30  relating to Florida history and culture.

31

                                  25

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (d)  Other special series of markers which the division

  2  may establish to facilitate guiding the general public to

  3  places of historic interest and to facilitate identification

  4  and interpretation of topics of statewide interest, including,

  5  but not limited to, historic and scenic trails, byways, and

  6  greenways and anniversaries or other occasions of special

  7  significance to the history and culture of Florida.

  8

  9  The division may exercise the right of trademark over the

10  terms "Florida Heritage" or "Heritage Florida" pursuant to s.

11  286.031.

12         (3)  The division shall establish and maintain a

13  central register of all markers installed in each category set

14  out in subsection (2).  In addition, the division shall

15  establish and maintain the Florida Register of Heritage

16  Landmarks, a central register of historic properties, which

17  generally shall consist of properties more than 50 years of

18  age deemed worthy of preservation for their exceptional

19  historical significance to the state as a whole or a region of

20  the state and their architectural or archaeological integrity.

21         (a)  The division shall adopt rules pursuant to ss.

22  120.536(1) and 120.54 that prescribe criteria and a process

23  for the identification, evaluation, and designation of

24  Heritage Landmark properties, as well as for withdrawal of

25  designation.

26         (b)  The division may waive the age requirement of 50

27  years for properties of overwhelming state or national

28  importance; however, it is the intent of the Legislature that

29  exceptions shall rarely be given.

30

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (c)  The division shall undertake a program to identify

  2  and nominate properties eligible for designation as Heritage

  3  Landmarks.

  4         (d)  Designation of private property as a Heritage

  5  Landmark does not prohibit under Florida law or regulation any

  6  actions which may otherwise be taken by the property owner

  7  with respect to the property.

  8         (4)  The division shall develop a comprehensive plan

  9  for the State Historical Marker Program which shall be kept up

10  to date and shall incorporate goals and objectives of the

11  program, as well as policies, plans, and procedures relating

12  to:

13         (a)  Categories of Official Florida Historical Markers,

14  criteria for their use, and specifications for design.

15         (b)  Selection of subjects to be marked.

16         (c)  Published guides to Official Florida Historical

17  Markers, including methods for public distribution.

18         (d)  Maintenance of markers.

19         (e)  Removal or replacement of markers.

20         (f)  Placement of markers at historic sites which shall

21  be, in general, conspicuous and accessible to and easily

22  reached by the public and where something associated with the

23  person, historic property, event, or other subject being

24  marked is still visible.

25         (g)  Physical placement of the markers which shall be,

26  in general, conspicuous and easily reached by the public.

27         (5)(a)  The division is authorized and empowered to

28  erect and maintain appropriate signs or markers indicating

29  sites of historic interest and value upon public property as

30  well as upon private property where permission is obtained.

31

                                  27

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (b)  The Department of Transportation or the governing

  2  body of each county or municipality is authorized to permit

  3  and assist the division in erecting and maintaining said

  4  historic signs or markers within the right-of-way of any state

  5  highway, county road, or municipal street, or any other

  6  property under its jurisdiction and control, under such

  7  conditions and limitations as may be appropriate.  The

  8  division is hereby vested with the exclusive authority and

  9  power to erect and maintain said historic signs or markers

10  within the right-of-way of any state highway.

11         (6)  The division shall designate an approved marker as

12  an Official Florida Historical Marker.  To ensure a degree of

13  uniformity and quality of historical markers, monuments,

14  plaques, medallions, and similar devices in this state, and to

15  avoid any confusion with or misrepresentation of an Official

16  Florida Historical Marker, no such marker or reasonable

17  facsimile thereof may be fabricated with any emblem, design,

18  or logo signifying another organization.  No other emblem,

19  design, or marker size may be used in addition to or instead

20  of those offered by the division for an Official Florida

21  Historical Marker.  Emblems, designs, or logos offered by the

22  division are property of the state and may not be used for

23  commercial advertising or copied for the use of any other

24  agency, association, corporation, or individual without the

25  express consent and authorization of the division.

26         (7)  The division may establish a reasonable fee to

27  recover its costs arising from review of a proposal for a

28  historical marker, monument, plaque, medallion, or similar

29  device.  Any fee established shall be payable by the applicant

30  for the marker, monument, plaque, medallion, or similar

31  device.

