HB 1113

1	A bill to be entitled
2	An act relating to the Department of State; amending s.
3	20.04, F.S.; authorizing nonstandard internal structuring
4	of the department; amending s. 20.10, F.S.; reorganizing
5	the department; providing for an assistant Secretary of
6	State and deputy secretaries of state; deleting existing
7	divisions of the department and creating offices as
8	internal subdivisions and providing their
9	responsibilities; creating s. 257.015, F.S.; providing
10	definitions applicable to public libraries and state
11	archives; amending ss. 15.09, 15.0913, 15.16, 15.18,
12	15.21, 17.27, 20.121, 20.23, 23.22, 28.30, 97.021, 97.026,
13	97.053, 98.081, 98.0979, 98.101, 98.461, 99.097, 100.371,
14	101.015, 101.017, 101.293, 101.294, 101.545, 101.5608,
15	101.5614, 101.694, 101.732, 101.733, 102.111, 102.141,
16	105.031, 105.035, 105.036, 105.041, 106.011, 106.021,
17	106.03, 106.04, 106.06, 106.07, 106.11, 106.141, 106.1475,
18	106.22, 106.23, 106.24, 106.25, 106.26, 106.29, 106.33,
19	106.35, 111.012, 119.01, 119.041, 119.05, 119.09, 119.092,
20	120.55, 145.09, 193.505, 196.1997, 196.1998, 205.023,
21	213.053, 213.50, 215.20, 253.025, 253.027, 257.01, 257.02,
22	257.031, 257.04, 257.05, 257.12, 257.14, 257.15, 257.16,
23	257.171, 257.172, 257.18, 257.191, 257.192, 257.193,
24	257.195, 257.22, 257.23, 257.24, 257.30, 257.34, 257.35,
25	257.36, 257.37, 257.375, 257.41, 257.42, 258.007, 258.501,
26	259.035, 259.037, 260.0142, 265.283, 265.284, 265.285,
27	265.286, 265.2861, 265.2862, 265.2865, 265.603, 265.606,
28	265.608, 265.609, 265.701, 265.702, 267.021, 267.031,
29	267.061, 267.0612, 267.0617, 267.0619, 267.062, 267.071,
30	267.072, 267.0731, 267.074, 267.0743, 267.075, 267.081,
31	267.11, 267.115, 267.12, 267.13, 267.135, 267.14, 267.16,
32	267.161, 267.17, 267.173, 286.001, 380.06, 380.061,
33	380.285, 403.941, 403.9411, 413.011, 440.02, 440.05,
34	445.004, 468.401, 561.01, 607.0401, 607.1506, 617.0401,
35	617.1506, 620.103, 865.09, 872.02, 872.05, 943.1728,
36	1004.51, 1004.52, 1004.94, and 1013.64, F.S., to conform;
37	repealing ss. 265.51, 265.52, 265.53, 265.54, 265.55, and
38	265.56, F.S., relating to authority of the department to
39	enter indemnity agreements; providing an effective date.
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  Section 20.04, Florida Statutes, is amended to
44	read:
45	20.04  Structure of executive branch.--The executive branch
46	of state government is structured as follows:
47	(1)  The department is the principal administrative unit of
48	the executive branch. Each department must bear a title
49	beginning with the words "State of Florida" and continuing with
50	"Department of ____."
51	(2)  For field operations, departments may establish
52	district or area offices that combine division, bureau, section,
53	and subsection functions.
54	(3)  For their internal structure, all departments, except
55	for the Department of Financial Services, the Department of
56	Children and Family Services, the Department of Corrections, the
57	Department of Management Services, the Department of Revenue,
58	the Department of State, and the Department of Transportation,
59	must adhere to the following standard terms:
60	(a)  The principal unit of the department is the
61	"division." Each division is headed by a "director."
62	(b)  The principal unit of the division is the "bureau."
63	Each bureau is headed by a "chief."
64	(c)  The principal unit of the bureau is the "section."
65	Each section is headed by an "administrator."
66	(d)  If further subdivision is necessary, sections may be
67	divided into "subsections," which are headed by "supervisors."
68	(4)  Within the Department of Children and Family Services
69	there are organizational units called "program offices," headed
70	by program directors.
71	(5)  Within the Department of Corrections the principal
72	policy and program development unit of the department is the
73	"office." Each "office" is headed by a director.
74	(6)  Within the Department of State the principal policy
75	and program development unit of the department is the "office."
76	A director or other senior management position as determined by
77	the secretary shall head each "office."
78	(7)(6)  Within the Department of Transportation the
79	principal policy and program development unit of the department
80	is the "office." Each "office" is headed by a director.
81	(8)(7)(a)  Unless specifically authorized by law, the head
82	of a department may not reallocate duties and functions
83	specifically assigned by law to a specific unit of the
84	department. Those functions or agencies assigned generally to
85	the department without specific designation to a unit of the
86	department may be allocated and reallocated to a unit of the
87	department at the discretion of the head of the department.
88	(b)  Within the limitations of this subsection, the head of
89	the department may recommend the establishment of additional
90	divisions, bureaus, sections, and subsections of the department
91	to promote efficient and effective operation of the department.
92	However, additional divisions, or offices in the Department of
93	Children and Family Services, the Department of Corrections, and
94	the Department of Transportation, may be established only by
95	specific statutory enactment. New bureaus, sections, and
96	subsections of departments may be initiated by a department and
97	established as recommended by the Department of Management
98	Services and approved by the Executive Office of the Governor,
99	or may be established by specific statutory enactment.
100	(c)  For the purposes of such recommendations and
101	approvals, the Department of Management Services and the
102	Executive Office of the Governor, respectively, must adopt and
103	apply specific criteria for assessing the appropriateness of all
104	reorganization requests from agencies. The criteria must be
105	applied to future agency requests for reorganization and must be
106	used to review the appropriateness of bureaus currently in
107	existence. Any current bureau that does not meet the criteria
108	for a bureau must be reorganized into a section or other
109	appropriate unit.
110	(9)(8)  The Executive Office of the Governor must maintain
111	a current organizational chart of each agency of the executive
112	branch, which must identify all divisions, bureaus, units, and
113	subunits of the agency. Agencies must submit such organizational
114	charts in accordance with guidelines established by the
115	Executive Office of the Governor.
116	Section 2.  Section 20.10, Florida Statutes, is amended to
117	read:
118	20.10  Department of State.--There is created a Department
119	of State.
120	(1)  The head of the Department of State is the Secretary
121	of State. The Secretary of State shall be appointed by the
122	Governor, subject to confirmation by the Senate, and shall serve
123	at the pleasure of the Governor. The Secretary of State shall
124	perform the functions conferred by the State Constitution upon
125	the custodian of state records.
126	(2)  The Secretary of State shall appoint an assistant
127	secretary and deputy secretaries, who shall serve at the
128	pleasure of the secretary:
129	(a)  The Assistant Secretary of State shall act in the
130	absence of the secretary, is directly responsible to the
131	secretary, and shall perform such duties as are assigned by the
132	secretary.
133	(b)  The Deputy Secretary for Cultural and Historical
134	Programs is responsible for those programs assigned to the
135	Cultural, Historical, and Grants Services entity which meet the
136	secretary's responsibilities as chief cultural officer.
137	(c)  The Deputy Secretary for State Records is responsible
138	for those programs assigned to the State Library, Elections, and
139	Records Custodian Services entity which meet the secretary's
140	responsibilities as state records custodian.
141	(3)  The secretary may appoint deputies and directors who
142	serve at his or her pleasure. The secretary may delegate to
143	those deputies or directors responsibilities, as appropriate,
144	for the management, policy formulation, and functioning of
145	department programs.
146	(4)(a)  The secretary may establish programs and offices,
147	each of which shall be headed by a director or other management
148	position who shall be appointed by and serve at the pleasure of
149	the secretary.
150	(b)  The following programs and offices are established:
151	1.  Art and History Programs Office.
152	2.  Historic Preservation Programs Office.
153	3.  Community Grants Services Office.
154	4.  State Recording Office.
155	5.  Elections Office.
156	6.  State Library, Archives, and Records Services Office.
157	7.  Administrative Support Services Office.
158	8.  Central Computing Support Services Office.
159	(2)  The following divisions of the Department of State are
160	established:
161	(a)  Division of Elections.
162	(b)  Division of Historical Resources.
163	(c)  Division of Corporations.
164	(d)  Division of Library and Information Services.
165	(e)  Division of Cultural Affairs.
166	(f)  Division of Administration.
167	(5)(3)  The Department of State may adopt rules pursuant to
168	ss. 120.536(1) and 120.54 to administer the provisions of law
169	conferring duties upon the department.
170	Section 3.  Section 257.015, Florida Statutes, is created
171	to read:
172	257.015  Definitions.--As used in this chapter, the term:
173	(1)  "Department" means the Department of State.
174	(2)  "Secretary" means the Secretary of State.
175	(3)  "Director" means the Program Director of the State
176	Library, Archives, and Records Services Office.
177	(4)  "State librarian" means the position to which a person
178	is appointed by the secretary pursuant to s. 257.031 as head of
179	the State Library, Archives, and Records Services.
180	Section 4.  Subsection (4) of section 15.09, Florida
181	Statutes, is amended to read:
182	15.09  Fees.--
183	(4)  All funds collected by the State Recording Office
184	Division of Corporations of the department shall be deposited in
185	the General Revenue Fund.
186	Section 5.  Section 15.0913, Florida Statutes, is amended
187	to read:
188	15.0913  Performance standards.--To meet the requisite
189	standards of time and reliability for document filing and
190	information furnished by the Bureau of Uniform Commercial Code
191	of the State Recording Office Division of Corporations, the
192	Department of State shall file all Uniform Commercial Code
193	documents within 3 working days after the time they are received
194	by the bureau.
195	Section 6.  Subsection (3) of section 15.16, Florida
196	Statutes, is amended to read:
197	15.16  Reproduction of records; admissibility in evidence;
198	electronic receipt and transmission of records; certification;
199	acknowledgment.--
200	(3)  The Department of State may cause to be received
201	electronically any records that are required to be filed with it
202	pursuant to chapter 55, chapter 606, chapter 607, chapter 608,
203	chapter 617, chapter 620, chapter 621, chapter 679, chapter 713,
204	or chapter 865, through facsimile or other electronic transfers,
205	for the purpose of filing such records.  The originals of all
206	such electronically transmitted records must be executed in the
207	manner provided in paragraph (5)(b). The receipt of such
208	electronic transfer constitutes delivery to the department as
209	required by law.
210	Section 7.  Section 15.18, Florida Statutes, is amended to
211	read:
212	15.18  International and cultural relations.--The various
213	offices Divisions of Cultural Affairs, Historical Resources, and
214	Library and Information Services of the Department of State
215	promote programs having substantial cultural, artistic, and
216	indirect economic significance that emphasize American
217	creativity. The Secretary of State, as the head administrator of
218	these offices divisions, shall hereafter be known as "Florida's
219	Chief Cultural Officer." As this officer, the Secretary of State
220	is encouraged to initiate and develop relationships between the
221	state and foreign cultural officers, their representatives, and
222	other foreign governmental officials in order to promote Florida
223	as the center of American creativity.  The Secretary of State
224	shall coordinate international activities pursuant to this
225	section with Enterprise Florida, Inc., and any other
226	organization the secretary deems appropriate. For the
227	accomplishment of this purpose, the Secretary of State shall
228	have the power and authority to:
229	(1)  Disseminate any information pertaining to the State of
230	Florida which promotes the state's cultural assets.
231	(2)  Plan and carry out activities designed to cause
232	improved cultural and governmental programs and exchanges with
233	foreign countries.
234	(3)  Plan and implement cultural and social activities for
235	visiting foreign heads of state, diplomats, dignitaries, and
236	exchange groups.
237	(4)  Encourage and cooperate with other public and private
238	organizations or groups in their efforts to promote the cultural
239	advantages of Florida.
240	(5)  Serve as the liaison with all foreign consular and
241	ambassadorial corps, as well as international organizations,
242	that are consistent with the purposes of this section.
243	(6)  Provide, arrange, and make expenditures for the
244	achievement of any or all of the purposes specified in this
245	section.
246	(7)  Notwithstanding the provisions of part I of chapter
247	287, promulgate rules for entering into contracts which are
248	primarily for promotional services and events, which may include
249	commodities involving a service.  Such rules shall include the
250	authority to negotiate costs with the offerors of such services
251	and commodities who have been determined to be qualified on the
252	basis of technical merit, creative ability, and professional
253	competency. The rules shall only apply to the expenditure of
254	funds donated for promotional services and events. Expenditures
255	of appropriated funds shall be made only in accordance with part
256	I of chapter 287.
257	Section 8.  Section 15.21, Florida Statutes, is amended to
258	read:
259	15.21  Initiative petitions; s. 3, Art. XI, State
260	Constitution.--The Secretary of State shall immediately submit
261	an initiative petition to the Attorney General and to the
262	Revenue Estimating Conference if the sponsor has:
263	(1)  Registered as a political committee pursuant to s.
264	106.03;
265	(2)  Submitted the ballot title, substance, and text of the
266	proposed revision or amendment to the Secretary of State
267	pursuant to ss. 100.371 and 101.161; and
268	(3)  Obtained a letter from the Department of State
269	Division of Elections confirming that the sponsor has submitted
270	to the appropriate supervisors for verification, and the
271	supervisors have verified, forms signed and dated equal to 10
272	percent of the number of electors statewide and in at least one-
273	fourth of the congressional districts required by s. 3, Art. XI
274	of the State Constitution.
275	Section 9.  Subsection (1) of section 17.27, Florida
276	Statutes, is amended to read:
277	17.27  Microfilming and destroying records and
278	correspondence.--
279	(1)  The Department of Financial Services may destroy
280	general correspondence files and also any other records which
281	the department may deem no longer necessary to preserve in
282	accordance with retention schedules and destruction notices
283	established under rules of the State Library, Archives, and
284	Records Services Office Division of Library and Information
285	Services, records and information management program, of the
286	Department of State. Such schedules and notices relating to
287	financial records of the department shall be subject to the
288	approval of the Auditor General.
289	Section 10.  Paragraph (f) of subsection (3) of section
290	20.121, Florida Statutes, is amended to read:
291	20.121  Department of Financial Services.--There is created
292	a Department of Financial Services.
293	(3)  FINANCIAL SERVICES COMMISSION.--Effective January 7,
294	2003, there is created within the Department of Financial
295	Services the Financial Services Commission, composed of the
296	Governor, the Attorney General, the Chief Financial Officer, and
297	the Commissioner of Agriculture, which shall for purposes of
298	this section be referred to as the commission.  Commission
299	members shall serve as agency head of the Financial Services
300	Commission. The commission shall be a separate budget entity and
301	shall be exempt from the provisions of s. 20.052. Commission
302	action shall be by majority vote consisting of at least three
303	affirmative votes.  The commission shall not be subject to
304	control, supervision, or direction by the Department of
305	Financial Services in any manner, including purchasing,
306	transactions involving real or personal property, personnel, or
307	budgetary matters.
308	(f)  Records retention schedules.--The commission and the
309	offices may destroy general correspondence files and also any
310	other records that they deem no longer necessary to preserve in
311	accordance with retention schedules and destruction notices
312	established under rules of the State Library, Archives, and
313	Records Services Office Division of Library and Information
314	Services, records and information management program, of the
315	Department of State. Such schedules and notices relating to
316	financial records of the commission and offices shall be subject
317	to the approval of the Auditor General.
318	Section 11.  Paragraph (d) of subsection (3) of section
319	20.23, Florida Statutes, is amended to read:
320	20.23  Department of Transportation.--There is created a
321	Department of Transportation which shall be a decentralized
322	agency.
323	(3)
324	(d)  Other offices may be established in accordance with s.
325	20.04(8)(7). The heads of such offices are exempt from part II
326	of chapter 110. No office or organization shall be created at a
327	level equal to or higher than a division without specific
328	legislative authority.
329	Section 12.  Paragraph (f) of subsection (1) of section
330	23.22, Florida Statutes, is amended to read:
331	23.22  Paperwork reduction; activities of departments.--
332	(1)  In order to reduce the amount of paperwork associated
333	with the collection of information from individuals, private-
334	sector organizations, and local governments and to provide more
335	efficient and effective assistance to such individuals and
336	organizations in completing necessary paperwork required by the
337	government, each department head shall, to the extent feasible:
338	(f)  Collaborate with the State Library, Archives, and
339	Records Services Office Division of Library and Information
340	Services, pursuant to s. 119.09, to identify and index records
341	retention requirements placed on private-sector organizations
342	and local governments in Florida, clarify and reduce the
343	requirements, and educate the affected entities through various
344	communications media, including voice, data, video, radio, and
345	image.
346	Section 13.  Subsections (2) and (4) of section 28.30,
347	Florida Statutes, are amended to read:
348	28.30  Records; destruction; reproduction; electronic
349	recordkeeping.--
350	(2)  The clerk of the circuit court of each county of the
351	state is authorized to destroy and dispose of public records
352	pursuant to the rules adopted by the State Library, Archives,
353	and Records Services Office Division of Library and Information
354	Services of the Department of State pursuant to s. 257.36.
355	(4)  The clerk of the circuit court shall follow procedures
356	for electronic recordkeeping in accordance with rules adopted by
357	the State Library, Archives, and Records Services Office
358	Division of Library and Information Services of the Department
359	of State.