                                  28

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (8)  Funds for the creation and placement of an

  2  Official Florida Historical Marker shall be provided by the

  3  agency, organization, individual, or other entity proposing

  4  the marker.  The division may erect Official Florida

  5  Historical Markers at its own expense and may make competitive

  6  grants from the Historical Resources Operating Trust Fund,

  7  pursuant to s. 267.0617, to assist in funding the costs of

  8  Official Florida Historical Markers.  All Official Florida

  9  Historical Markers shall be considered property of the state.

10         (9)  The division shall seek cooperation from local

11  volunteers throughout the state and, where appropriate, shall

12  encourage the establishment of citizen support organizations,

13  pursuant to s. 267.17, to assist in maintaining Official

14  Florida Historical Markers and facilitating public access to

15  places marked.

16         Section 12.  Section 267.0743, Florida Statutes, is

17  created to read:

18         267.0743  State Historical Marker Council.--In order to

19  enhance public participation and involvement in the

20  identification and interpretation of subjects relating to the

21  history and culture of Florida, there is created the "State

22  Historical Marker Council."

23         (1)  The council shall consist of three members who

24  represent different areas of the state, are appointed by the

25  Secretary of State, and are qualified through the

26  demonstration of special interest, experience, or education in

27  interpretation of the state's history and historical

28  properties.  Each member shall have professional training and

29  experience in one or more of the following fields: history,

30  historic preservation, architecture, architectural history, or

31  archaeology.

                                  29

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (2)  Members shall be appointed for 2-year terms,

  2  except for an appointment to fill an unexpired term, in which

  3  event the appointment shall be for the remainder of the

  4  unexpired term only.  No person shall serve more than two

  5  consecutive terms on the council.

  6         (3)  The director of the division or his or her

  7  designee shall serve without voting rights as secretary to the

  8  council.  The division shall provide necessary staff

  9  assistance to the council.

10         (4)  The council shall meet at the request of the

11  division or at the request of a majority of its membership to

12  carry out its responsibilities, however, the council need not

13  convene a meeting but may give advice by means of written or

14  telephonic communication.  Members shall serve without pay,

15  but shall be entitled to reimbursement for their expenses in

16  carrying out their official duties, as provided in s. 112.061.

17         (5)  It shall be the responsibility of the council to

18  provide assistance, advice, and recommendations to the

19  division in evaluating proposals for Official Florida

20  Historical Markers and identifying goals for the State

21  Historical Marker Program.  The process of evaluation shall

22  seek to establish the significance of the subject proposed for

23  a marker, but neither the division nor the council shall make

24  proposal or evaluation requirements so complex or onerous as

25  to preclude private citizens from directly submitting

26  proposals without professional assistance.

27         Section 13.  Section 267.081, Florida Statutes, is

28  amended to read:

29         267.081  Publications.--

30         (1)  It is the duty of the division to:

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (a)(1)  Promote and encourage the writing of Florida

  2  history.

  3         (b)(2)  Collect, edit, publish, and print pamphlets,

  4  papers, manuscripts, documents, books, monographs, and other

  5  materials relating to Florida history.  The division may

  6  establish a reasonable charge for such publications.

  7         (c)(3)  Cooperate with and coordinate research and

  8  publication activities of other agencies, organizations,

  9  historical commissions and societies, corporations, and

10  individuals, which relate to historical matters.

11         (d)(4)  Hold any moneys received from the sale of

12  publications by the division in the operating trust fund of

13  the division or in a separate depository account in the name

14  of a citizen-support organization formed pursuant to s. 267.17

15  and subject to the provision of a letter of agreement with the

16  division.

17         (2)  The division may exercise the right of trademark

18  and service mark over the terms "Florida History & the Arts"

19  or "Florida History and the Arts" pursuant to s. 286.031.

20         Section 14.  Section 267.115, Florida Statutes, is

21  created to read:

22         267.115  Objects of historical or archaeological

23  value.--The division shall acquire, maintain, preserve,

24  interpret, exhibit, and make available for study objects which

25  have intrinsic historical or archaeological value relating to

26  the history, government, or culture of the state. Such objects

27  may include tangible personal property of historical or

28  archaeological value.  Objects acquired under this section

29  belong to the state, and title to such objects is vested in

30  the division.

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         (1)  Notwithstanding s. 273.02, the division shall

  2  maintain an adequate record of all objects in its custody

  3  which have a historical or archaeological value.  Once each

  4  year, on July 1 or as soon thereafter as practicable, the

  5  division shall take a complete inventory of all such objects

  6  in its custody the value or cost of which is $500 or more and

  7  a sample inventory of such objects the value or cost of which

  8  is less than $500.  Each inventory shall be compared with the

  9  property record, and all discrepancies shall be traced and

10  reconciled.  Objects of historical or archaeological value are

11  not required to be identified by marking or other physical

12  alteration of the objects.

13         (2)  The division may arrange for the temporary or

14  permanent loan of any object which has historical or

15  archaeological value in its custody.  Such loans shall be for

16  the purpose of assisting historical, archaeological, or other

17  studies; providing objects relating to interpretive exhibits

18  and other educational programs which promote knowledge and

19  appreciation of Florida history and the programs of the

20  division; or assisting the division in carrying out its

21  responsibility to ensure proper curation of the objects.

22         (3)  The division may determine from time to time that

23  an object which is in its custody and which is owned by the

24  state has no further use or value for the research, exhibit,

25  or educational programs of the division, or that such an

26  object will receive more appropriate maintenance and

27  preservation by another agency, institution, or organization,

28  and may loan, exchange, sell, or otherwise transfer ownership

29  and custody of such object to another agency, institution, or

30  organization for the purpose of ensuring the continued

31  maintenance and preservation of such object, or for the

                                  32

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  purpose of acquiring another object which better serves the

  2  interests of the state and is more appropriate for promoting

  3  knowledge and appreciation of Florida history and the programs

  4  of the division.

  5         (4)  For the purpose of the exchange, sale, or other

  6  transfer of objects of historical or archaeological value, the

  7  division is exempt from chapter 273.

  8         (5)  All moneys received from the sale of an object

  9  which has historical or archaeological value pursuant to

10  subsection (3) shall be deposited in the Historical Resources

11  Operating Trust Fund and shall be used exclusively for the

12  acquisition of additional historical and archaeological

13  objects or the preservation and maintenance of any such

14  objects in the custody of the division.

15         (6)  The division shall adopt rules pursuant to ss.

16  120.536(1) and 120.54 that prescribe criteria for the

17  inventory and for the loan, exchange, sale, transfer, or other

18  disposal of state-owned objects of historical or

19  archaeological value.

20         (7)  Any custodian as defined in s. 273.01(1) who

21  violates any provision of this section or any rule adopted

22  pursuant to this section commits a misdemeanor of the second

23  degree, punishable as provided in s. 775.082 or s. 775.083.

24         (8)  Notwithstanding any provision of s. 287.022 or s.

25  287.025(1)(e), the division may enter into contracts to insure

26  museum collections, artifacts, relics, and fine arts to which

27  it holds title.

28         (9)  The division may implement a program to administer

29  finds of isolated historic artifacts from state-owned river

30  bottoms whereby the division may transfer ownership of such

31  artifacts to the finder in exchange for information about the

                                  33

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  artifacts and the circumstances and location of their

  2  discovery.

  3         Section 15.  Subsection (1) of section 267.13, Florida

  4  Statutes, is amended, and subsection (4) is added to that

  5  section to read:

  6         267.13  Prohibited practices; penalties.--

  7         (1)(a)  Any person who by means other than excavation

  8  either conducts archaeological field investigations on, or

  9  removes or attempts to remove, or defaces, destroys, or

10  otherwise alters any archaeological site or specimen located

11  upon, any land owned or controlled by the state or within the

12  boundaries of a designated state archaeological landmark or

13  landmark zone, except in the course of activities pursued

14  under the authority of a permit or under procedures relating

15  to accredited institutions granted by the division, commits a

16  misdemeanor of the first degree, punishable as provided in s.

17  775.082 or s. 775.083, and, in addition, shall forfeit to the

18  state all specimens, objects, and materials collected,

19  together with all photographs and records relating to such

20  material.