360	Section 14.  Subsection (6) of section 97.021, Florida
361	Statutes, is amended to read:
362	97.021  Definitions.--For the purposes of this code, except
363	where the context clearly indicates otherwise, the term:
364	(6)  "Office Division" means the Division of Elections
365	Office of the Department of State.
366	Section 15.  Effective upon the effective date of section
367	97.026, Florida Statutes, under section 22, chapter 2002-281,
368	Laws of Florida, section 97.026, Florida Statutes, is amended to
369	read:
370	97.026  Forms to be available in alternative formats and
371	via the Internet.--It is the intent of the Legislature that all
372	forms required to be used in chapters 97-106 shall be made
373	available upon request, in alternative formats. Such forms shall
374	include absentee ballots as alternative formats for such ballots
375	become available and the Division of Elections Office is able to
376	certify systems that provide them. Whenever possible, such
377	forms, with the exception of absentee ballots, shall be made
378	available by the Department of State via the Internet. Sections
379	that contain such forms include, but are not limited to, ss.
380	97.051, 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
381	97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
382	101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
383	105.031, 106.023, and 106.087.
384	Section 16.  Subsections (1), (3), and (4) of section
385	97.053, Florida Statutes, are amended to read:
386	97.053  Acceptance of voter registration applications.--
387	(1)  Voter registration applications, changes in
388	registration, and requests for a replacement registration
389	identification card must be accepted in the office of any
390	supervisor, the Elections Office division, a driver license
391	office, a voter registration agency, or an armed forces
392	recruitment office when hand delivered by the applicant or a
393	third party during the hours that office is open or when mailed.
394	(3)  The registration date for a valid initial voter
395	registration application that has been hand delivered is the
396	date when received by a driver license office, a voter
397	registration agency, an armed forces recruitment office, the
398	Elections Office division, or the office of any supervisor in
399	the state.
400	(4)  The registration date for a valid initial voter
401	registration application that has been mailed and bears a clear
402	postmark is the date of the postmark. If an initial voter
403	registration application that has been mailed does not bear a
404	postmark or if the postmark is unclear, the registration date is
405	the date the registration is received by any supervisor or the
406	Elections Office division, unless it is received within 5 days
407	after the closing of the books for an election, excluding
408	Saturdays, Sundays, and legal holidays, in which case the
409	registration date is the book-closing date.
410	Section 17.  Subsection (2) of section 98.081, Florida
411	Statutes, is amended to read:
412	98.081  Names removed from registration books; restrictions
413	on reregistering; recordkeeping; restoration of erroneously or
414	illegally removed names.--
415	(2)  When the name of any elector is removed from the
416	registration books pursuant to s. 98.065, s. 98.075, or s.
417	98.093, the elector's original registration form shall be filed
418	alphabetically in the office of the supervisor. As alternatives,
419	registrations removed from the registration books may be
420	microfilmed and such microfilms substituted for the original
421	registration forms; or, when voter registration information,
422	including the voter's signature, is maintained digitally or on
423	electronic, magnetic, or optic media, such stored information
424	may be substituted for the original registration form. Such
425	microfilms or stored information shall be retained in the
426	custody of the supervisor. In the event the original
427	registration forms are microfilmed or maintained digitally or on
428	electronic or other media, such originals may be destroyed in
429	accordance with the schedule approved by the State Library,
430	Archives, and Records Services Office Bureau of Archives and
431	Records Management of the Division of Library and Information
432	Services of the department.
433	Section 18.  Paragraph (b) of subsection (1) and
434	subsections (2) and (4) of section 98.0979, Florida Statutes,
435	are amended to read:
436	98.0979  Statewide voter registration database open to
437	inspection; copies.--
438	(1)
439	(b)  Within 15 days after a request for voter registration
440	information, the office division or supervisor of elections
441	shall furnish any requested information, excluding only a
442	voter's signature, social security number, and such other
443	information that is by statute specifically made confidential or
444	is exempt from public records requirements.  A request for
445	county information must be made to the supervisor of elections
446	of that county, and a request for multicounty or statewide
447	information must be made to the office division. A supervisor of
448	elections is not responsible for providing any information other
449	than information from the supervisor's own county.
450	(2)  The information provided by the office division or
451	supervisor of elections pursuant to this section shall be
452	furnished only to:
453	(a)  Municipalities;
454	(b)  Other governmental agencies;
455	(c)  Political candidates, for the purpose of furthering
456	their candidacies;
457	(d)  Registered political committees, certified committees
458	of continuous existence, and political parties or officials
459	thereof, for political purposes only; and
460	(e)  Incumbent officeholders, for the purpose of reporting
461	to their constituents.
462	(4)  Any person who acquires a list of registered voters
463	from the office division or supervisor of elections shall take
464	and subscribe to an oath which shall be in substantially the
465	following form:
466
467	I hereby swear (or affirm) that I am a person authorized by
468	s. 98.0979, Florida Statutes, to acquire information on the
469	registered voters of Florida; that the information acquired will
470	be used only for the purposes prescribed in that section and for
471	no other purpose; and that I will not permit the use or copying
472	of such information by persons not authorized by the Election
473	Code of the State of Florida.
474	. . . (Signature of person acquiring list) . . .
475
476	Sworn and subscribed before me this ____ day of ________,  . . .
477	(year) . . . .
478	. . . (Name of person providing list) . . .
479	Section 19.  Section 98.101, Florida Statutes, is amended
480	to read:
481	98.101  Specifications for permanent registration binders,
482	files, and forms.--In the permanent registration system, visible
483	record binders, files, and registration forms shall be used as
484	registration books.  The binders shall be visible record
485	binders, metal bound with built-in shifts, to hold executed
486	registration forms, with labelholders and followers for sheet
487	protection as necessary.  The registration forms shall consist
488	of duplicates, both to be signed by the registrant.  One of the
489	original executed forms shall be used for the poll binders,
490	which binders shall have a built-in lock to protect the forms.
491	The poll binders shall be divided in a manner convenient for
492	electors to vote.  The other original form shall be used for the
493	office copies and arranged alphabetically, in suitable filing
494	cabinets, thus providing a master list of all electors in the
495	county; however, any county may, as an alternate method, use
496	electronic data processing equipment to fulfill the requirements
497	of this chapter. As additional alternatives, registration forms
498	used for office copies may be microfilmed and such microfilms
499	substituted for the original registration forms; or, when voter
500	registration information, including the voter's signature, is
501	maintained digitally or on electronic, magnetic, or optic media,
502	such stored information may be substituted for the original
503	registration form. Such microfilms or stored information shall
504	be retained in the custody of the supervisor of elections.  In
505	the event the original registration forms are microfilmed or
506	maintained digitally or on electronic or other media, such
507	originals may be destroyed in accordance with the schedule
508	approved by the State Library, Archives, and Records Services
509	Office Bureau of Archives and Records Management of the Division
510	of Library and Information Services of the Department of State.
511	Section 20.  Section 98.461, Florida Statutes, is amended
512	to read:
513	98.461  Registration form, precinct register; contents.--A
514	registration form, approved by the Department of State,
515	containing the information required in s. 97.052 shall be filed
516	alphabetically in the office of the supervisor as the master
517	list of electors of the county. However, the registration forms
518	may be microfilmed and such microfilms substituted for the
519	original registration forms; or, when voter registration
520	information, including the voter's signature, is maintained
521	digitally or on electronic, magnetic, or optic media, such
522	stored information may be substituted for the original
523	registration form. Such microfilms or stored information shall
524	be retained in the custody of the supervisor of elections. In
525	the event the original registration forms are microfilmed or
526	maintained digitally or on electronic or other media, such
527	originals may be destroyed in accordance with the schedule
528	approved by the State Library, Archives, and Records Services
529	Office Bureau of Archives and Records Management of the Division
530	of Library and Information Services of the Department of State.
531	As an alternative, the information from the registration form,
532	including the signature, may be electronically reproduced and
533	stored as provided in s. 98.451. A computer printout shall be
534	used at the polls as a precinct register in lieu of the
535	registration books. The precinct register shall contain the date
536	of the election, the precinct number, and the following
537	information concerning each registered elector: last name, first
538	name, and middle name or initial; party affiliation; residence
539	address; registration number; date of birth; sex, if provided;
540	race, if provided; whether the voter needs assistance in voting;
541	and such other additional information as to readily identify the
542	elector. The precinct register shall also contain a space for
543	the elector's signature and a space for the initials of the
544	witnessing clerk or inspector.
545	Section 21.  Paragraph (a) of subsection (3) of section
546	99.097, Florida Statutes, is amended to read:
547	99.097  Verification of signatures on petitions.--
548	(3)(a)  A name on a petition, which name is not in
549	substantially the same form as a name on the voter registration
550	books, shall be counted as a valid signature if, after comparing
551	the signature on the petition with the signature of the alleged
552	signer as shown on the registration books, the supervisor
553	determines that the person signing the petition and the person
554	who registered to vote are one and the same.  In any situation
555	in which this code requires the form of the petition to be
556	prescribed by the office division, no signature shall be counted
557	toward the number of signatures required unless it is on a
558	petition form prescribed by the office division.
559	Section 22.  Subsection (4) of section 100.371, Florida
560	Statutes, is amended to read:
561	100.371  Initiatives; procedure for placement on ballot.--
562	(4)  The sponsor shall submit signed and dated forms to the
563	appropriate supervisor of elections for verification as to the
564	number of registered electors whose valid signatures appear
565	thereon. The supervisor shall promptly verify the signatures
566	upon payment of the fee required by s. 99.097. Upon completion
567	of verification, the supervisor shall execute a certificate
568	indicating the total number of signatures checked, the number of
569	signatures verified as valid and as being of registered
570	electors, and the distribution by congressional district. This
571	certificate shall be immediately transmitted to the Secretary of
572	State. The supervisor shall retain the signature forms for at
573	least 1 year following the election in which the issue appeared
574	on the ballot or until the office Division of Elections notifies
575	the supervisors of elections that the committee which circulated
576	the petition is no longer seeking to obtain ballot position.
577	Section 23.  Subsection (7) of section 101.015, Florida
578	Statutes, is amended to read:
579	101.015  Standards for voting systems.--
580	(7)  The office Division of Elections shall review the
581	voting systems certification standards and ensure that new
582	technologies are available for selection by boards of county
583	commissioners which meet the requirements for voting systems and
584	meet user standards. The office Division of Elections shall
585	continuously review the voting systems certification standards
586	to ensure that new technologies are appropriately certified for
587	all elections in a timely manner. The office division shall also
588	develop methods to determine the will of the public with respect
589	to voting systems.
590	Section 24.  Section 101.017, Florida Statutes, is amended
591	to read:
592	101.017  Bureau of Voting systems certification.--The
593	office There is created a Bureau of Voting Systems Certification
594	within the Division of Elections of the Department of State
595	which shall provide technical support to the supervisors of
596	elections and which is responsible for voting system standards
597	and certification.  The positions necessary for the office
598	bureau to accomplish its duties under this section shall be
599	established through the budgetary process.
600	Section 25.  Section 101.293, Florida Statutes, is amended
601	to read:
602	101.293  Competitive sealed bids and proposals required.--
603	(1)  Any purchase of voting equipment, the individual or
604	combined retail value of which is in excess of the threshold
605	amount for CATEGORY TWO purchases provided in s. 287.017, by a
606	governing body shall be by means of competitive sealed bids or
607	competitive sealed proposals from at least two bidders, except
608	under the following conditions:
609	(a)  If a majority of the governing body agrees by vote
610	that an emergency situation exists in regard to the purchase of
611	such equipment to the extent that the potential benefits derived
612	from competitive sealed bids or competitive sealed proposals are
613	outweighed by the detrimental effects of a delay in the
614	acquisition of such equipment; or
615	(b)  If a majority of the governing body finds that there
616	is but a single source from which suitable equipment may be
617	obtained.
618
619	If such conditions are found to exist, the chair of the
620	governing body shall certify to the office Division of Elections
621	the situation and conditions requiring an exception to the
622	competitive sealed bidding and competitive sealed proposal
623	requirements of this section.  Such certification shall be
624	maintained on file by the office division.
625	(2)  The office Division of Elections of the Department of
626	State shall establish bidding procedures for carrying out the
627	provisions and the intent of ss. 101.292-101.295, and each
628	governing body shall follow the procedures so established.
629	Section 26.  Section 101.294, Florida Statutes, is amended
630	to read:
631	101.294  Purchase and sale of voting equipment.--
632	(1)  The office Division of Elections of the Department of
633	State shall adopt uniform rules for the purchase, use, and sale
634	of voting equipment in the state.  No governing body shall
635	purchase or cause to be purchased any voting equipment unless
636	such equipment has been certified for use in this state by the
637	Department of State.
638	(2)  Any governing body contemplating the purchase or sale
639	of voting equipment shall notify the office Division of
640	Elections of such considerations.  The office division shall
641	attempt to coordinate the sale of excess or outmoded equipment
642	by one county with purchases of necessary equipment by other
643	counties.
644	(3)  The office division shall inform the governing bodies
645	of the various counties of the state of the availability of new
646	or used voting equipment and of sources available for obtaining
647	such equipment.
648	Section 27.  Section 101.545, Florida Statutes, is amended
649	to read:
650	101.545  Retention and destruction of certain election
651	materials.--All ballots, forms, and other election materials
652	shall be retained in the custody of the supervisor of elections
653	in accordance with the schedule approved by the State Library,
654	Archives, and Records Services Office Division of Library and
655	Information Services of the Department of State.  All unused
656	ballots, forms, and other election materials may, with the
657	approval of the Department of State, be destroyed by the
658	supervisor after the election for which such ballots, forms, or
659	other election materials were to be used.
660	Section 28.  Subsection (4) of section 101.5608, Florida
661	Statutes, is amended to read:
662	101.5608  Voting by electronic or electromechanical method;
663	procedures.--
664	(4)  In any election in which a write-in candidate has
665	qualified for office, the supervisor of elections shall provide
666	for write-in voting pursuant to rules adopted by the office
667	Division of Elections.
668	Section 29.  Subsection (5) of section 101.5614, Florida
669	Statutes, is amended to read:
670	101.5614  Canvass of returns.--
671	(5)  If any absentee ballot is physically damaged so that
672	it cannot properly be counted by the automatic tabulating
673	equipment, a true duplicate copy shall be made of the damaged
674	ballot in the presence of witnesses and substituted for the
675	damaged ballot. Likewise, a duplicate ballot shall be made of an
676	absentee ballot containing an overvoted race or a marked
677	absentee ballot in which every race is undervoted which shall
678	include all valid votes as determined by the canvassing board
679	based on rules adopted by the office division pursuant to s.
680	102.166(5). All duplicate ballots shall be clearly labeled
681	"duplicate," bear a serial number which shall be recorded on the
682	defective ballot, and be counted in lieu of the defective
683	ballot. After a ballot has been duplicated, the defective ballot
684	shall be placed in an envelope provided for that purpose, and
685	the duplicate ballot shall be tallied with the other ballots for
686	that precinct.
687	Section 30.  Subsection (3) of section 101.694, Florida
688	Statutes, is amended to read:
689	101.694  Mailing of ballots upon receipt of federal
690	postcard application.--
691	(3)  There shall be printed across the face of each
692	envelope in which a ballot is sent to a federal postcard
693	applicant, or is returned by such applicant to the supervisor,
694	two parallel horizontal red bars, each one-quarter inch wide,
695	extending from one side of the envelope to the other side, with
696	an intervening space of one-quarter inch, the top bar to be 1
697	1/4  inches from the top of the envelope, and with the words
698	"Official Election Balloting Material-via Air Mail," or similar
699	language, between the bars. There shall be printed in the upper
700	right corner of each such envelope, in a box, the words "Free of
701	U. S. Postage, including Air Mail."  All printing on the face of
702	each envelope shall be in red, and there shall be printed in red
703	in the upper left corner of each ballot envelope an appropriate
704	inscription or blanks for return address of sender.  Additional
705	specifications may be prescribed by rule of the office Division
706	of Elections upon recommendation of the presidential designee
707	under the Uniformed and Overseas Citizens Absentee Voting Act.
708	Otherwise, the envelopes shall be the same as those used in
709	sending ballots to, or receiving them from, other absentee
710	voters.
711	Section 31.  Subsection (2) of section 101.732, Florida
712	Statutes, is amended to read:
713	101.732  Definitions relating to Elections Emergency
714	Act.--As used in ss. 101.731-101.74:
715	(2)  "Office Division" means the Division of Elections
716	Office of the department of State.
717	Section 32.  Subsection (3) of section 101.733, Florida
718	Statutes, is amended to read:
719	101.733  Election emergency; purpose; elections emergency
720	contingency plan.--Because of the existing and continuing
721	possibility of an emergency or common disaster occurring before
722	or during a regularly scheduled or special election, and in
723	order to ensure maximum citizen participation in the electoral
724	process and provide a safe and orderly procedure for persons
725	seeking to exercise their right to vote, generally to minimize
726	to whatever degree possible a person's exposure to danger during
727	declared states of emergency, and to protect the integrity of
728	the electoral process, it is hereby found and declared to be
729	necessary to designate a procedure for the emergency suspension
730	or delay and rescheduling of elections.