21         (b)  Any person who by means of excavation either

22  conducts archaeological field investigations on, or removes or

23  attempts to remove, or defaces, destroys, or otherwise alters

24  any archaeological site or specimen located upon, any land

25  owned or controlled by the state or within the boundaries of a

26  designated state archaeological landmark or landmark zone,

27  except in the course of activities pursued under the authority

28  of a permit or under procedures relating to accredited

29  institutions granted by the division, commits a felony of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084, and any vehicle or equipment of any

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  person used in connection with the violation is subject to

  2  forfeiture to the state if it is determined by any court of

  3  law that the vehicle or equipment was involved in the

  4  violation.  Such person shall forfeit to the state all

  5  specimens, objects, and materials collected or excavated,

  6  together with all photographs and records relating to such

  7  material.  The court may also order the defendant to make

  8  restitution to the state for the archaeological or commercial

  9  value and cost of restoration and repair as defined in

10  subsection (4) damage and the cost of restoring the affected

11  resource as provided in s. 775.089.

12         (c)  Any person who offers for sale or exchange any

13  object with knowledge that it has previously been collected or

14  excavated in violation of any of the terms of ss.

15  267.11-267.14, or who procures, counsels, solicits, or employs

16  any other person to violate any prohibition contained in ss.

17  267.11-267.14 or to sell, purchase, exchange, transport,

18  receive, or offer to sell, purchase, or exchange any

19  archaeological resource excavated or removed from any land

20  owned or controlled by the state or within the boundaries of a

21  designated state archaeological landmark or landmark zone,

22  except with the express consent of the division, commits a

23  felony of the third degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084, and any vehicle or

25  equipment of any person used in connection with the violation

26  is subject to forfeiture to the state if it is determined by

27  any court of law that such vehicle or equipment was involved

28  in the violation.  All specimens, objects, and material

29  collected or excavated, together with all photographs and

30  records relating to such material, shall be forfeited to the

31  state.  The court may also order the defendant to make

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  restitution to the state for the archaeological or commercial

  2  value and cost of restoration and repair as defined in

  3  subsection (4) damage and the cost of restoring the affected

  4  resource as provided in s. 775.089.

  5         (4)(a)  Archaeological value.  For purposes of this

  6  section, the archaeological value of any archaeological

  7  resource involved in a violation of the prohibitions in ss.

  8  267.11-267.14 or conditions of a permit issued pursuant to ss.

  9  267.11-267.14 shall be the value of the data associated with

10  the archaeological resource.  This value shall be appraised in

11  terms of the costs of the retrieval of the scientific

12  information which would have been obtainable prior to the

13  violation.  These costs may include, but need not be limited

14  to, the cost of preparing a research design, conducting field

15  work, carrying out laboratory analysis, and preparing reports

16  as would be necessary to realize the information potential.

17         (b)  Commercial value.  For purposes of this section,

18  the commercial value of any archaeological resource involved

19  in a violation of the prohibitions in ss. 267.11-267.14 or

20  conditions of a permit issued pursuant ss. 267.11-267.14 shall

21  be its fair market value.  Where the violation has resulted in

22  damage to the archaeological resource, the fair market value

23  should be determined using the condition of the archaeological

24  resource prior to the violation, to the extent that its prior

25  condition can be ascertained.

26         (c)  Cost of restoration and repair.  For purposes of

27  this section, the cost of restoration and repair of

28  archaeological resources damaged as a result of a violation of

29  prohibitions or conditions pursuant to this section shall be

30  the sum of the costs already incurred for emergency

31  restoration or repair work, plus those costs projected to be

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  necessary to complete restoration and repair, which may

  2  include, but need not be limited to, the costs of the

  3  following:

  4         1.  Reconstruction of the archaeological resource.

  5         2.  Stabilization of the archaeological resource.

  6         3.  Ground contour reconstruction and surface

  7  stabilization.

  8         4.  Research necessary to carry out reconstruction or

  9  stabilization.

10         5.  Physical barriers or other protective devices,

11  necessitated by the disturbance of the archaeological

12  resource, to protect it from further disturbance.

13         6.  Examination and analysis of the archaeological

14  resource, including recording remaining archaeological

15  information, where necessitated by disturbance, in order to

16  salvage remaining values which cannot be otherwise conserved.

17         7.  Reinterment of human remains in accordance with

18  religious custom and state, local, or tribal law, where

19  appropriate, as determined by the land manager.