731	(3)  The office Division of Elections of the Department of
732	State shall adopt, by rule, an elections emergency contingency
733	plan, which shall contain goals and policies that give specific
734	direction to state and local elections officials when an
735	election has been suspended or delayed due to an emergency.  The
736	contingency plan shall be statewide in scope and shall address,
737	but not be limited to, the following concerns:
738	(a)  Providing a procedure for state and local elections
739	officials to follow when an election has been suspended or
740	delayed to ensure notice of the suspension or delay to the
741	proper authorities, the electorate, the communications media,
742	poll workers, and the custodians of polling places.
743	(b)  Providing a procedure for the orderly conduct of a
744	rescheduled election, whether municipal, county, district, or
745	statewide in scope; coordinating those efforts with the
746	appropriate elections official, and the members of the governing
747	body holding such election, if appropriate; and working with the
748	appropriate emergency management officials in determining the
749	safety of existing polling places or designating additional
750	polling places.
751	(c)  Providing a procedure for the release and
752	certification of election returns to the department for
753	elections suspended or delayed and subsequently rescheduled
754	under the provisions of ss. 101.731-101.74.
755	Section 33.  Subsection (2) of section 102.111, Florida
756	Statutes, is amended to read:
757	102.111  Elections Canvassing Commission.--
758	(2)  The office Division of Elections shall provide the
759	staff services required by the Elections Canvassing Commission.
760	Section 34.  Subsection (8) of section 102.141, Florida
761	Statutes, is amended to read:
762	102.141  County canvassing board; duties.--
763	(8)  At the same time that the results of an election are
764	certified to the Department of State, the county canvassing
765	board shall file a report with the office Division of Elections
766	on the conduct of the election.  The report shall contain
767	information relating to any problems incurred as a result of
768	equipment malfunctions either at the precinct level or at a
769	counting location, any difficulties or unusual circumstances
770	encountered by an election board or the canvassing board, and
771	any other additional information which the canvassing board
772	feels should be made a part of the official election record.
773	Such reports shall be maintained on file in the office Division
774	of Elections and shall be available for public inspection.  The
775	office division shall use utilize the reports submitted by the
776	canvassing boards to determine what problems may be likely to
777	occur in other elections and disseminate such information, along
778	with possible solutions, to the supervisors of elections.
779	Section 35.  Subsection (1) of section 105.031, Florida
780	Statutes, is amended to read:
781	105.031  Qualification; filing fee; candidate's oath; items
782	required to be filed.--
783	(1)  TIME OF QUALIFYING.--Except for candidates for
784	judicial office, nonpartisan candidates for multicounty office
785	shall qualify with the Division of Elections Office of the
786	Department of State and nonpartisan candidates for countywide or
787	less than countywide office shall qualify with the supervisor of
788	elections. Candidates for judicial office other than the office
789	of county court judge shall qualify with the Division of
790	Elections Office of the Department of State, and candidates for
791	the office of county court judge shall qualify with the
792	supervisor of elections of the county.  Candidates for judicial
793	office shall qualify no earlier than noon of the 120th day, and
794	no later than noon of the 116th day, before the first primary
795	election. Candidates for the office of school board member shall
796	qualify no earlier than noon of the 50th day, and no later than
797	noon of the 46th day, before the first primary election.  Filing
798	shall be on forms provided for that purpose by the Division of
799	Elections Office and furnished by the appropriate qualifying
800	officer. Any person seeking to qualify by the alternative
801	method, as set forth in s. 105.035, if the person has submitted
802	the necessary petitions by the required deadline and is notified
803	after the fifth day prior to the last day for qualifying that
804	the required number of signatures has been obtained, shall be
805	entitled to subscribe to the candidate's oath and file the
806	qualifying papers at any time within 5 days from the date he or
807	she is notified that the necessary number of signatures has been
808	obtained.  Any person other than a write-in candidate who
809	qualifies within the time prescribed in this subsection shall be
810	entitled to have his or her name printed on the ballot.
811	Section 36.  Subsections (1) and (2) and paragraph (a) of
812	subsection (4) of section 105.035, Florida Statutes, are amended
813	to read:
814	105.035  Alternative method of qualifying for certain
815	judicial offices and the office of school board member.--
816	(1)  A person seeking to qualify for election to the office
817	of circuit judge or county court judge or the office of school
818	board member may qualify for election to such office by means of
819	the petitioning process prescribed in this section.  A person
820	qualifying by this alternative method shall not be required to
821	pay the qualifying fee required by this chapter.  A person using
822	this petitioning process shall file an oath with the officer
823	before whom the candidate would qualify for the office stating
824	that he or she intends to qualify by this alternative method for
825	the office sought. Such oath shall be filed at any time after
826	the first Tuesday after the first Monday in January of the year
827	in which the election is held, but prior to the 21st day
828	preceding the first day of the qualifying period for the office
829	sought. The form of such oath shall be prescribed by the
830	Division of Elections Office.  No signatures shall be obtained
831	until the person has filed the oath prescribed in this
832	subsection.
833	(2)  Upon receipt of a written oath from a candidate, the
834	qualifying officer shall provide the candidate with a petition
835	format prescribed by the Division of Elections Office to be used
836	by the candidate to reproduce petitions for circulation.  If the
837	candidate is running for an office which will be grouped on the
838	ballot with two or more similar offices to be filled at the same
839	election, the candidate's petition must indicate, prior to the
840	obtaining of registered electors' signatures, for which group or
841	district office the candidate is running.
842	(4)(a)  Each candidate seeking to qualify for election to
843	the office of circuit judge or the office of school board member
844	from a multicounty school district pursuant to this section
845	shall file a separate petition from each county from which
846	signatures are sought.  Each petition shall be submitted, prior
847	to noon of the 21st day preceding the first day of the
848	qualifying period for the office sought, to the supervisor of
849	elections of the county for which such petition was circulated.
850	Each supervisor of elections to whom a petition is submitted
851	shall check the signatures on the petition to verify their
852	status as electors of that county and of the geographic area
853	represented by the office sought. Prior to the first date for
854	qualifying, the supervisor shall certify the number shown as
855	registered electors and submit such certification to the
856	Division of Elections Office.  The office division shall
857	determine whether the required number of signatures has been
858	obtained for the name of the candidate to be placed on the
859	ballot and shall notify the candidate.  If the required number
860	of signatures has been obtained, the candidate shall, during the
861	time prescribed for qualifying for office, submit a copy of such
862	notice and file his or her qualifying papers and oath prescribed
863	in s. 105.031 with the Division of Elections Office.  Upon
864	receipt of the copy of such notice and qualifying papers, the
865	Elections Office division shall certify the name of the
866	candidate to the appropriate supervisor or supervisors of
867	elections as having qualified for the office sought.
868	Section 37.  Subsection (5) of section 105.036, Florida
869	Statutes, is amended to read:
870	105.036  Initiative for method of selection for circuit or
871	county court judges; procedures for placement on ballot.--
872	(5)  No later than 5 p.m. 151 days prior to the general
873	election at which the proposed judicial selection initiative is
874	to be voted on, the sponsor shall submit signed and dated forms
875	to the appropriate supervisor of elections for verification as
876	to the number of registered electors whose valid signatures
877	appear thereon. The supervisor shall promptly verify the
878	signatures upon payment of the fee or filing of the undue burden
879	oath required by s. 99.097. Verification must be completed at
880	least 91 days prior to the general election. Upon completion of
881	verification, the supervisor shall execute a certificate
882	indicating the total number of signatures checked and the number
883	of signatures verified as valid and as being of registered
884	electors of the applicable county or circuit. This certificate
885	must be immediately transmitted to the Secretary of State for
886	petitions related to the method of selection of circuit court
887	judges. The supervisor must retain the signature forms for at
888	least 1 year following the election in which the issue appeared
889	on the ballot or until the committee that circulated the
890	petition is no longer seeking to obtain ballot position as
891	determined by the office Division of Elections for circuit court
892	petitions or by the supervisor of elections for county court
893	petitions.
894	Section 38.  Paragraph (b) of subsection (2) of section
895	105.041, Florida Statutes, is amended to read:
896	105.041  Form of ballot.--
897	(2)  LISTING OF CANDIDATES.--
898	(b)1.  The names of candidates for the office of circuit
899	judge shall be listed on the first primary ballot in the order
900	determined by lot conducted by the director of the Division of
901	Elections Office of the Department of State after the close of
902	the qualifying period.
903	2.  Candidates who have secured a position on the general
904	election ballot, after having survived elimination at the first
905	primary, shall have their names listed in the same order as on
906	the first primary ballot, notwithstanding the elimination of any
907	intervening names as a result of the first primary.
908	Section 39.  Subsection (12) of section 106.011, Florida
909	Statutes, is amended to read:
910	106.011  Definitions.--As used in this chapter, the
911	following terms have the following meanings unless the context
912	clearly indicates otherwise:
913	(12)  "Office Division" means the Division of Elections
914	Office of the Department of State.
915	Section 40.  Paragraph (a) of subsection (1) of section
916	106.021, Florida Statutes, is amended to read:
917	106.021  Campaign treasurers; deputies; primary and
918	secondary depositories.--
919	(1)(a)  Each candidate for nomination or election to office
920	and each political committee shall appoint a campaign treasurer.
921	Each person who seeks to qualify for nomination or election to,
922	or retention in, office shall appoint a campaign treasurer and
923	designate a primary campaign depository prior to qualifying for
924	office.  Any person who seeks to qualify for election or
925	nomination to any office by means of the petitioning process
926	shall appoint a treasurer and designate a primary depository on
927	or before the date he or she obtains the petitions.  Each
928	candidate shall at the same time he or she designates a campaign
929	depository and appoints a treasurer also designate the office
930	for which he or she is a candidate.  If the candidate is running
931	for an office which will be grouped on the ballot with two or
932	more similar offices to be filled at the same election, the
933	candidate must indicate for which group or district office he or
934	she is running.  Nothing in this subsection shall prohibit a
935	candidate, at a later date, from changing the designation of the
936	office for which he or she is a candidate.  However, if a
937	candidate changes the designated office for which he or she is a
938	candidate, the candidate must notify all contributors in writing
939	of the intent to seek a different office and offer to return pro
940	rata, upon their request, those contributions given in support
941	of the original office sought. This notification shall be given
942	within 15 days after the filing of the change of designation and
943	shall include a standard form developed by the office Division
944	of Elections for requesting the return of contributions.  The
945	notice requirement shall not apply to any change in a numerical
946	designation resulting solely from redistricting.  If, within 30
947	days after being notified by the candidate of the intent to seek
948	a different office, the contributor notifies the candidate in
949	writing that the contributor wishes his or her contribution to
950	be returned, the candidate shall return the contribution, on a
951	pro rata basis, calculated as of the date the change of
952	designation is filed.  Any contributions not requested to be
953	returned within the 30-day period may be used by the candidate
954	for the newly designated office.  No person shall accept any
955	contribution or make any expenditure with a view to bringing
956	about his or her nomination, election, or retention in public
957	office, or authorize another to accept such contributions or
958	make such expenditure on the person's behalf, unless such person
959	has appointed a campaign treasurer and designated a primary
960	campaign depository. A candidate for an office voted upon
961	statewide may appoint not more than 15 deputy campaign
962	treasurers, and any other candidate or political committee may
963	appoint not more than 3 deputy campaign treasurers.  The names
964	and addresses of the campaign treasurer and deputy campaign
965	treasurers so appointed shall be filed with the officer before
966	whom such candidate is required to qualify or with whom such
967	political committee is required to register pursuant to s.
968	106.03.  Each candidate who qualifies with the Department of
969	State for an office not voted upon statewide shall, at the same
970	time, file a copy of the name and address of the campaign
971	treasurer with the supervisor of elections in the county in
972	which the candidate resides.
973	Section 41.  Paragraphs (a) and (d) of subsection (3) and
974	subsection (7) of section 106.03, Florida Statutes, are amended
975	to read:
976	106.03  Registration of political committees.--
977	(3)(a)  A political committee which is organized to support
978	or oppose statewide, legislative, or multicounty candidates or
979	issues to be voted upon on a statewide or multicounty basis
980	shall file a statement of organization with the office Division
981	of Elections.
982	(d)  Any political committee which would be required under
983	this subsection to file a statement of organization in two or
984	more locations by reason of the committee's intention to support
985	or oppose candidates or issues at state or multicounty and local
986	levels of government need file only with the office Division of
987	Elections.
988	(7)  The office Division of Elections shall adopt
989	promulgate rules to prescribe the manner in which inactive
990	committees may be dissolved and have their registration
991	canceled. Such rules shall, at a minimum, provide for:
992	(a)  Notice which shall contain the facts and conduct which
993	warrant the intended action, including but not limited to
994	failure to file reports and limited activity.
995	(b)  Adequate opportunity to respond.
996	(c)  Appeal of the decision to the Florida Elections
997	Commission.  Such appeals shall be exempt from the
998	confidentiality provisions of s. 106.25.
999	Section 42.  Subsections (2), (3), (4), (6), and (7) of
1000	section 106.04, Florida Statutes, are amended to read:
1001	106.04  Committees of continuous existence.--
1002	(2)  Any group, organization, association, or other entity
1003	may seek certification from the Department of State as a
1004	committee of continuous existence by filing an application with
1005	the office Division of Elections on a form provided by the
1006	office division. Such application shall provide the information
1007	required of political committees by s. 106.03(2).  Each
1008	application shall be accompanied by the name and street address
1009	of the principal officer of the applying entity as of the date
1010	of the application; a copy of the charter or bylaws of the
1011	organization; a copy of the dues or assessment schedule of the
1012	organization, or formula by which dues or assessments are
1013	levied; and a complete financial statement or annual audit
1014	summarizing all income received, and all expenses incurred, by
1015	the organization during the 12 months preceding the date of
1016	application.  A membership list shall be made available for
1017	inspection if deemed necessary by the office division.
1018	(3)  If the office Division of Elections finds that an
1019	applying organization meets the criteria for a committee of
1020	continuous existence as provided by subsection (1), it shall
1021	certify such findings and notify the applying organization of
1022	such certification.  If it finds that an applying organization
1023	does not meet the criteria for certification, it shall notify
1024	the organization of such findings and shall state the reasons
1025	why such criteria are not met.
1026	(4)(a)  Each committee of continuous existence shall file
1027	an annual report with the office Division of Elections during
1028	the month of January.  Such annual reports shall contain the
1029	same information and shall be accompanied by the same materials
1030	as original applications filed pursuant to subsection (2).
1031	However, the charter or bylaws need not be filed if the annual
1032	report is accompanied by a sworn statement by the chair that no
1033	changes have been made to such charter or bylaws since the last
1034	filing.
1035	(b)1.  Each committee of continuous existence shall file
1036	regular reports with the office Division of Elections at the
1037	same times and subject to the same filing conditions as are
1038	established by s. 106.07(1) and (2) for candidates' reports.
1039	2.  Any committee of continuous existence failing to so
1040	file a report with the office Division of Elections pursuant to
1041	this paragraph on the designated due date shall be subject to a
1042	fine for late filing as provided by this section.
1043	(c)  All committees of continuous existence shall file the
1044	original and one copy of their reports with the office Division
1045	of Elections.  In addition, a duplicate copy of each report
1046	shall be filed with the supervisor of elections in the county in
1047	which the committee maintains its books and records, except that
1048	if the filing officer to whom the committee is required to
1049	report is located in the same county as the supervisor no such
1050	duplicate report is required to be filed with the supervisor.
1051	Reports shall be on forms provided by the office division and
1052	shall contain the following information:
1053	1.  The full name, address, and occupation of each person
1054	who has made one or more contributions to the committee during
1055	the reporting period, together with the amounts and dates of
1056	such contributions.  For corporations, the report must provide
1057	as clear a description as practicable of the principal type of
1058	business conducted by the corporation.  However, if the
1059	contribution is $100 or less, the occupation of the contributor
1060	or principal type of business need not be listed.  However, for
1061	any contributions which represent the payment of dues by members
1062	in a fixed amount pursuant to the schedule on file with the
1063	office Division of Elections, only the aggregate amount of such
1064	contributions need be listed, together with the number of
1065	members paying such dues and the amount of the membership dues.
1066	2.  The name and address of each political committee or
1067	committee of continuous existence from which the reporting
1068	committee received, or the name and address of each political
1069	committee, committee of continuous existence, or political party
1070	to which it made, any transfer of funds, together with the
1071	amounts and dates of all transfers.
1072	3.  Any other receipt of funds not listed pursuant to
1073	subparagraph 1. or subparagraph 2., including the sources and
1074	amounts of all such funds.
1075	4.  The name and address of, and office sought by, each
1076	candidate to whom the committee has made a contribution during
1077	the reporting period, together with the amount and date of each
1078	contribution.
1079	(d)  The treasurer of each committee shall certify as to
1080	the correctness of each report and shall bear the responsibility
1081	for its accuracy and veracity.  Any treasurer who willfully
1082	certifies to the correctness of a report while knowing that such
1083	report is incorrect, false, or incomplete commits a misdemeanor
1084	of the first degree, punishable as provided in s. 775.082 or s.
1085	775.083.