20         8.  Preparation of reports relating to any of the

21  activities described in this paragraph.

22         Section 16.  Section 267.14, Florida Statutes, is

23  amended to read:

24         267.14  Legislative intent.--It is hereby declared to

25  be the public policy of the state to preserve archaeological

26  sites and objects of antiquity for the public benefit and to

27  limit exploration, excavation, and collection of such matters

28  to qualified persons and educational institutions possessing

29  the requisite skills and purpose to add to the general store

30  of knowledge concerning history, archaeology, and

31  anthropology. It is further declared to be the public policy

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  of the state the declared intention of the Legislature that

  2  field investigation activities on privately owned lands should

  3  be discouraged except in accordance with both the provisions

  4  and spirit of ss. 267.11-267.14; and persons having knowledge

  5  of the location of archaeological sites are encouraged to

  6  communicate such information to the division.

  7         Section 17.  Effective July 1, 2001, section 267.173,

  8  Florida Statutes, is created to read:

  9         267.173  Historic preservation in West Florida; goals;

10  contracts for historic preservation; powers and duties.--

11         (1)  The goal for contracting with the University of

12  West Florida is to ensure long-term preservation and

13  interpretation of state-owned historic properties under the

14  jurisdiction of the Historic Pensacola Preservation Board of

15  Trustees while facilitating an educational program at the

16  University of West Florida that will be responsive to the

17  state's needs for professionals in historic preservation,

18  archaeology, cultural resource management, and museum

19  administration and will help meet needs of West Florida

20  communities through educational internships and practicums.

21         (2)  The Department of State shall contract with the

22  University of West Florida for the management of the various

23  state-owned properties managed by the Historic Pensacola

24  Preservation Board of Trustees prior to July 1, 2001.  The

25  contract shall provide that the University of West Florida

26  shall use all proceeds derived from the management of these

27  state-owned properties for the purpose of advancing historic

28  preservation.

29         (3)  The Department of State may transfer ownership and

30  responsibility to any artifacts, documents, equipment, and

31  other forms of tangible personal property to the University of

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  West Florida to assist the university in the transition of the

  2  management of the state-owned properties.  All records,

  3  personnel, property, other than real property held under lease

  4  by the department from the Board of Trustees of the Internal

  5  Improvement Trust Fund, and unexpended balances of

  6  appropriations, allocations, or other funds of the Historic

  7  Pensacola Board of Trustees shall be transferred to the

  8  University of West Florida to be used for its historic

  9  preservation activities and responsibilities as set forth in

10  the contract with the Department of State. The transfer of

11  segregated funds must be made in such a manner that the

12  relation between program and revenue source as provided by law

13  is retained.

14         (4)(a)  The University of West Florida is the governing

15  body for the management and maintenance of state-owned

16  properties contracted by this section and shall exercise those

17  powers delegated to it by contract as well as performing all

18  lawful acts necessary and convenient and incident to the

19  effectuating of its function and purpose under this section

20  and s. 267.1732.  The University of West Florida may contract

21  with its direct-support organization described in s. 267.1732

22  to perform all acts that are lawful and permitted for

23  not-for-profit corporations under chapter 617 in assisting the

24  university in carrying out its historic preservation and

25  historic preservation education responsibilities.

26         (b)  The university or its direct-support organization,

27  if permitted in its contract with the university, shall have

28  the power to engage in any lawful business or activity to

29  establish, maintain, and operate the state-owned facilities

30  and properties under contract with the Department of State,

31  including, but not limited to:

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         1.  The renting or leasing for revenue of any land,

  2  improved or restored real estate, or personal property

  3  directly related to carrying out the purposes for historic

  4  preservation under terms and conditions of the contract with

  5  the Department of State and deemed by the university to be in

  6  the best interest of the state.

  7         2.  The selling of craft products created through the

  8  operation and demonstration of historical museums, craft

  9  shops, and other facilities.

10         3.  The limited selling of merchandise relating to the

11  historical and antiquarian period of Pensacola and its

12  surrounding territory and the historical period of West

13  Florida from the Apalachicola River to the western boundaries

14  of the state.

15         (c)  The university or its direct-support organization,

16  if permitted in its contract with the university, shall have

17  the authority to:

18         1.  Enter into agreements to accept credit card

19  payments as compensation, and establish accounts in credit

20  card banks for the deposit of credit card sales invoices.