1086	(6)  All accounts and records of a committee of continuous
1087	existence may be inspected under reasonable circumstances by any
1088	authorized representative of the office Division of Elections or
1089	the Florida Elections Commission.  The right of inspection may
1090	be enforced by appropriate writ issued by any court of competent
1091	jurisdiction.
1092	(7)  If a committee of continuous existence ceases to meet
1093	the criteria prescribed by subsection (1), the office Division
1094	of Elections shall revoke its certification until such time as
1095	the criteria are again met.  The office Division of Elections
1096	shall adopt promulgate rules to prescribe the manner in which
1097	such certification shall be revoked.  Such rules shall, at a
1098	minimum, provide for:
1099	(a)  Notice, which shall contain the facts and conduct that
1100	warrant the intended action.
1101	(b)  Adequate opportunity to respond.
1102	(c)  Appeal of the decision to the Florida Elections
1103	Commission.  Such appeals shall be exempt from the
1104	confidentiality provisions of s. 106.25.
1105	Section 43.  Subsection (2) of section 106.06, Florida
1106	Statutes, is amended to read:
1107	106.06  Treasurer to keep records; inspections.--
1108	(2)  Accounts, including separate interest-bearing accounts
1109	and certificates of deposit, kept by the campaign treasurer of a
1110	candidate or political committee may be inspected under
1111	reasonable circumstances before, during, or after the election
1112	to which the accounts refer by any authorized representative of
1113	the office Division of Elections or the Florida Elections
1114	Commission. The right of inspection may be enforced by
1115	appropriate writ issued by any court of competent jurisdiction.
1116	The campaign treasurer of a political committee supporting a
1117	candidate may be joined with the campaign treasurer of the
1118	candidate as respondent in such a proceeding.
1119	Section 44.  Subsection (6) and paragraph (a) of subsection
1120	(8) of section 106.07, Florida Statutes, are amended to read:
1121	106.07  Reports; certification and filing.--
1122	(6)  The campaign depository shall return all checks drawn
1123	on the account to the campaign treasurer who shall retain the
1124	records pursuant to s. 106.06.  The records maintained by the
1125	depository with respect to such account shall be subject to
1126	inspection by an agent of the office Division of Elections or
1127	the Florida Elections Commission at any time during normal
1128	banking hours, and such depository shall furnish certified
1129	copies of any of such records to the office Division of
1130	Elections or Florida Elections Commission upon request.
1131	(8)(a)  Any candidate or political committee failing to
1132	file a report on the designated due date shall be subject to a
1133	fine as provided in paragraph(b) for each late day, and, in the
1134	case of a candidate, such fine shall be paid only from personal
1135	funds of the candidate.  The fine shall be assessed by the
1136	filing officer and the moneys collected shall be deposited:
1137	1.  In the Elections Commission Trust Fund, in the case of
1138	a candidate for state office or a political committee that
1139	registers with the office Division of Elections; or
1140	2.  In the general revenue fund of the political
1141	subdivision, in the case of a candidate for an office of a
1142	political subdivision or a political committee that registers
1143	with an officer of a political subdivision.
1144
1145	No separate fine shall be assessed for failure to file a copy of
1146	any report required by this section.
1147	Section 45.  Paragraph (a) of subsection (2) of section
1148	106.11, Florida Statutes, is amended to read:
1149	106.11  Expenses of and expenditures by candidates and
1150	political committees.--Each candidate and each political
1151	committee which designates a primary campaign depository
1152	pursuant to s. 106.021(1) shall make expenditures from funds on
1153	deposit in such primary campaign depository only in the
1154	following manner, with the exception of expenditures made from
1155	petty cash funds provided by s. 106.12:
1156	(2)(a)  For purposes of this section, debit cards are
1157	considered bank checks, if:
1158	1.  Debit cards are obtained from the same bank that has
1159	been designated as the candidate's or political committee's
1160	primary campaign depository.
1161	2.  Debit cards are issued in the name of the treasurer,
1162	deputy treasurer, or authorized user and state "Campaign Account
1163	of  . . . (name of candidate or political committee) . . . ."
1164	3.  No more than three debit cards are requested and
1165	issued.
1166	4.  Before a debit card is used, a list of all persons
1167	authorized to use the card is filed with the office division.
1168	5.  All debit cards issued to a candidate's campaign or a
1169	political committee expire no later than midnight of the last
1170	day of the month of the general election.
1171	6.  The person using the debit card does not receive cash
1172	as part of, or independent of, any transaction for goods or
1173	services.
1174	7.  All receipts for debit card transactions contain:
1175	a.  The last four digits of the debit card number.
1176	b.  The exact amount of the expenditure.
1177	c.  The name of the payee.
1178	d.  The signature of the campaign treasurer, deputy
1179	treasurer, or authorized user.
1180	e.  The exact purpose for which the expenditure is
1181	authorized.
1182
1183	Any information required by this subparagraph but not included
1184	on the debit card transaction receipt may be handwritten on, or
1185	attached to, the receipt by the authorized user before
1186	submission to the treasurer.
1187	Section 46.  Paragraph (a) of subsection (7) and subsection
1188	(8) of section 106.141, Florida Statutes, are amended to read:
1189	106.141  Disposition of surplus funds by candidates.--
1190	(7)(a)  Any candidate required to dispose of campaign funds
1191	pursuant to this section shall do so within the time required by
1192	this section and shall, on or before the date by which such
1193	disposition is to have been made, file with the officer with
1194	whom reports are required to be filed pursuant to s. 106.07 a
1195	form prescribed by the office Division of Elections listing:
1196	1.  The name and address of each person or unit of
1197	government to whom any of the funds were distributed and the
1198	amounts thereof;
1199	2.  The name and address of each person to whom an
1200	expenditure was made, together with the amount thereof and
1201	purpose therefor; and
1202	3.  The amount of such funds transferred to an office
1203	account by the candidate, together with the name and address of
1204	the bank in which the office account is located.
1205
1206	Such report shall be signed by the candidate and the campaign
1207	treasurer and certified as true and correct pursuant to s.
1208	106.07.
1209	(8)  Any candidate elected to office who transfers surplus
1210	campaign funds into an office account pursuant to subsection (5)
1211	shall file a report on the 10th day following the end of each
1212	calendar quarter until the account is closed. Such reports shall
1213	contain the name and address of each person to whom any
1214	disbursement of funds was made, together with the amount thereof
1215	and the purpose therefor, and the name and address of any person
1216	from whom the elected candidate received any refund or
1217	reimbursement and the amount thereof.  Such reports shall be on
1218	forms prescribed by the office Division of Elections, signed by
1219	the elected candidate, certified as true and correct, and filed
1220	with the officer with whom campaign reports were filed pursuant
1221	to s. 106.07(2).
1222	Section 47.  Subsections (1) and (3) of section 106.1475,
1223	Florida Statutes, are amended to read:
1224	106.1475  Telephone solicitation; registered agent
1225	requirements; penalty.--
1226	(1)  Any person or organization that conducts any business
1227	in this state which consists of making paid telephone calls
1228	supporting or opposing any candidate or elected public official
1229	must, prior to conducting such business, have and continuously
1230	maintain, for at least 180 days following the cessation of such
1231	business activities in the state, a registered agent for the
1232	purpose of any service of process, notice, or demand required or
1233	authorized by law and must file with the office division a
1234	notice of such registered agent.  Such registered agent must be
1235	an individual who is a resident of this state, a domestic
1236	corporation, or a foreign corporation authorized to do business
1237	in this state.  However, this subsection does not apply to any
1238	person or organization already lawfully registered to conduct
1239	business in this state.
1240	(3)(a)  The office division shall create and maintain forms
1241	for the notice required by subsection (1), which, at a minimum,
1242	must elicit all of the following information:
1243	1.  The name, address, and telephone number of the
1244	registered agent.
1245	2.  The name, address, and telephone number of the person
1246	or organization conducting business in this state as specified
1247	in subsection (1).
1248	(b)  The person or organization conducting business in this
1249	state as specified in subsection (1) must immediately notify the
1250	office division of any changes in the information required in
1251	paragraph(a).
1252	Section 48.  Section 106.22, Florida Statutes, is amended
1253	to read:
1254	106.22  Duties of the Division of Elections Office.--It is
1255	the duty of the Division of Elections Office to:
1256	(1)  Prescribe forms for statements and other information
1257	required to be filed by this chapter.  Such forms shall be
1258	furnished by the Department of State or office of the supervisor
1259	of elections to persons required to file such statements and
1260	information with such agency.
1261	(2)  Prepare and publish manuals or brochures setting forth
1262	recommended uniform methods of bookkeeping and reporting, and
1263	including appropriate portions of the election code, for use by
1264	persons required by this chapter to file statements.
1265	(3)  Develop a filing, coding, and cross-indexing system
1266	consonant with the purposes of this chapter.
1267	(4)  Preserve statements and other information required to
1268	be filed with the office division pursuant to this chapter for a
1269	period of 10 years from date of receipt.
1270	(5)  Prepare and publish such reports as it may deem
1271	appropriate.
1272	(6)  Make, from time to time, audits and field
1273	investigations with respect to reports and statements filed
1274	under the provisions of this chapter and with respect to alleged
1275	failures to file any report or statement required under the
1276	provisions of this chapter.  The office division shall conduct a
1277	postelection audit of the campaign accounts of all candidates
1278	receiving contributions from the Election Campaign Financing
1279	Trust Fund.
1280	(7)  Report to the Florida Elections Commission any failure
1281	to file a report or information required by this chapter or any
1282	apparent violation of this chapter.
1283	(8)  Employ such personnel or contract for such services as
1284	are necessary to adequately carry out the intent of this
1285	chapter.
1286	(9)  Prescribe rules and regulations to carry out the
1287	provisions of this chapter.  Such rules shall be prescribed
1288	pursuant to chapter 120.
1289	(10)  Make an annual report to the President of the Senate
1290	and the Speaker of the House of Representatives concerning
1291	activities of the office division and recommending improvements
1292	in the election code.
1293	(11)  Conduct preliminary investigations into any
1294	irregularities or fraud involving voter registration or voting
1295	and report its findings to the state attorney for the judicial
1296	circuit in which the alleged violation occurred for prosecution,
1297	where warranted. The Department of State may prescribe by rule
1298	requirements for filing a complaint of voter fraud and for
1299	investigating any such complaint.
1300	(12)  Conduct random audits with respect to reports and
1301	statements filed under this chapter and with respect to alleged
1302	failure to file any reports and statements required under this
1303	chapter.
1304	Section 49.  Section 106.23, Florida Statutes, is amended
1305	to read:
1306	106.23  Powers of the Division of Elections Office.--
1307	(1)  In order to carry out the responsibilities prescribed
1308	by s. 106.22, the Division of Elections Office is empowered to
1309	subpoena and bring before its duly authorized representatives
1310	any person in the state, or any person doing business in the
1311	state, or any person who has filed or is required to have filed
1312	any application, document, papers, or other information with an
1313	office or agency of this state or a political subdivision
1314	thereof and to require the production of any papers, books, or
1315	other records relevant to any investigation, including the
1316	records and accounts of any bank or trust company doing business
1317	in this state.  Duly authorized representatives of the office
1318	division are empowered to administer all oaths and affirmations
1319	in the manner prescribed by law to witnesses who shall appear
1320	before them concerning any relevant matter.  Should any witness
1321	fail to respond to the lawful subpoena of the office division
1322	or, having responded, fail to answer all lawful inquiries or to
1323	turn over evidence that has been subpoenaed, the office division
1324	may file a complaint before any circuit court of the state
1325	setting up such failure on the part of the witness.  On the
1326	filing of such complaint, the court shall take jurisdiction of
1327	the witness and the subject matter of said complaint and shall
1328	direct the witness to respond to all lawful questions and to
1329	produce all documentary evidence in the witness's possession
1330	which is lawfully demanded. The failure of any witness to comply
1331	with such order of the court shall constitute a direct and
1332	criminal contempt of court, and the court shall punish said
1333	witness accordingly.  However, the refusal by a witness to
1334	answer inquiries or turn over evidence on the basis that such
1335	testimony or material will tend to incriminate such witness
1336	shall not be deemed refusal to comply with the provisions of
1337	this chapter.
1338	(2)  The office Division of Elections shall provide
1339	advisory opinions when requested by any supervisor of elections,
1340	candidate, local officer having election-related duties,
1341	political party, political committee, committee of continuous
1342	existence, or other person or organization engaged in political
1343	activity, relating to any provisions or possible violations of
1344	Florida election laws with respect to actions such supervisor,
1345	candidate, local officer having election-related duties,
1346	political party, committee, person, or organization has taken or
1347	proposes to take. Requests for advisory opinions must be
1348	submitted in accordance with rules adopted by the Department of
1349	State. A written record of all such opinions issued by the
1350	office division, sequentially numbered, dated, and indexed by
1351	subject matter, shall be retained.  A copy shall be sent to said
1352	person or organization upon request. Any such person or
1353	organization, acting in good faith upon such an advisory
1354	opinion, shall not be subject to any criminal penalty provided
1355	for in this chapter.  The opinion, until amended or revoked,
1356	shall be binding on any person or organization who sought the
1357	opinion or with reference to whom the opinion was sought, unless
1358	material facts were omitted or misstated in the request for the
1359	advisory opinion.
1360	Section 50.  Subsection (6) of section 106.24, Florida
1361	Statutes, is amended to read:
1362	106.24  Florida Elections Commission; membership; powers;
1363	duties.--
1364	(6)  There is hereby established in the State Treasury an
1365	Elections Commission Trust Fund to be used utilized by the
1366	office Division of Elections and the Florida Elections
1367	Commission in order to carry out their duties pursuant to ss.
1368	106.24-106.28.  The trust fund may also be used by the office
1369	division, pursuant to its authority under s. 106.22(11), to
1370	provide rewards for information leading to criminal convictions
1371	related to voter registration fraud, voter fraud, and vote
1372	scams.
1373	Section 51.  Subsections (2) and (4) of section 106.25,
1374	Florida Statutes, are amended to read:
1375	106.25  Reports of alleged violations to Florida Elections
1376	Commission; disposition of findings.--
1377	(2)  The commission shall investigate all violations of
1378	this chapter and chapter 104, but only after having received
1379	either a sworn complaint or information reported to it by the
1380	office Division of Elections. Any person, other than the office
1381	division, having information of any violation of this chapter or
1382	chapter 104 shall file a sworn complaint with the commission.
1383	Such sworn complaint shall state whether a complaint of the same
1384	violation has been made to any state attorney. Within 5 days
1385	after receipt of a sworn complaint, the commission shall
1386	transmit a copy of the complaint to the alleged violator. All
1387	sworn complaints alleging violations of the Florida Election
1388	Code over which the commission has jurisdiction shall be filed
1389	with the commission within 2 years of the alleged violations.
1390	The period of limitations is tolled on the day a sworn complaint
1391	is filed with the commission.
1392	(4)  The commission shall undertake a preliminary
1393	investigation to determine if the facts alleged in a sworn
1394	complaint or a matter initiated by the office division
1395	constitute probable cause to believe that a violation has
1396	occurred.  Upon completion of the preliminary investigation, the
1397	commission shall, by written report, find probable cause or no
1398	probable cause to believe that this chapter or chapter 104 has
1399	been violated.
1400	(a)  If no probable cause is found, the commission shall
1401	dismiss the case and the case shall become a matter of public
1402	record, except as otherwise provided in this section, together
1403	with a written statement of the findings of the preliminary
1404	investigation and a summary of the facts which the commission
1405	shall send to the complainant and the alleged violator.
1406	(b)  If probable cause is found, the commission shall so
1407	notify the complainant and the alleged violator in writing.  All
1408	documents made or received in the disposition of the complaint
1409	shall become public records upon a finding by the commission.
1410
1411	In a case where probable cause is found, the commission shall
1412	make a preliminary determination to consider the matter or to
1413	refer the matter to the state attorney for the judicial circuit
1414	in which the alleged violation occurred.
1415	Section 52.  Subsections (1) and (13) of section 106.26,
1416	Florida Statutes, are amended to read:
1417	106.26  Powers of commission; rights and responsibilities
1418	of parties; findings by commission.--
1419	(1)  The commission shall, pursuant to rules adopted and
1420	published in accordance with chapter 120, consider all sworn
1421	complaints filed with it and all matters reported to it by the
1422	office Division of Elections.  In order to carry out the
1423	responsibilities prescribed by this chapter, the commission is
1424	empowered to subpoena and bring before it, or its duly
1425	authorized representatives, any person in the state, or any
1426	person doing business in the state, or any person who has filed
1427	or is required to have filed any application, document, papers,
1428	or other information with an office or agency of this state or a
1429	political subdivision thereof and to require the production of
1430	any papers, books, or other records relevant to any
1431	investigation, including the records and accounts of any bank or
1432	trust company doing business in this state.  Duly authorized
1433	representatives of the commission are empowered to administer
1434	all oaths and affirmations in the manner prescribed by law to
1435	witnesses who shall appear before them concerning any relevant
1436	matter. Should any witness fail to respond to the lawful
1437	subpoena of the commission or, having responded, fail to answer
1438	all lawful inquiries or to turn over evidence that has been
1439	subpoenaed, the commission may file a complaint before any
1440	circuit court of the state setting up such failure on the part
1441	of the witness.  On the filing of such complaint, the court
1442	shall take jurisdiction of the witness and the subject matter of
1443	said complaint and shall direct the witness to respond to all
1444	lawful questions and to produce all documentary evidence in the
1445	witness's possession which is lawfully demanded. The failure of
1446	any witness to comply with such order of the court shall
1447	constitute a direct and criminal contempt of court, and the
1448	court shall punish said witness accordingly.  However, the
1449	refusal by a witness to answer inquiries or turn over evidence
1450	on the basis that such testimony or material will tend to
1451	incriminate such witness shall not be deemed refusal to comply
1452	with the provisions of this chapter. The sheriffs in the several
1453	counties shall make such service and execute all process or
1454	orders when required by the commission.  Sheriffs shall be paid
1455	for these services by the commission as provided for in s.