21         2.  Fix and collect charges for admission to any of the

22  state-owned facilities under contract with the Department of

23  State.

24         3.  Permit the acceptance of tour vouchers issued by

25  tour organizations or travel agents for payment of admissions.

26         4.  Adopt and enforce reasonable rules to govern the

27  conduct of the visiting public.

28         (5)  The Division of Historical Resources in the

29  Department of State may contract with the University of West

30  Florida to serve as the regional office for the West Florida

31  region of the state from the Apalachicola River to the western

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  boundaries of the state.  In lieu of the establishment of a

  2  citizen support organization as required by s. 267.031(5)(m),

  3  the University of West Florida may use an existing

  4  direct-support organization of the university provided that

  5  the membership of the direct-support organization is

  6  representative of the area of the state to be served and

  7  provides the needed expertise in the area of historic

  8  preservation.

  9         (6)  Notwithstanding the provisions of s. 287.057, the

10  University of West Florida or its direct-support organization

11  may enter into contracts or agreements with or without

12  competitive bidding, in its discretion, for the protection or

13  preservation of historic properties.

14         (7)  Notwithstanding s. 273.055, the University of West

15  Florida may exchange, sell, or otherwise transfer any

16  artifact, document, equipment and other form of tangible

17  personal property if its direct-support organization

18  recommends such exchange, sale, or transfer to the president

19  of the university and if it is determined that the object is

20  no longer appropriate for the purpose of advancing historic

21  preservation.

22         (8)  Notwithstanding any other provision of law, the

23  University of West Florida and its direct-support organization

24  are eligible to match state funds in the Trust Fund for Major

25  Gifts established pursuant to s. 240.2605.

26         Section 18.  Effective July 1, 2001, section 266.0018,

27  Florida Statutes, is transferred, renumbered as section

28  267.1732, Florida Statutes, and amended to read:

29         267.1732 266.0018  Direct-support organization.--

30         (1)  The University of West Florida shall Historic

31  Pensacola Preservation Board of Trustees may authorize a

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  direct-support organization to assist the university board in

  2  carrying out its dual historic preservation and historic

  3  preservation education purposes and responsibilities for the

  4  City of Pensacola, Escambia County, and West Florida by

  5  raising money; submitting requests for and receiving grants

  6  from the Federal Government, the state or its political

  7  subdivisions, private foundations, and individuals; receiving,

  8  holding, investing, and administering property; and making

  9  expenditures to or for the benefit of the university board.

10  The sole purpose for the direct-support organization is to

11  support the historic preservation efforts and the historic

12  preservation education programs and initiatives of the

13  university board. Such a direct-support organization is an

14  organization that is:

15         (a)  Incorporated under the provisions of chapter 617

16  and approved by the Department of State department as a

17  Florida corporation not for profit;

18         (b)  Organized and operated to receive, hold, invest,

19  and administer property and to make expenditures to or for the

20  benefit of the university board; and

21         (c)  Approved by the university board and the

22  department to be operating for the benefit of and in a manner

23  consistent with the goals of the university the board and in

24  the best interest of the state.

25         (2)  The number of the board of directors of the

26  direct-support organization shall be determined by the

27  president of the university.  However, the current members of

28  the board of directors of the direct-support organization for

29  the Historic Pensacola Preservation Board of Trustees shall be

30  members of the board of directors of the direct-support

31  organization for the university for the duration of their

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  appointed terms.  Additional members or members to fill

  2  vacancies shall be appointed by the president of the

  3  university in consultation with the board of directors of the

  4  direct-support organization. Membership on the board of

  5  directors of the direct-support organization shall include the

  6  professional expertise to ensure the university meeting its

  7  dual purposes of historic preservation and historic

  8  preservation education to include, but not be limited to, a

  9  licensed architect who has expertise in historic preservation

10  and architectural history, a professional historian in the

11  field of American history, and a professional archaeologist.

12  All board members must have demonstrated interest in the

13  preservation of Florida's historical and archaeological

14  heritage.  Membership on the board of directors must be

15  representative of the areas of West Florida served by the

16  direct-support organization and the university in its

17  preservation efforts.  The president of the university, or the

18  president's designee, shall serve as a member of the board of

19  directors.