1456	30.231. Any person who is served with a subpoena to attend a
1457	hearing of the commission also shall be served with a general
1458	statement informing him or her of the subject matter of the
1459	commission's investigation or inquiry and a notice that he or
1460	she may be accompanied at the hearing by counsel of his or her
1461	own choosing.
1462	(13)  The commission may not issue advisory opinions and
1463	must, in all its deliberations and decisions, adhere to
1464	statutory law and advisory opinions of the office division.
1465	Section 53.  Subsection (1) of section 106.29, Florida
1466	Statutes, is amended to read:
1467	106.29  Reports by political parties; restrictions on
1468	contributions and expenditures; penalties.--
1469	(1)  The state executive committee and each county
1470	executive committee of each political party regulated by chapter
1471	103 shall file regular reports of all contributions received and
1472	all expenditures made by such committee.  Such reports shall
1473	contain the same information as do reports required of
1474	candidates by s. 106.07 and shall be filed on the 10th day
1475	following the end of each calendar quarter, except that, during
1476	the period from the last day for candidate qualifying until the
1477	general election, such reports shall be filed on the Friday
1478	immediately preceding the first primary election, the second
1479	primary election, and the general election.  Each state
1480	executive committee shall file the original and one copy of its
1481	reports with the office Division of Elections.  Each county
1482	executive committee shall file its reports with the supervisor
1483	of elections in the county in which such committee exists.  Any
1484	state or county executive committee failing to file a report on
1485	the designated due date shall be subject to a fine as provided
1486	in subsection (3).  No separate fine shall be assessed for
1487	failure to file a copy of any report required by this section.
1488	Section 54.  Section 106.33, Florida Statutes, is amended
1489	to read:
1490	106.33  Election campaign financing; eligibility.--Each
1491	candidate for the office of Governor or member of the Cabinet
1492	who desires to receive contributions from the Election Campaign
1493	Financing Trust Fund shall, upon qualifying for office, file a
1494	request for such contributions with the filing officer on forms
1495	provided by the office Division of Elections.  If a candidate
1496	requesting contributions from the fund desires to have such
1497	funds distributed by electronic fund transfers, the request
1498	shall include information necessary to implement that procedure.
1499	For the purposes of ss. 106.30-106.36, candidates for Governor
1500	and Lieutenant Governor on the same ticket shall be considered
1501	as a single candidate.  To be eligible to receive contributions
1502	from the fund, a candidate may not be an unopposed candidate as
1503	defined in s. 106.011(15) and must:
1504	(1)  Agree to abide by the expenditure limits provided in
1505	s. 106.34.
1506	(2)(a)  Raise contributions as follows:
1507	1.  One hundred fifty thousand dollars for a candidate for
1508	Governor.
1509	2.  One hundred thousand dollars for a candidate for
1510	Cabinet office.
1511	(b)  Contributions from individuals who at the time of
1512	contributing are not state residents may not be used to meet the
1513	threshold amounts in paragraph (a). For purposes of this
1514	paragraph, any person validly registered to vote in this state
1515	shall be considered a state resident.
1516	(3)  Limit loans or contributions from the candidate's
1517	personal funds to $25,000 and contributions from national,
1518	state, and county executive committees of a political party to
1519	$25,000 in the aggregate, which loans or contributions shall not
1520	qualify for meeting the threshold amounts in subsection (2).
1521	(4)  Submit to a postelection audit of the campaign account
1522	by the office division.
1523	Section 55.  Subsections (1), (3), and (5) of section
1524	106.35, Florida Statutes, are amended to read:
1525	106.35  Distribution of funds.--
1526	(1)  The office division shall review each request for
1527	contributions from the Election Campaign Financing Trust Fund
1528	and certify whether the candidate is eligible for such
1529	contributions. Notice of the certification decision shall be
1530	provided to the candidate.  An adverse decision may be appealed
1531	to the Florida Elections Commission.  The office division shall
1532	adopt rules providing a procedure for such appeals.
1533	(3)(a)  Certification and distribution of funds shall be
1534	based on contributions to the candidate reported to the office
1535	division for such purpose.  The office division shall review
1536	each report and verify the amount of funds to be distributed
1537	prior to authorizing the release of funds.  The office division
1538	may prescribe separate reporting forms for candidates for
1539	Governor and Cabinet officer.
1540	(b)  Notwithstanding the provisions of s. 106.11, a
1541	candidate who is eligible for a distribution of funds based upon
1542	qualifying matching contributions received and certified to the
1543	office division on the report due on the 4th day prior to the
1544	election, may obligate funds not to exceed the amount which the
1545	campaign treasurer's report shows the candidate is eligible to
1546	receive from the Election Campaign Financing Trust Fund without
1547	the funds actually being on deposit in the campaign account.
1548	(5)  The office division shall adopt rules providing for
1549	the weekly reports and certification and distribution of funds
1550	pursuant thereto required by this section. Such rules shall, at
1551	a minimum, provide for:
1552	(a)  Specifications for printed campaign treasurer's
1553	reports outlining the format for such reports, including size of
1554	paper, typeface, color of print, and placement of required
1555	information on the form.
1556	(b)1.  Specifications for electronically transmitted
1557	campaign treasurer's reports outlining communication parameters
1558	and protocol, data record formats, and provisions for ensuring
1559	security of data and transmission.
1560	2.  All electronically transmitted campaign treasurer's
1561	reports must also be filed in printed format.  Printed format
1562	shall not include campaign treasurer's reports submitted by
1563	electronic facsimile transmission.
1564	Section 56.  Paragraph (b) of subsection (2) of section
1565	111.012, Florida Statutes, is amended to read:
1566	111.012  Testimonials for public officers.--
1567	(2)
1568	(b)  Such notice, in the case of a state or multicounty
1569	district officer, shall be filed with the Division of Elections
1570	Office or, in the case of any other public officer, with the
1571	supervisor of elections of the county in which such officer
1572	resides. Such notice shall state the date and place the
1573	testimonial is to be held, the name and address of the person or
1574	persons in charge of the testimonial, the name and address of
1575	the officer in whose honor or on whose behalf the testimonial is
1576	to be held, the purpose for which the testimonial is to be held,
1577	and the purpose for which the funds raised are to be used.
1578	Section 57.  Subsection (4) of section 119.01, Florida
1579	Statutes, is amended to read:
1580	119.01  General state policy on public records.--
1581	(4)  Each agency shall establish a program for the disposal
1582	of records that do not have sufficient legal, fiscal,
1583	administrative, or archival value in accordance with retention
1584	schedules established by the records and information management
1585	program of the State Library, Archives, and Records Services
1586	Office Division of Library and Information Services of the
1587	Department of State.
1588	Section 58.  Subsection (1) of section 119.041, Florida
1589	Statutes, is amended to read:
1590	119.041  Destruction of records regulated.--
1591	(1)  Every public official shall systematically dispose of
1592	records no longer needed, subject to the consent of the records
1593	and information management program of the State Library,
1594	Archives, and Records Services Office Division of Library and
1595	Information Services of the Department of State in accordance
1596	with s. 257.36.
1597	Section 59.  Section 119.05, Florida Statutes, is amended
1598	to read:
1599	119.05  Disposition of records at end of official's
1600	term.--Whoever has the custody of any public records shall, at
1601	the expiration of his or her term of office, deliver to his or
1602	her successor or, if there be none, to the records and
1603	information management program of the State Library, Archives,
1604	and Records Services Office Division of Library and Information
1605	Services of the Department of State all records, books,
1606	writings, letters, and documents kept or received by him or her
1607	in the transaction of official business.
1608	Section 60.  Section 119.09, Florida Statutes, is amended
1609	to read:
1610	119.09  Assistance of the Division of Library and
1611	Information Services, records and information management
1612	program, of the Department of State.--The State Library,
1613	Archives, and Records Services Office Division of Library and
1614	Information Services, records and information management
1615	program, of the Department of State shall have the right to
1616	examine into the condition of public records and shall give
1617	advice and assistance to public officials in the solution of
1618	their problems of preserving, creating, filing, and making
1619	available the public records in their custody.  Public officials
1620	shall assist the office division by preparing an inclusive
1621	inventory of categories of public records in their custody.  The
1622	office division shall establish a time period for the retention
1623	or disposal of each series of records.  Upon the completion of
1624	the inventory and schedule, the office division shall (subject
1625	to the availability of necessary space, staff, and other
1626	facilities for such purposes) make space available in its
1627	records center for the filing of semicurrent records so
1628	scheduled and in its archives for noncurrent records of
1629	permanent value and shall render such other assistance as
1630	needed, including the microfilming of records so scheduled.
1631	Section 61.  Section 119.092, Florida Statutes, is amended
1632	to read:
1633	119.092  Registration by federal employer's registration
1634	number.--Each state agency which registers or licenses
1635	corporations, partnerships, or other business entities shall
1636	include, by July 1, 1978, within its numbering system, the
1637	federal employer's identification number of each corporation,
1638	partnership, or other business entity registered or licensed by
1639	it. Any state agency may maintain a dual numbering system in
1640	which the federal employer's identification number or the state
1641	agency's own number is the primary identification number;
1642	however, the records of such state agency shall be designed in
1643	such a way that the record of any business entity is subject to
1644	direct location by the federal employer's identification number.
1645	The Department of State shall keep a registry of federal
1646	employer's identification numbers of all business entities,
1647	registered with the State Recording Office Division of
1648	Corporations, which registry of numbers may be used by all state
1649	agencies.
1650	Section 62.  Paragraph (a) of subsection (4) of section
1651	120.55, Florida Statutes, is amended to read:
1652	120.55  Publication.--
1653	(4)(a)  Each year the Department of State shall furnish the
1654	Florida Administrative Weekly, without charge and upon request,
1655	as follows:
1656	1.  One subscription to each federal and state court having
1657	jurisdiction over the residents of the state; the Legislative
1658	Library; each state university library; the State Library and
1659	Archives of Florida; each depository library designated pursuant
1660	to s. 257.05; and each standing committee of the Senate and
1661	House of Representatives and each state legislator.
1662	2.  Two subscriptions to each state department.
1663	3.  Three subscriptions to the library of the Supreme Court
1664	of Florida, the library of each state district court of appeal,
1665	the division, the library of the Attorney General, each law
1666	school library in Florida, the Secretary of the Senate, and the
1667	Clerk of the House of Representatives.
1668	4.  Ten subscriptions to the committee.
1669	Section 63.  Subsection (3) of section 145.09, Florida
1670	Statutes, is amended to read:
1671	145.09  Supervisor of elections.--
1672	(3)(a)  There shall be an additional $2,000 per year
1673	special qualification salary for each supervisor of elections
1674	who has met the certification requirements established by the
1675	Division of Elections Office of the Department of State. Any
1676	supervisor who is certified during a calendar year shall receive
1677	in that year a pro rata share of the special qualification
1678	salary based on the remaining period of the year.
1679	(b)  In order to qualify for the special qualification
1680	salary described in paragraph (a), the supervisor must complete
1681	the requirements established by the Division of Elections Office
1682	within 6 years after first taking office.
1683	(c)  After a supervisor meets the requirements of paragraph
1684	(a), in order to remain certified the supervisor shall
1685	thereafter be required to complete each year a course of
1686	continuing education as prescribed by the office division.
1687	Section 64.  Paragraph (a) of subsection (6) of section
1688	193.505, Florida Statutes, is amended to read:
1689	193.505  Assessment of historically significant property
1690	when development rights have been conveyed or historic
1691	preservation restrictions have been covenanted.--
1692	(6)(a)  Improved real property shall be qualified as
1693	historically significant only if:
1694	1.  The property is listed on the national register of
1695	historic places pursuant to the National Historic Preservation
1696	Act of 1966, as amended, 16 U.S.C. s. 470; or is within a
1697	certified locally ordinanced district pursuant to s.
1698	48(g)(3)(B)(ii), Internal Revenue Code; or has been found to be
1699	historically significant in accordance with the intent of and
1700	for purposes of this section by the Department of State Division
1701	of Historical Resources existing under chapter 267, or any
1702	successor agency, or by the historic preservation board existing
1703	under chapter 266, if any, in the jurisdiction of which the
1704	property lies; and
1705	2.  The owner of the property has applied to such
1706	department division or board for qualification pursuant to this
1707	section.
1708	Section 65.  Subsection (6), paragraphs (c) and (d) of
1709	subsection (8), paragraph (b) of subsection (11), and paragraph
1710	(b) of subsection (12) of section 196.1997, Florida Statutes,
1711	are amended to read:
1712	196.1997  Ad valorem tax exemptions for historic
1713	properties.--
1714	(6)  The ordinance shall designate either a local historic
1715	preservation office or the Division of Historical Resources of
1716	the Department of State to review applications for exemptions.
1717	The local historic preservation office or the Department of
1718	State division, whichever is applicable, must recommend that the
1719	board of county commissioners or the governing authority of the
1720	municipality grant or deny the exemption.  Such reviews must be
1721	conducted in accordance with rules adopted by the Department of
1722	State.  The recommendation, and the reasons therefor, must be
1723	provided to the applicant and to the governing entity before
1724	consideration of the application at an official meeting of the
1725	governing entity.  For the purposes of this section, local
1726	historic preservation offices must be approved and certified by
1727	the Department of State.
1728	(8)  Any person, firm, or corporation that desires an ad
1729	valorem tax exemption for the improvement of a historic property
1730	must, in the year the exemption is desired to take effect, file
1731	with the board of county commissioners or the governing
1732	authority of the municipality a written application on a form
1733	prescribed by the Department of State.  The application must
1734	include the following information:
1735	(c)  Proof, to the satisfaction of the designated local
1736	historic preservation office or the Department of State Division
1737	of Historical Resources, whichever is applicable, that the
1738	property that is to be rehabilitated or renovated is a historic
1739	property under this section.
1740	(d)  Proof, to the satisfaction of the designated local
1741	historic preservation office or the Department of State Division
1742	of Historical Resources, whichever is applicable, that the
1743	improvements to the property will be consistent with the United
1744	States Secretary of Interior's Standards for Rehabilitation and
1745	will be made in accordance with guidelines developed by the
1746	Department of State.
1747	(11)  Property is qualified for an exemption under this
1748	section if:
1749	(b)  The local historic preservation office or the
1750	Department of State Division of Historical Resources, whichever
1751	is applicable, has certified to the local governing authority
1752	that the property for which an exemption is requested satisfies
1753	paragraph (a).
1754	(12)  In order for an improvement to a historic property to
1755	qualify the property for an exemption, the improvement must:
1756	(b)  Be determined by the Department of State Division of
1757	Historical Resources or the local historic preservation office,
1758	whichever is applicable, to meet criteria established in rules
1759	adopted by the Department of State.
1760	Section 66.  Subsection (2) of section 196.1998, Florida
1761	Statutes, is amended to read:
1762	196.1998  Additional ad valorem tax exemptions for historic
1763	properties open to the public.--
1764	(2)  In addition to meeting the criteria established in
1765	rules adopted by the Department of State under s. 196.1997, a
1766	historic property is qualified for an exemption under this
1767	section if the Department of State Division of Historical
1768	Resources, or the local historic preservation office, whichever
1769	is applicable, determines that the property meets the criteria
1770	established in rules adopted by the Department of State under
1771	this section.
1772	Section 67.  Subsection (1) of section 205.023, Florida
1773	Statutes, is amended to read:
1774	205.023  Requirement to report status of fictitious name
1775	registration.--As a prerequisite to receiving a local
1776	occupational license under this chapter or transferring a
1777	business license under s. 205.033(2) or s. 205.043(2), the
1778	applicant or new owner must present to the county or
1779	municipality that has jurisdiction to issue or transfer the
1780	license either:
1781	(1)  A copy of the applicant's or new owner's current
1782	fictitious name registration, issued by the State Recording
1783	Office Division of Corporations of the Department of State; or
1784	Section 68.  Paragraph (b) of subsection (7) and subsection
1785	(14) of section 213.053, Florida Statutes, are amended to read:
1786	213.053  Confidentiality and information sharing.--
1787	(7)  Notwithstanding any other provision of this section,
1788	the department may provide:
1789	(b)  Names, addresses, and dates of commencement of
1790	business activities of corporations to the State Recording
1791	Office Division of Corporations of the Department of State in
1792	the conduct of its official duties.
1793
1794	Disclosure of information under this subsection shall be
1795	pursuant to a written agreement between the executive director
1796	and the agency. Such agencies, governmental or nongovernmental,
1797	shall be bound by the same requirements of confidentiality as
1798	the Department of Revenue. Breach of confidentiality is a
1799	misdemeanor of the first degree, punishable as provided by s.
1800	775.082 or s. 775.083.
1801	(14)(a)  Notwithstanding any other provision of this
1802	section, the department shall, subject to the safeguards
1803	specified in paragraph (c), disclose to the State Recording
1804	Office Division of Corporations of the Department of State the
1805	name, address, federal employer identification number, and
1806	duration of tax filings with this state of all corporate or
1807	partnership entities which are not on file or have a dissolved
1808	status with the State Recording Office Division of Corporations
1809	and which have filed tax returns pursuant to either chapter 199
1810	or chapter 220.
1811	(b)  The State Recording Office Division of Corporations
1812	shall use such information only in the pursuit of its official
1813	duties relative to nonqualified foreign or dissolved
1814	corporations in the recovery of fees and penalties due and owing
1815	the state.
1816	(c)  All information exchanged between the State Recording
1817	Office Division of Corporations and the department shall be
1818	subject to the same requirements of confidentiality as the
1819	Department of Revenue.
1820	Section 69.  Subsection (2) of section 213.50, Florida
1821	Statutes, is amended to read:
1822	213.50  Failure to comply; revocation of corporate charter;
1823	refusal to reinstate charter.--
1824	(2)  A request for reinstatement of a corporate charter may
1825	not be granted by the State Recording Office Division of
1826	Corporations of the Department of State if an outstanding tax
1827	warrant has existed for that corporation for more than 3
1828	consecutive months.
1829	Section 70.  Paragraph (q) of subsection (4) of section
1830	215.20, Florida Statutes, is amended to read:
1831	215.20  Certain income and certain trust funds to
1832	contribute to the General Revenue Fund.--
1833	(4)  The income of a revenue nature deposited in the
1834	following described trust funds, by whatever name designated, is
1835	that from which the appropriations authorized by subsection (3)
1836	shall be made:
1837	(q)  Within the Department of State:
1838	1.  The Records Management Trust Fund.
1839	2.  The trust funds administered by the department which
1840	relate to Division of historical resources.
1841
1842	The enumeration of the foregoing moneys or trust funds shall not
1843	prohibit the applicability thereto of s. 215.24 should the
1844	Governor determine that for the reasons mentioned in s. 215.24
1845	the money or trust funds should be exempt herefrom, as it is the
1846	purpose of this law to exempt income from its force and effect
1847	when, by the operation of this law, federal matching funds or
1848	contributions or private grants to any trust fund would be lost
1849	to the state.
1850	Section 71.  Paragraph (e) of subsection (7) of section
1851	253.025, Florida Statutes, is amended to read:
1852	253.025  Acquisition of state lands for purposes other than
1853	preservation, conservation, and recreation.--
1854	(7)
1855	(e)1.  The board of trustees shall adopt by rule the method
1856	for determining the value of parcels sought to be acquired by
1857	state agencies pursuant to this section. No offer by a state
1858	agency, except an offer by an agency acquiring lands pursuant to
1859	s. 259.041, may exceed the value for that parcel as determined
1860	pursuant to the highest approved appraisal or the value
1861	determined pursuant to the rules of the board of trustees,
1862	whichever value is less.
1863	2.  In the case of a joint acquisition by a state agency
1864	and a local government or other entity apart from the state, the
1865	joint purchase price may not exceed 150 percent of the value for
1866	a parcel as determined in accordance with the limits prescribed
1867	in subparagraph 1. The state agency share of a joint purchase
1868	offer may not exceed what the agency may offer singly as
1869	prescribed by subparagraph 1.
1870	3.  The provisions of this paragraph do not apply to the
1871	acquisition of historically unique or significant property as
1872	determined by the Division of Historical Resources of the
1873	Department of State.
1874	Section 72.  Subsection (6) of section 253.027, Florida
1875	Statutes, is amended to read:
1876	253.027  Emergency archaeological property acquisition.--
1877	(6)  INITIATION OF PURCHASE.--The Board of Trustees of the
1878	Internal Improvement Trust Fund shall consider the purchase of
1879	lands pursuant to this section upon its own motion or upon a
1880	written request by any person, corporation, organization, or
1881	agency.  The request shall contain the following information:
1882	(a)  The name, address, and phone number of the person
1883	making the request.
1884	(b)  A legal description of the property, or if one is not
1885	readily available, a physical description sufficient to identify
1886	its general location.
1887	(c)  The name and address of the owner if it is different
1888	from the requester.
1889	(d)  An indication of the owner's willingness to sell.
1890	(e)  A statement showing why the property is in imminent
1891	danger of being destroyed or substantially altered and why state
1892	acquisition is necessary.
1893	(f)  A statement showing why the property is archaeological
1894	property of major statewide significance that meets the criteria
1895	for purchase within the requirements of this section.
1896	(g)  If archaeological resources are sought to be protected
1897	from the result of imminent construction activities, a list of
1898	the local, state, or federal laws that might otherwise be
1899	available to protect the resource, and a short statement of the
1900	reason the laws are not available to protect the resource.
1901
1902	The written request shall be filed with the Division of State
1903	Lands and the Department of State Division of Historical
1904	Resources.  If the director of the either division or the
1905	director's designee or the Secretary of State or the secretary's
1906	designee finds that the request substantially complies with the
1907	requirements of this section, it shall be placed on the next
1908	Board of Trustees of the Internal Improvement Trust Fund agenda
1909	following receipt without the need for notice; provided,
1910	however, that each Cabinet officer shall have received copies of
1911	the request at least 24 hours before the meeting. Should the
1912	Board of Trustees of the Internal Improvement Trust Fund agree
1913	to consider the request, it shall approve a plan for future
1914	actions that may lead to acquisition of the property as soon as
1915	possible thereafter.
1916	Section 73.  Section 257.01, Florida Statutes, is amended
1917	to read:
1918	257.01  State Library and Archives of Florida; creation;
1919	administration.--There is created and established the State
1920	Library and Archives of Florida which shall be located at the
1921	capital.  The State Library and Archives of Florida shall be
1922	administered by the State Library, Archives, and Records
1923	Services Office Division of Library and Information Services of
1924	the Department of State.
1925	Section 74.  Section 257.02, Florida Statutes, is amended
1926	to read:
1927	257.02  State Library Council.--
1928	(1)  There shall be a State Library Council to advise and
1929	assist the State Library, Archives, and Records Services Office
1930	Division of Library and Information Services on its programs and
1931	activities.  The council shall consist of nine seven members who
1932	shall be appointed by the Secretary of State.  At least one
1933	member of the council must represent a Florida library, an
1934	archive, and a records management professional association be a
1935	person who is 60 years of age or older; and at least one member
1936	of the council must be a person who is not, and has never been,
1937	employed in a library or in teaching library science courses.
1938	Members shall be appointed for 4-year terms. A vacancy on the
1939	council shall be filled for the period of the unexpired term. No
1940	person may be appointed to serve more than two consecutive terms
1941	as a member of the council.  The Secretary of State may remove
1942	from office any council member for malfeasance, misfeasance,
1943	neglect of duty, incompetence, permanent inability to perform
1944	official duties, or pleading guilty or nolo contendere to, or
1945	being found guilty of, a felony. In addition to, and at the
1946	request of, the members of the council appointed by the
1947	Secretary of State, the president-elect of the Florida Library
1948	Association may serve as a member of the council in a nonvoting
1949	capacity during his or her term as president-elect.
1950	(2)  Members of the council shall serve without
1951	compensation or honorarium but shall be entitled to receive
1952	reimbursement for per diem and travel expenses as provided in s.
1953	112.061.  The council shall meet at the call of its chair, at
1954	the request of a majority of its membership, at the request of
1955	the Secretary of State division, or at such times as are may be
1956	prescribed by its rules.
1957	(3)  The Secretary of State may, in making appointments,
1958	consult Florida's library, archival, or records management
1959	community the Florida Library Association and related
1960	organizations for suggestions as to persons having special
1961	knowledge and interest concerning libraries.
1962	(4)  The officers of the State Library Council shall be a
1963	chair, elected from the members thereof, and the State
1964	Librarian, who shall serve without voting rights as secretary of
1965	the council.
1966	Section 75.  Section 257.031, Florida Statutes, is amended
1967	to read:
1968	257.031  State Librarian Organization of council;
1969	appointment and duties of State Librarian.--
1970	(1)  The officers of the State Library Council shall be a
1971	chair, elected from the members thereof, and the State
1972	Librarian, who shall serve without voting rights as secretary of
1973	the council.  The State Librarian shall be appointed by the
1974	Secretary of State, shall have completed a library school
1975	program accredited by the American Library Association, and
1976	shall serve as the head director of the State Library, Archives,
1977	and Records Services Office Division of Library and Information
1978	Services of the Department of State.  The Secretary of State
1979	may, in making the appointment of State Librarian, consult the
1980	members of the State Library Council.
1981	(2)  The State Librarian shall:
1982	(a)  Keep a record of the proceedings of the State Library
1983	Council;
1984	(b)  In coordination with established advisory bodies of
1985	the department, recommend to the Secretary of State approval of
1986	the award of library grants under ss. 257.14-257.25 and ss.
1987	257.40-257.42 Keep an accurate account of the financial
1988	transactions of the division;
1989	(c)  Have charge of the work of the State Library,
1990	Archives, and Records Services Office division in organizing new
1991	libraries and improving those already established; and
1992	(d)  In general, perform such duties as may, from time to
1993	time, be assigned to him or her by the Secretary of State; and.
1994	(e)  Manage operations of the library development,
1995	archives, information, and records management programs.
1996	Section 76.  Section 257.04, Florida Statutes, is amended
1997	to read:
1998	257.04  Publications, pictures, and other documents
1999	received to constitute part of State Library and Archives of
2000	Florida; powers and duties of Department of State Division of
2001	Library and Information Services.--
2002	(1)  All books, pictures, documents, publications, and
2003	manuscripts received through gifts, purchase, or exchange, or on
2004	deposit from any source for the use of the state, shall
2005	constitute a part of the State Library and Archives of Florida
2006	and shall be placed therein for the use of the public under the
2007	control of the Division of Library and Information Services of
2008	the Department of State.  The department division may receive
2009	gifts of money, books, or other property which may be used or
2010	held for the purpose or purposes given; and it may purchase
2011	books, periodicals, furniture, and equipment as it deems
2012	necessary to promote the efficient operation of the service it
2013	is expected to render the public.
2014	(2)  The department division may, upon request, give aid
2015	and assistance, financial, advisory, or otherwise, to all
2016	school, state institutional, academic, free, and public
2017	libraries, and to all communities in the state which may propose
2018	to establish libraries, as to the best means of establishing and
2019	administering libraries, selecting and cataloging books, and
2020	other facets of library management.
2021	(3)  The department division shall maintain a library for
2022	state officials and employees, especially of informational
2023	material pertaining to the phases of their work, and provide for
2024	them material for general reading and study.
2025	(4)  The department division shall maintain and provide
2026	research and information services for all state agencies.
2027	(5)  The department division shall make all necessary
2028	arrangements to provide library services to the blind and
2029	physically handicapped persons of the state.
2030	(6)  The department division may issue printed material,
2031	such as lists and circulars of information, and in the
2032	publication thereof may cooperate with state library commissions
2033	and libraries of other states in order to secure the more
2034	economical administration of the work for which it is formed.
2035	It may conduct courses of library instruction and hold
2036	librarians' institutes in various parts of the state.
2037	(7)  The department division shall perform such other
2038	services and engage in any other activity, not contrary to law,
2039	that it may think appropriate in the development of library
2040	service to state government, to the libraries and library
2041	profession of the state, and to the citizens of the state.
2042	Section 77.  Section 257.05, Florida Statutes, is amended
2043	to read:
2044	257.05  Public documents; delivery to, and distribution by,
2045	State Library, Archives, and Records Services Office division.--
2046	(1)  The term "public document" as used in this section
2047	means any document, report, directory, bibliography, rule,
2048	newsletter, pamphlet, brochure, periodical, or other
2049	publication, whether in print or nonprint format, that is paid
2050	for in whole or in part by funds appropriated by the Legislature
2051	and may be subject to distribution to the public; however, the
2052	term excludes publications for internal use by an executive
2053	agency as defined in s. 283.30.
2054	(2)(a)  Each state official, state department, state board,
2055	state court, or state agency issuing public documents shall
2056	furnish the Division of Library and Information Services of the
2057	Department of State 35 copies of each of those public documents,
2058	as issued, for deposit in and distribution by the department
2059	division. However, if the department division so requests, as
2060	many as 15 additional copies of each public document shall be
2061	supplied to it.
2062	(b)  If any state official, state department, state board,
2063	state court, or state agency has fewer than 40 copies of any
2064	public document, it shall supply the department division with 2
2065	copies of each such public document for deposit in the State
2066	Library and Archives of Florida.
2067	(c)  As issued, daily journals and bound journals of each
2068	house of the Legislature; slip laws and bound session laws, both
2069	general and special; and Florida Statutes and supplements
2070	thereto shall be furnished to the department division by the
2071	state official, department, or agency having charge of their
2072	distribution.  The number of copies furnished shall be
2073	determined by requests of the department division, which number
2074	in no case may exceed 35 copies of the particular publication.
2075	(3)  It is the duty of the department division to:
2076	(a)  Designate university, college, and public libraries as
2077	depositories for public documents and to designate certain of
2078	these depositories as regional centers for full collections of
2079	public documents.
2080	(b)  Provide a system of distribution of the copies
2081	furnished to it under subsection (2) to such depositories.
2082	(c)  Publish a periodic bibliography of the publications of
2083	the state.
2084
2085	The department division may exchange copies of public documents
2086	for those of other states, territories, and countries.
2087	Depositories receiving public documents under this section shall
2088	keep them in a convenient form accessible to the public.
2089	Section 78.  Section 257.12, Florida Statutes, is amended
2090	to read:
2091	257.12  Department of State Division of Library and
2092	Information Services authorized to accept and expend federal
2093	funds.--
2094	(1)  The State Library, Archives, and Records Services
2095	Office Division of Library and Information Services of the
2096	Department of State is designated as the state library
2097	administrative agency authorized to accept, receive, administer,
2098	and expend any moneys, materials, or any other aid granted,
2099	appropriated, or made available by the United States or any of
2100	its agencies for the purpose of giving aid to libraries and
2101	providing educational library service in the state.
2102	(2)  The department division is authorized to file any
2103	accounts required by federal law or regulation with reference to
2104	receiving and administering all such moneys, materials, and
2105	other aid for said purposes; provided, however, that the
2106	acceptance of such moneys, materials, and other aid shall not
2107	deprive the state from complete control and supervision of its
2108	library.
2109	Section 79.  Section 257.14, Florida Statutes, is amended
2110	to read:
2111	257.14  Department of State Division of Library and
2112	Information Services; rules.--The Department of State Division
2113	of Library and Information Services has authority to adopt rules
2114	pursuant to ss. 120.536(1) and 120.54 to implement the
2115	provisions of this chapter.
2116	Section 80.  Section 257.15, Florida Statutes, is amended
2117	to read:
2118	257.15  Department of State Division of Library and
2119	Information Services; standards.--The Department of State
2120	Division of Library and Information Services shall establish
2121	reasonable and pertinent operating standards under which
2122	libraries will be eligible to receive state moneys.
2123	Section 81.  Section 257.16, Florida Statutes, is amended
2124	to read:
2125	257.16  Reports.--Any library receiving grants under ss.
2126	257.14-257.25 shall file with the Department of State Division
2127	of Library and Information Services on or before December 1 of
2128	each year a financial report on its operations and furnish the
2129	department division with such other information as the
2130	department requires division may require.
2131	Section 82.  Section 257.171, Florida Statutes, is amended
2132	to read:
2133	257.171  Multicounty libraries.--Units of local government,
2134	as defined in s. 165.031(1), may establish a multicounty
2135	library. The Department of State Division of Library and
2136	Information Services may establish operating standards and rules
2137	under which a multicounty library is eligible to receive state
2138	moneys.  For a multicounty library, a local government may pay
2139	moneys in advance in lump sum from its public funds for the
2140	provision of library services only.
2141	Section 83.  Subsections (1) and (2) of section 257.172,
2142	Florida Statutes, are amended to read:
2143	257.172  Multicounty library grants.--
2144	(1)  The administrative unit of a multicounty library that
2145	serves a population of 50,000 or more, or has three or more
2146	counties, is eligible for an annual grant from the state. The
2147	grant funds are to be used for the support and extension of
2148	library service in participating counties. The grant must be
2149	computed by the department division on a state matching basis up
2150	to $1 million in local expenditures by all participating
2151	counties for operation and maintenance of a library during the
2152	second preceding year. The administrative unit of a multicounty
2153	library with:
2154	(a)  Two participating counties is eligible for a grant
2155	equal to 5 cents on each local dollar of expenditure.
2156	(b)  Three participating counties is eligible for a grant
2157	equal to 10 cents on each local dollar of expenditure.
2158	(c)  Four participating counties is eligible for a grant
2159	equal to 15 cents on each local dollar of expenditure.
2160	(d)  Five participating counties is eligible for a grant
2161	equal to 20 cents on each local dollar of expenditure.
2162	(e)  Six or more participating counties is eligible for a
2163	grant equal to 25 cents on each local dollar of expenditure.