20         (3)(2)  The direct-support organization shall operate

21  under written contract with the university board.  The

22  contract must provide for:

23         (a)  Approval of the articles of incorporation and

24  bylaws of the direct-support organization by the university

25  board and the department.

26         (b)  Submission of an annual budget for the approval of

27  the university board. The budget must comply with rules

28  adopted by the university board.

29         (c)  Certification by the university board that the

30  direct-support organization is complying with the terms of the

31  contract and in a manner consistent with the historic

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  preservation goals and purposes of the university board and in

  2  the best interest of the state. Such certification must be

  3  made annually by the university and reported in the official

  4  minutes of a meeting of the university board.

  5         (d)  The reversion to the university board, or the

  6  state if the university board ceases to exist, of moneys and

  7  property held in trust by the direct-support organization for

  8  the benefit of the university board if the direct-support

  9  organization is no longer approved to operate for the

10  university board, or the university board ceases to exist, and

11  if such moneys and property were acquired after October 1,

12  1986.

13         (e)  The fiscal year of the direct-support

14  organization, which must begin July 1 of each year and end

15  June 30 of the following year.

16         (f)  The disclosure of material provisions of the

17  contract and the distinction between the University of West

18  Florida board of trustees and the direct-support organization

19  to donors of gifts, contributions, or bequests, as well as on

20  all promotional and fundraising publications.

21         (3)  The members of the direct-support organization's

22  board of directors must include members of the board of

23  trustees.

24         (4)  The university board may authorize a

25  direct-support organization to use its property (except

26  money), facilities, and personal services, subject to the

27  provisions of this section and s. 240.299.  A direct-support

28  organization that does not provide equal employment

29  opportunities to all persons regardless of race, color,

30  religion, sex, age, or national origin may not use the

31  property, facilities, or personal services of the university

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  board.  For the purposes of this subsection, the term

  2  "personal services" includes full-time personnel and part-time

  3  personnel as well as payroll processing.

  4         (5)  The university board shall establish policies and

  5  may adopt rules pursuant to s. 240.299 prescribing the

  6  procedures by which the direct-support organization is

  7  governed and any conditions with which a direct-support

  8  organization must comply to use property, facilities, or

  9  personal services of the university board.

10         (6)  Any moneys may be held in a separate depository

11  account in the name of the direct-support organization and

12  subject to the provisions of the contract with the university

13  board. Such moneys may include lease income, admissions

14  income, membership fees, private donations, income derived

15  from fundraising activities, and grants applied for and

16  received by the direct-support organization.

17         (7)  The direct-support organization shall provide for

18  an annual financial and compliance audit of its financial

19  accounts and records by an independent certified public

20  accountant in accordance with generally accepted accounting

21  standards rules established by the board.  The annual audit

22  report must be submitted to the university board for review

23  and approval. The university, the Auditor General, and others

24  authorized in s. 240.299 shall have the authority to require

25  and receive from the direct-support organization, or from its

26  independent auditor, any detail or supplemental data relative

27  to the operation of the organization. Upon approval, the

28  university board shall certify the audit report to the Auditor

29  General for review.

30         (8)  The identity of a donor or prospective donor of

31  property to a direct-support organization who desires to

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1  remain anonymous, and all information identifying such donor

  2  or prospective donor, is confidential and exempt from the

  3  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

  4  Constitution; and that anonymity must be maintained in the

  5  auditor's report. The university and the Auditor General shall

  6  have access to all records of the direct-support organization

  7  at any time it is requested he or she so requests.

  8         (9)  Provisions governing direct-support organizations

  9  in s. 240.99 and not provided in this section shall apply to

10  the direct-support organization.

11         Section 19.  This act shall not affect the validity of

12  any judicial or administrative action involving the Historic

13  Pensacola Preservation Board of Trustees pending as of July 1,

14  2001.  The Department of State shall be substituted as of that

15  date for the Historic Pensacola Preservation Board of Trustees

16  as a party in interest in any such pending action.

17         Section 20.  Paragraph (h) of subsection (2) of section

18  607.1901, Florida Statutes, is amended to read:

19         607.1901  Corporations Trust Fund creation; transfer of

20  funds.--

21         (2)

22         (h)  The division shall transfer from the trust fund to

23  the Historical Resources Operating Trust Fund, quarterly,

24  prorations transferring $1.5 million each fiscal year, to be

25  used as provided in s. 267.0619 267.072.