2164	(2)  In addition, the administrative unit of a multicounty
2165	library with three or more participating counties is eligible to
2166	receive a base grant of a minimum of $250,000 to support
2167	multicounty library service. That amount may be adjusted by the
2168	department division based on the percentage change in the state
2169	and local government price deflator for purchases of goods and
2170	services, all items, 1983 equals 100, or successor reports for
2171	the preceding calendar year as initially reported by the Bureau
2172	of Economic Analysis of the United States Department of
2173	Commerce, as certified by the Florida Consensus Estimating
2174	Conference.
2175	Section 84.  Subsection (3) of section 257.18, Florida
2176	Statutes, is amended to read:
2177	257.18  Equalization grants.--
2178	(3)  The Department of State Division of Library and
2179	Information Services shall calculate equalization grants based
2180	on the amount of local funds expended for library service the
2181	second preceding year as certified by the appropriate county
2182	officials and information on the level of assessment of property
2183	in each county and the taxable value of property in each county
2184	as reported by the state agency authorized by law, which shall
2185	certify the results of such determination to the department
2186	division.
2187	Section 85.  Section 257.191, Florida Statutes, is amended
2188	to read:
2189	257.191  Construction grants.--The Department of State
2190	Division of Library and Information Services may accept and
2191	administer library construction moneys appropriated to it and
2192	shall allocate such appropriation to municipal, county, and
2193	regional libraries in the form of library construction grants on
2194	a matching basis. The local matching portion shall be no less
2195	than the grant amount, on a dollar-for-dollar basis, up to the
2196	maximum grant amount, unless the matching requirement is waived
2197	by s. 288.06561. Initiation of a library construction project 12
2198	months or less prior to the grant award under this section shall
2199	not affect the eligibility of an applicant to receive a library
2200	construction grant. The department division shall adopt rules
2201	for the administration of library construction grants. For the
2202	purposes of this section, s. 257.21 does not apply.
2203	Section 86.  Section 257.192, Florida Statutes, is amended
2204	to read:
2205	257.192  Program grants.--The Department of State Division
2206	of Library and Information Services is authorized to accept and
2207	administer appropriations for library program grants and to make
2208	such grants in accordance with the Florida long-range plan
2209	program for library services.
2210	Section 87.  Subsection (4) of section 257.193, Florida
2211	Statutes, is amended to read:
2212	257.193  Community Libraries in Caring Program.--
2213	(4)  Subject to legislative appropriation, the Division of
2214	Library and Information Services within the Department of State
2215	shall administer the program, which shall facilitate the
2216	exchange of ideas and services between libraries in rural
2217	communities and communities in other parts of the state.
2218	Section 88.  Section 257.195, Florida Statutes, is amended
2219	to read:
2220	257.195  Revenue shortfalls; procedures.--In the event of
2221	revenue shortfalls which necessitate budget reductions during
2222	any fiscal year, the total appropriation for library grants from
2223	state sources shall have the same ratable reduction as that
2224	applied to the operating funds of the Department of State
2225	Division of Library and Information Services or such reduction
2226	shall be at the discretion of the Secretary of State.
2227	Section 89.  Section 257.22, Florida Statutes, is amended
2228	to read:
2229	257.22  Department of State Division of Library and
2230	Information Services; allocation of funds.--Any moneys that may
2231	be appropriated for use by a county, a municipality, a special
2232	district, or a special tax district for the maintenance of a
2233	library or library service shall be administered and allocated
2234	by the Department of State Division of Library and Information
2235	Services in the manner prescribed by law. On or before December
2236	1 of each year, the department division shall certify to the
2237	Chief Financial Officer the amount to be paid to each county,
2238	municipality, special district, or special tax district, and the
2239	Chief Financial Officer shall issue warrants to the eligible
2240	political subdivisions.
2241	Section 90.  Section 257.23, Florida Statutes, is amended
2242	to read:
2243	257.23  Application for grant.--The board of county
2244	commissioners of any county, the chief executive officer of a
2245	municipality, or the governing body of a special district or a
2246	special tax district desiring to receive a grant under the
2247	provisions of ss. 257.14-257.25 shall apply therefor to the
2248	Department of State Division of Library and Information Services
2249	on or before October 1 of each year on a form to be provided by
2250	the department division. The application shall be signed by the
2251	chair of the board of county commissioners and attested by the
2252	clerk of the circuit court or the appropriate officer in a
2253	charter county, by the chief executive officer of a municipality
2254	and attested by the clerk of the municipality, or by the chair
2255	of the governing body and attested by the chief financial
2256	officer of a special district or a special tax district. The
2257	county, municipality, special district, or special tax district
2258	shall agree to observe the standards established by the
2259	department division as authorized in s. 257.15. On or before
2260	December 1 each year, the applicant shall certify the annual tax
2261	income and the rate of tax or the annual appropriation for the
2262	free library or free library service, and shall furnish such
2263	other pertinent information as the department requires division
2264	may require.
2265	Section 91.  Section 257.24, Florida Statutes, is amended
2266	to read:
2267	257.24  Use of funds.--State funds allocated to libraries
2268	shall be expended only for library purposes in the manner
2269	prescribed by the Department of State Division of Library and
2270	Information Services.  Such funds shall not be expended for the
2271	purchase or construction of a library building or library
2272	quarters, except such funds specifically appropriated for
2273	construction purposes as provided in this chapter.
2274	Section 92.  Section 257.30, Florida Statutes, is amended
2275	to read:
2276	257.30  State library agency.--As used in the compact,
2277	"state library agency," with reference to this state, means the
2278	Florida State Library and Archives of Florida or an agency
2279	designated by the Secretary of State.
2280	Section 93.  Section 257.34, Florida Statutes, is amended
2281	to read:
2282	257.34  Florida International Archive and Repository.--
2283	(1)  There is created within the State Library, Archives,
2284	and Records Services Office Division of Library and Information
2285	Services of the Department of State the Florida International
2286	Archive and Repository for the preservation of those public
2287	records, as defined in s. 119.011(1), manuscripts, international
2288	judgments involving disputes between domestic and foreign
2289	businesses, and all other public matters that the department or
2290	the Florida Council of International Development deems relevant
2291	to international issues. It is the duty and responsibility of
2292	the department division to:
2293	(a)  Organize and administer the Florida International
2294	Archive and Repository.
2295	(b)  Preserve and administer records that are transferred
2296	to its custody; accept, arrange, and preserve them, according to
2297	approved archival and repository practices; and permit them, at
2298	reasonable times and under the supervision of the department
2299	division, to be inspected, examined, and copied. All public
2300	records transferred to the custody of the department division
2301	are subject to the provisions of s. 119.07(1).
2302	(c)  Assist the records and information management program
2303	in the determination of retention values for records.
2304	(d)  Cooperate with and assist, insofar as practicable,
2305	state institutions, departments, agencies, counties,
2306	municipalities, and individuals engaged in internationally
2307	related activities.
2308	(e)  Provide a public research room where, under rules
2309	established by the department division, the materials in the
2310	international archive and repository may be studied.
2311	(f)  Conduct, promote, and encourage research in
2312	international trade, government, and culture and maintain a
2313	program of information, assistance, coordination, and guidance
2314	for public officials, educational institutions, libraries, the
2315	scholarly community, and the general public engaged in such
2316	research.
2317	(g)  Cooperate with and, insofar as practicable, assist
2318	agencies, libraries, institutions, and individuals in projects
2319	concerned with internationally related issues and preserve
2320	original materials relating to internationally related issues.
2321	(h)  Assist and cooperate with the records and information
2322	management program in the training and information program
2323	described in s. 257.36(1)(g).
2324	(2)  Any agency is authorized and empowered to turn over to
2325	the department division any record no longer in current official
2326	use. The department division may accept such record and provide
2327	for its administration and preservation as provided in this
2328	section and, upon acceptance, be considered the legal custodian
2329	of such record. The department division may direct and effect
2330	the transfer to the archives of any records that are determined
2331	by the department division to have such historical or other
2332	value to warrant their continued preservation or protection,
2333	unless the head of the agency that has custody of the records
2334	certifies in writing to the department division that the records
2335	must be retained in the agency's custody for use in the conduct
2336	of the regular current business of the agency.
2337	(3)  Title to any record transferred to the Florida
2338	International Archive and Repository, as authorized in this
2339	chapter, is vested in the department division.
2340	(4)  The department division shall make certified copies
2341	under seal of any record transferred to it upon the application
2342	of any person, and the certificates shall have the same force
2343	and effect as if made by the agency from which the record was
2344	received. The department division may charge a fee for this
2345	service based upon the cost of service.
2346	(5)  The department division may establish and maintain a
2347	schedule of fees for services that may include, but need not be
2348	limited to, restoration of materials, storage of materials,
2349	special research services, and publications.
2350	(6)  The department division shall establish and maintain a
2351	mechanism by which the information contained within the Florida
2352	International Archive and Repository may be accessed by computer
2353	via the World Wide Web. In doing so, the department division
2354	shall take whatever measures it deems appropriate to ensure the
2355	validity, quality, and safety of the information being accessed.
2356	(7)  The department division shall adopt rules necessary to
2357	implement this section.
2358	(8)  The Florida Council of International Development may
2359	select materials for inclusion in the Florida International
2360	Archive and Repository and shall be consulted closely by the
2361	department division in all matters relating to its establishment
2362	and maintenance.
2363	Section 94.  Section 257.35, Florida Statutes, is amended
2364	to read:
2365	257.35  Florida State Library and Archives of Florida.--
2366	(1)  There is created within the Division of Library and
2367	Information Services of the Department of State the Florida
2368	State Library and Archives of Florida for the preservation of
2369	those public records, as defined in s. 119.011(1), manuscripts,
2370	and other archival material that have been determined by the
2371	department division to have sufficient historical or other value
2372	to warrant their continued preservation and have been accepted
2373	by the department division for deposit in its custody. It is the
2374	duty and responsibility of the department division to:
2375	(a)  Organize and administer the Florida State Library and
2376	Archives of Florida.
2377	(b)  Preserve and administer such records as shall be
2378	transferred to its custody; accept, arrange, and preserve them,
2379	according to approved archival practices; and permit them, at
2380	reasonable times and under the supervision of the department
2381	division, to be inspected, examined, and copied.  All public
2382	records transferred to the custody of the department division
2383	shall be subject to the provisions of s. 119.07(1), except that
2384	any public record or other record provided by law to be
2385	confidential or prohibited from inspection by the public shall
2386	be made accessible only after a period of 50 years from the date
2387	of the creation of the record.  Any nonpublic manuscript or
2388	other archival material which is placed in the keeping of the
2389	department division under special terms and conditions, shall be
2390	made accessible only in accordance with such law terms and
2391	conditions and shall be exempt from the provisions of s.
2392	119.07(1) to the extent necessary to meet the terms and
2393	conditions for a nonpublic manuscript or other archival
2394	material.
2395	(c)  Assist the records and information management program
2396	in the determination of retention values for records.
2397	(d)  Cooperate with and assist insofar as practicable state
2398	institutions, departments, agencies, counties, municipalities,
2399	and individuals engaged in activities in the field of state
2400	archives, manuscripts, and history and accept from any person
2401	any paper, book, record, or similar material which in the
2402	judgment of the department division warrants preservation in the
2403	state archives.
2404	(e)  Provide a public research room where, under rules
2405	established by the department division, the materials in the
2406	state archives may be studied.
2407	(f)  Conduct, promote, and encourage research in Florida
2408	history, government, and culture and maintain a program of
2409	information, assistance, coordination, and guidance for public
2410	officials, educational institutions, libraries, the scholarly
2411	community, and the general public engaged in such research.
2412	(g)  Cooperate with and, insofar as practicable, assist
2413	agencies, libraries, institutions, and individuals in projects
2414	designed to preserve original source materials relating to
2415	Florida history, government, and culture and prepare and publish
2416	handbooks, guides, indexes, and other literature directed toward
2417	encouraging the preservation and use of the state's documentary
2418	resources.
2419	(h)  Encourage and initiate efforts to preserve, collect,
2420	process, transcribe, index, and research the oral history of
2421	Florida government.
2422	(i)  Assist and cooperate with the records and information
2423	management program in the training and information program
2424	described in s. 257.36(1)(g).
2425	(2)  Any agency is authorized and empowered to turn over to
2426	the department division any record no longer in current official
2427	use. The department division, in its discretion, is authorized
2428	to accept such record and, having done so, shall provide for its
2429	administration and preservation as herein provided and, upon
2430	acceptance, shall be considered the legal custodian of such
2431	record.  The department division is empowered to direct and
2432	effect the transfer to the archives of any records that are
2433	determined by the department division to have such historical or
2434	other value to warrant their continued preservation or
2435	protection, unless the head of the agency which has custody of
2436	the records certifies in writing to the department division that
2437	the records shall be retained in the agency's custody for use in
2438	the conduct of the regular current business of the agency.
2439	(3)  Title to any record transferred to the Florida State
2440	Library and Archives of Florida, as authorized in this chapter,
2441	shall be vested in the department division.
2442	(4)  The department division shall make certified copies
2443	under seal of any record transferred to it upon the application
2444	of any person, and said certificates shall have the same force
2445	and effect as if made by the agency from which the record was
2446	received.  The department division may charge a fee for this
2447	service based upon the cost of service.
2448	(5)  The department division may establish and maintain a
2449	schedule of fees for services which shall include, but not be
2450	limited to, restoration of archival materials, storage of
2451	archival materials, special research services, and publications.
2452	(6)  The department division may establish and maintain as
2453	part of the state archives a Florida State Photographic
2454	Collection.  The department division shall:
2455	(a)  Acquire, identify, appraise, arrange, index, restore,
2456	and preserve photographs, motion pictures, drawings, and other
2457	iconographic material considered appropriate for preservation.
2458	(b)  Initiate appropriate action to acquire, identify,
2459	preserve, recover, and restore photographs, motion pictures, and
2460	other iconographic material considered appropriate for
2461	preservation.
2462	(c)  Provide for an index to the historical photographic
2463	holdings of the Florida State Photographic Collection and the
2464	State of Florida.
2465
2466	Any use or reproduction of material deposited with the Florida
2467	State Photographic Collection shall be allowed pursuant to the
2468	provisions of paragraph (1)(b) and subsection (4) provided that
2469	appropriate credit for its use is given.
2470	(7)  The department division shall adopt promulgate such
2471	rules as are necessary to implement the provisions of this act.
2472	Section 95.  Section 257.36, Florida Statutes, is amended
2473	to read:
2474	257.36  Records and information management.--
2475	(1)  There is created within the Division of Library and
2476	Information Services of the Department of State a records and
2477	information management program.  It is the duty and
2478	responsibility of the department division to:
2479	(a)  Establish and administer a records management program
2480	directed to the application of efficient and economical
2481	management methods relating to the creation, utilization,
2482	maintenance, retention, preservation, and disposal of records.
2483	(b)  Establish and operate a records center or centers
2484	primarily for the storage, processing, servicing, and security
2485	of public records that must be retained for varying periods of
2486	time but need not be retained in an agency's office equipment or
2487	space.
2488	(c)  Analyze, develop, establish, and coordinate standards,
2489	procedures, and techniques of recordmaking and recordkeeping.
2490	(d)  Ensure the maintenance and security of records which
2491	are deemed appropriate for preservation.
2492	(e)  Establish safeguards against unauthorized or unlawful
2493	removal or loss of records.
2494	(f)  Initiate appropriate action to recover records removed
2495	unlawfully or without authorization.
2496	(g)  Institute and maintain a training and information
2497	program in:
2498	1.  All phases of records and information management to
2499	bring approved and current practices, methods, procedures, and
2500	devices for the efficient and economical management of records
2501	to the attention of all agencies.
2502	2.  The requirements relating to access to public records
2503	under chapter 119.
2504	(h)  Provide a centralized program of microfilming for the
2505	benefit of all agencies.
2506	(i)  Make continuous surveys of recordkeeping operations.
2507	(j)  Recommend improvements in current records management
2508	practices, including the use of space, equipment, supplies, and
2509	personnel in creating, maintaining, and servicing records.
2510	(k)  Establish and maintain a program in cooperation with
2511	each agency for the selection and preservation of records
2512	considered essential to the operation of government and to the
2513	protection of the rights and privileges of citizens.
2514	(l)  Make, or have made, preservation duplicates, or
2515	designate existing copies as preservation duplicates, to be
2516	preserved in the place and manner of safekeeping as prescribed
2517	by the department division.
2518	(2)(a)  All records transferred to the department division
2519	may be held by it in a records center or centers, to be
2520	designated by it, for such time as in its judgment retention
2521	therein is deemed necessary. At such time as it is established
2522	by the department division, such records as are determined by it
2523	as having historical or other value warranting continued
2524	preservation shall be transferred to the Florida State Library
2525	and Archives of Florida.
2526	(b)  Title to any record detained in any records center
2527	shall remain in the agency transferring such record to the
2528	department division.
2529	(c)  When a record held in a records center is eligible for
2530	destruction, the department division shall notify, in writing,
2531	by certified mail, the agency which transferred the record.  The
2532	agency shall have 90 days from receipt of that notice to respond
2533	requesting continued retention or authorizing destruction or
2534	disposal of the record.  If the agency does not respond within
2535	that time, title to the record shall pass to the department
2536	division.