26         Section 21.  Paragraph (e) of subsection (2) of section

27  872.05, Florida Statutes, is amended to read:

28         872.05  Unmarked human burials.--

29         (2)  DEFINITIONS.--As used in this section:

30         (e)  "State Archaeologist" means the person employed by

31  the division pursuant to s. 267.031(6) 267.061(4).

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1         Section 22.  Except as otherwise provided herein, this

  2  act shall take effect January 1, 2002.

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Repeals pt. I of chapter 266, F.S., to eliminate general
  4    provisions relating to historic preservation boards of
      trustees and the responsibilities of the Department of
  5    State with respect thereto.  Repeals various provisions
      of pt. II of chapter 266, F.S., to eliminate the Historic
  6    Pensacola Board of Trustees.

  7
      Provides powers and duties of the Division of Historical
  8    Resources.  Provides for the establishment of historic
      preservation regional offices to assist the division in
  9    the delivery of historic preservation services to the
      counties and municipalities of the state.  Provides for
10    location of regional offices and requires the division to
      establish a citizen support organization for each
11    regional office.  Requires the division to establish and
      maintain a central inventory of historic properties.
12    Requires the employment of a state archaeologist, a State
      Historic Preservation Officer, and historic preservation
13    specialists.

14
      Eliminates the Historic Preservation Advisory Council and
15    creates the Florida Historical Commission.  Provides
      powers and duties of the commission. Provides composition
16    of the commission.  Provides for initial membership and
      subsequent appointments, terms, organization, and
17    responsibilities of the commission.  Provides that
      specified members of the commission shall sit as
18    Florida's National Register Review Board.

19
      Defines special category historic preservation
20    grants-in-aid and requires review of such grants by the
      commission.  Provides for review of other grants by grant
21    review panels.

22
      Reorganizes and revises provisions relating to historical
23    museum grants to provide that grant review panels
      appointed by the Secretary of State shall review grant
24    applications and make recommendations for the award of
      grants. Reorganizes and revises provisions relating to
25    the Great Floridians Program.

26
      Recreates various provisions within ch. 267, F.S., that
27    are repealed by the act, relating to the Historical
      Marker Program, the State Historical Marker Council, and
28    the authority of the Division of Historical Resources
      with respect to objects of historical or archaeological
29    value, as separate sections of ch. 267, F.S.

30
      Authorizes the division to exercise the right of
31    trademark and service mark over specified terms. Revises
      provisions with respect to restitution for the commission
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    Florida Senate - 2001                                  SB 2114
    7-1076-01                                               See HB




  1    of prohibited practices under ch. 267, F.S., and defines
      value elements for purposes of determining restitution.
  2    Provides public policy of the state with respect to
      preservation of archaeological sites and objects of
  3    antiquity.

  4
      Requires the Department of State to contract with the
  5    University of West Florida for management of various
      state-owned properties managed by the Historic Pensacola
  6    Preservation Board of Trustees prior to July 1, 2001.
      Provides contract goals. Requires specified use of
  7    proceeds from the management of such properties.
      Authorizes transfer and ownership of artifacts,
  8    documents, and properties to the university. Provides for
      transfer of records, property, personnel, and funds of
  9    the Historic Pensacola Board of Trustees to the
      university. Specifies powers and duties of the
10    university. Authorizes the university to contract with
      its direct-support organization for specified purposes.
11    Authorizes the Department of State to contract with the
      university to serve as a regional office. Provides an
12    exception to the requirement that the division establish
      a separate direct-support organization for each regional
13    office established, to authorize the university's
      utilization of an existing direct-support organization in
14    such capacity.

15
      Requires the authorization of a direct-support
16    organization to assist the university in historic
      preservation and historic preservation education purposes
17    and responsibilities. Provides membership criteria and
      provides for selection of members. Provides contract and
18    other governance requirements of the organization.

19
      Provides for preservation of the validity of judicial or
20    administrative actions involving the Historic Pensacola
      Preservation Board of Trustees as of July 1, 2001.
21

22

23

24

25

26

27

28

29

30

31

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