2537	(3)  The department division may charge fees for supplies
2538	and services, including, but not limited to, shipping
2539	containers, pickup, delivery, reference, and storage.  Fees
2540	shall be based upon the actual cost of the supplies and services
2541	and shall be deposited in the Records Management Trust Fund.
2542	(4)  Any preservation duplicate of any record made pursuant
2543	to this chapter shall have the same force and effect for all
2544	purposes as the original record.  A transcript, exemplification,
2545	or certified copy of such preservation duplicate shall be
2546	deemed, for all purposes, to be a transcript, exemplification,
2547	or certified copy of the original record.
2548	(5)  For the purposes of this section, the term "agency"
2549	shall mean any state, county, district, or municipal officer,
2550	department, division, bureau, board, commission, or other
2551	separate unit of government created or established by law.  It
2552	is the duty of each agency to:
2553	(a)  Cooperate with the department division in complying
2554	with the provisions of this chapter and designate a records
2555	management liaison officer.
2556	(b)  Establish and maintain an active and continuing
2557	program for the economical and efficient management of records.
2558	(6)  A public record may be destroyed or otherwise disposed
2559	of only in accordance with retention schedules established by
2560	the department division. The department division shall adopt
2561	reasonable rules not inconsistent with this chapter which shall
2562	be binding on all agencies relating to the destruction and
2563	disposition of records.  Such rules shall provide, but not be
2564	limited to:
2565	(a)  Procedures for complying and submitting to the
2566	department division records-retention schedules.
2567	(b)  Procedures for the physical destruction or other
2568	disposal of records.
2569	(c)  Standards for the reproduction of records for security
2570	or with a view to the disposal of the original record.
2571	Section 96.  Section 257.37, Florida Statutes, is amended
2572	to read:
2573	257.37  Legislative intent.--In enacting this law, the
2574	Legislature is cognizant of the fact that there may be instances
2575	where an agency may be microfilming and destroying public
2576	records or performing other records management programs pursuant
2577	to local or special acts.  The Legislature is further aware that
2578	it may not be possible to implement this chapter in its entirety
2579	immediately upon its enactment, and it is not the legislative
2580	intent by this chapter to disrupt the orderly microfilming and
2581	destruction of public records pursuant to such local or special
2582	acts above referred to, provided that such agencies make no
2583	further disposition of public records without approval of the
2584	Division of Library and Information Services of the Department
2585	of State pursuant to such rules and regulations as it
2586	establishes may establish.
2587	Section 97.  Section 257.375, Florida Statutes, is amended
2588	to read:
2589	257.375  Records Management Trust Fund.--There is hereby
2590	created within the Department of State Division of Library and
2591	Information Services a Records Management Trust Fund which shall
2592	consist of fees collected for records management and archival
2593	services. Funds deposited in the Records Management Trust Fund
2594	shall be used to support the programs of the state archives and
2595	records and information management programs.
2596	Section 98.  Subsections (2) and (3) of section 257.41,
2597	Florida Statutes, are amended to read:
2598	257.41  Library cooperatives; organization; receipt of
2599	state moneys.--
2600	(2)  The Division of Library and Information Services of
2601	the Department of State shall establish operating standards and
2602	rules under which a library cooperative is eligible to receive
2603	state moneys. The division shall issue a certificate to each
2604	library cooperative that meets the standards and rules
2605	established under this subsection.
2606	(3)  A library cooperative that receives state moneys under
2607	ss. 257.40-257.42 shall file with the Department of State
2608	Division of Library and Information Services on or before
2609	December 1 of each year a financial report on its operations and
2610	furnish the department division with such other information as
2611	the department division requires.
2612	Section 99.  Section 257.42, Florida Statutes, is amended
2613	to read:
2614	257.42  Library cooperative grants.--The administrative
2615	unit of a library cooperative is eligible to receive an annual
2616	grant from the state of not more than $400,000 for the purpose
2617	of sharing library resources based upon an annual plan of
2618	service and expenditure and an annually updated 5-year, long-
2619	range plan of cooperative library resource sharing.  Those
2620	plans, which must include a component describing how the
2621	cooperative will share technology and the use of technology,
2622	must be submitted to the Division of Library and Information
2623	Services of the Department of State for evaluation and possible
2624	recommendation for funding in the department's division's
2625	legislative budget request.  Grant funds may not be used to
2626	supplant local funds or other funds.  A library cooperative must
2627	provide from local sources matching cash funds equal to 10
2628	percent of the grant award.
2629	Section 100.  Paragraph (a) of subsection (5) of section
2630	258.007, Florida Statutes, is amended to read:
2631	258.007  Powers of division.--
2632	(5)(a)  The division, in cooperation with the Division of
2633	Historical Resources of the Department of State, is authorized
2634	and empowered to select and designate, within the state park
2635	system, sites of historic interest and value and to erect and
2636	maintain appropriate signs or markers indicating said sites upon
2637	public property as well as upon private property where
2638	permission is obtained.
2639	Section 101.  Paragraph (a) of subsection (7) of section
2640	258.501, Florida Statutes, is amended to read:
2641	258.501  Myakka River; wild and scenic segment.--
2642	(7)  MANAGEMENT COORDINATING COUNCIL.--
2643	(a)  Upon designation, the department shall create a
2644	permanent council to provide interagency and intergovernmental
2645	coordination in the management of the river. The coordinating
2646	council shall be composed of one representative appointed from
2647	each of the following: the department, the Department of
2648	Transportation, the Fish and Wildlife Conservation Commission,
2649	the Department of Community Affairs, the Division of Forestry of
2650	the Department of Agriculture and Consumer Services, the
2651	Division of Historical Resources of the Department of State, the
2652	Tampa Bay Regional Planning Council, the Southwest Florida Water
2653	Management District, the Southwest Florida Regional Planning
2654	Council, Manatee County, Sarasota County, Charlotte County, the
2655	City of Sarasota, the City of North Port, agricultural
2656	interests, environmental organizations, and any others deemed
2657	advisable by the department.
2658	Section 102.  Paragraph (b) of subsection (1) of section
2659	259.035, Florida Statutes, is amended to read:
2660	259.035  Acquisition and Restoration Council.--
2661	(1)  There is created the Acquisition and Restoration
2662	Council.
2663	(b)  The five remaining appointees shall be composed of the
2664	Secretary of Environmental Protection, the director of the
2665	Division of Forestry of the Department of Agriculture and
2666	Consumer Services, the executive director of the Fish and
2667	Wildlife Conservation Commission, the Secretary director of the
2668	Division of Historical Resources of the Department of State, and
2669	the secretary of the Department of Community Affairs, or their
2670	respective designees.
2671	Section 103.  Subsection (1) of section 259.307, Florida
2672	Statutes, is amended to read:
2673	259.037  Land Management Uniform Accounting Council.--
2674	(1)  The Land Management Uniform Accounting Council is
2675	created within the Department of Environmental Protection and
2676	shall consist of the director of the Division of State Lands,
2677	the director of the Division of Recreation and Parks, the
2678	director of the Office of Coastal and Aquatic Managed Areas, and
2679	the director of the Office of Greenways and Trails of the
2680	Department of Environmental Protection; the director of the
2681	Division of Forestry of the Department of Agriculture and
2682	Consumer Services; the executive director of the Fish and
2683	Wildlife Conservation Commission; and the Secretary director of
2684	the Division of Historical Resources of the Department of State,
2685	or their respective designees. Each state agency represented on
2686	the council shall have one vote.  The chair of the council shall
2687	rotate annually in the foregoing order of state agencies. The
2688	agency of the representative serving as chair of the council
2689	shall provide staff support for the council.  The Division of
2690	State Lands shall serve as the recipient of and repository for
2691	the council's documents.  The council shall meet at the request
2692	of the chair.
2693	Section 104.  Paragraph (d) of subsection (1) and paragraph
2694	(l) of subsection (4) of section 260.0142, Florida Statutes, are
2695	amended to read:
2696	260.0142  Florida Greenways and Trails Council;
2697	composition; powers and duties.--
2698	(1)  There is hereby created within the Department of
2699	Environmental Protection the Florida Greenways and Trails
2700	Council which shall advise the department in the execution of
2701	the department's powers and duties under this chapter. The
2702	council shall be composed of 21 members, consisting of:
2703	(d)  The 10 remaining members shall include:
2704	1.  The Secretary of Environmental Protection or a
2705	designee;
2706	2.  The executive director of the Fish and Wildlife
2707	Conservation Commission or a designee;
2708	3.  The Secretary of Community Affairs or a designee;
2709	4.  The Secretary of Transportation or a designee;
2710	5.  The Director of the Division of Forestry of the
2711	Department of Agriculture and Consumer Services or a designee;
2712	6.  The Secretary director of the Division of Historical
2713	Resources of the Department of State or a designee;
2714	7.  A representative of the water management districts who
2715	shall serve for 1 year.  Membership on the council shall rotate
2716	among the five districts. The districts shall determine the
2717	order of rotation;
2718	8.  A representative of a federal land management agency.
2719	The Secretary of Environmental Protection shall identify the
2720	appropriate federal agency and request designation of a
2721	representative from the agency to serve on the council;
2722	9.  A representative of the regional planning councils to
2723	be appointed by the Secretary of Environmental Protection, in
2724	consultation with the Secretary of Community Affairs, for a
2725	single 2-year term.  The representative shall not be selected
2726	from the same regional planning council for successive terms;
2727	and
2728	10.  A representative of local governments to be appointed
2729	by the Secretary of Environmental Protection, in consultation
2730	with the Secretary of Community Affairs, for a single 2-year
2731	term.  Membership shall alternate between a county
2732	representative and a municipal representative.
2733	(4)  The duties of the council shall include, but not be
2734	limited to, the following:
2735	(l)  Advise the Land Acquisition and Management Advisory
2736	Council or its successor to ensure the incorporation of
2737	greenways and trails in land management plans on lands managed
2738	by the Department of Environmental Protection, the Fish and
2739	Wildlife Conservation Commission, the Division of Historical
2740	Resources of the Department of State, and the Division of
2741	Forestry of the Department of Agriculture and Consumer Services;
2742	Section 105.  Section 265.283, Florida Statutes, is amended
2743	to read:
2744	265.283  Definitions relating to Florida Fine Arts Act of
2745	1980.--The following definitions shall apply to ss. 265.281-
2746	265.281-265.286:
2747	(1)  "Council" means the Florida Arts Council.
2748	(2)  "Department" means the Department of State.
2749	(3)  "Director" means the Director of the Division of
2750	Cultural Affairs of the Department of State.
2751	(4)  "Division" means the Division of Cultural Affairs of
2752	the Department of State.
2753	(3)(5)  "Panel" means a grant review panel.
2754	(4)(6)  "Secretary" means the Secretary of State.
2755	(5)(7)  "The arts" means any and all artistic disciplines,
2756	which include, but are not limited to, music, dance, drama,
2757	theater programs, creative writing, literature, architecture,
2758	painting, sculpture, folk arts, photography, crafts, and public
2759	media, and the execution and exhibition of other such allied,
2760	major art forms.
2761	Section 106.  Section 265.284, Florida Statutes, is amended
2762	to read:
2763	265.284  Chief cultural officer; director of division;
2764	powers and duties.--
2765	(1)  The Secretary of State is the shall be chief cultural
2766	officer of the state.
2767	(2)  The Division of Cultural Affairs of the Department of
2768	State shall be headed by a director who shall serve at the
2769	pleasure of the Secretary of State.
2770	(2)(3)  The department Division of Cultural Affairs shall
2771	have direct administrative authority and responsibility for all
2772	of the programs authorized by this act.  In furtherance thereof,
2773	the department division shall have the authority to:
2774	(a)  Accept and administer state and federal funds provided
2775	for the fine arts, the grants, and any program authorized by
2776	this act.
2777	(b)  Subject to the approval of the Secretary of State,
2778	enter into such contracts with any person, firm, performing arts
2779	company, educational institution, arts organization,
2780	corporation, or governmental agency as may be necessary or
2781	advisable to carry out its functions under this act. Contracts
2782	administered under s. 265.606 shall require the local sponsoring
2783	organization to submit to the department an annual postaudit of
2784	its financial accounts conducted by an independent certified
2785	public accountant. Contracts administered under ss. 265.701 and
2786	265.702 shall require the recordation of a restrictive covenant
2787	by the grantee and property owner or the purchase of a bond as
2788	prescribed by rule to ensure that the facility continues to be
2789	used as a cultural facility for a period of 10 years following
2790	the grant award. If the facility ceases to be used as a cultural
2791	facility during the 10 years following the grant award, the
2792	grant funds shall be repaid to the department according to an
2793	amortization schedule set forth in rule.
2794	(c)  Seek, and help assure, a uniformity of artwork within
2795	state buildings and review all art content of existing public
2796	buildings or buildings of state ownership for the purpose of
2797	making recommendations to the Department of Management Services
2798	as to matters of installation, relocation, restoration, removal,
2799	or any other disposition of such works of art.
2800	(d)  On request, or at its own initiative, consult with and
2801	advise other individuals, groups, organizations, or state
2802	agencies and officials, particularly the Governor and the
2803	Cabinet, concerning the acquisition by gift or purchase of fine
2804	art works, the appropriate use and display of state-owned art
2805	treasures for maximum public benefit, and the suitability of any
2806	structures or fixtures primarily intended for ornamental or
2807	decorative purposes in public buildings.
2808	(e)  Accept on behalf of the state donations of money,
2809	property, art objects, and antiquities.  Such donations of money
2810	and any cash income that is which may be received by the
2811	department division or that was which were previously received
2812	by the Florida Fine Arts Council from the disposal of any
2813	donations of property, art objects, or antiquities shall be
2814	deposited into a separate trust fund and are hereby appropriated
2815	to the use of the department division for the purposes of this
2816	act.
2817	(3)(4)  There is created the Florida Fine Arts Trust Fund
2818	to be administered by the Department of State for the purposes
2819	set forth by law. The Florida Fine Arts Trust Fund shall consist
2820	of moneys appropriated by the Legislature and moneys contributed
2821	to the fund from any other source.
2822	(4)(5)  The department division is further authorized to:
2823	(a)  Accept and administer moneys appropriated by the
2824	Legislature, and moneys received from the Federal Government or
2825	from other public or private sources, for the development of
2826	nationally recognized Florida performing arts groups through a
2827	state touring program. The department division shall develop and
2828	establish a selection procedure which will ensure maximum
2829	opportunity for selection of and participation by Florida
2830	performing arts groups in the state touring program.
2831	(b)  Sponsor performances and exhibits; promote and
2832	encourage the study and appreciation of fine arts; and collect,
2833	publish, and print pamphlets, papers, newsletters, and other
2834	materials relating to fine arts programs available throughout
2835	the state.
2836	(c)  Conduct and support cultural programs and cultural
2837	exchanges in conjunction with the appropriate state agencies,
2838	including the acceptance of funding, technical assistance, and
2839	other forms of support for such purposes.
2840	(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2841	implement provisions of law conferring duties on it.
2842	(6)  Subject to funding by the Legislature, there are
2843	created the State Orchestra Program, State Dance Program, and
2844	State Opera Program, each to be administered as part of, and
2845	under the direct supervision of, the Division of Cultural
2846	Affairs.
2847	(5)(7)  Notwithstanding any provision of s. 287.022 or s.
2848	287.025(1)(e), the department division may enter into contracts
2849	to insure museum collections, artifacts, relics, and fine arts
2850	to which it holds title.
2851	Section 107.  Paragraph (c) of subsection (1) of section
2852	265.285, Florida Statutes, is amended to read:
2853	265.285  Florida Arts Council; membership, duties.--
2854	(1)
2855	(c)  The Secretary of State may appoint review panels
2856	representing various artistic disciplines to assist the Florida
2857	Arts Council in the grant review process. Review panel members
2858	shall serve for 1-year terms. Each panel shall include
2859	practicing artists or other persons actively involved in the
2860	specific discipline for which the panel is to review grants. The
2861	panels shall review grant applications and make recommendations
2862	to the council concerning the relative merits of the applicants.
2863	The department division shall, by rule, establish criteria for
2864	reviewing grant applications to ensure compliance with
2865	applicable federal and state laws relating to discrimination and
2866	conflicts of interest.
2867	Section 108.  Section 265.286, Florida Statutes, is amended
2868	to read:
2869	265.286  Art grants award by Department of State Division
2870	of Cultural Affairs.--
2871	(1)  Subject to the recommendation of the Florida Arts
2872	Council and to the approval of the Secretary of State, the
2873	department division is authorized to expend appropriated state
2874	and federal funds for art grants.  The department division
2875	shall, by rule, establish criteria for the award of grants,
2876	including criteria relating to artistic quality, creativity,
2877	potential public exposure and benefit, ability to properly
2878	administer grant funds, and such other matters deemed necessary
2879	and appropriate to further the purposes of this act.  The
2880	department division shall expend all funds in accordance with
2881	state law and shall use such appropriations to supplement the
2882	financial support of:
2883	(a)  Programs which have substantial artistic and cultural
2884	significance, giving emphasis to American creativity and the
2885	maintenance and encouragement of professional excellence.
2886	(b)  Programs meeting professional standards or standards
2887	of authenticity, irrespective of origin, which programs are of
2888	significant merit and which, without such assistance, would
2889	otherwise be unavailable to the citizens of this state.
2890	(2)  Grants shall be made by contract with any nonprofit
2891	corporation, local or state governmental entity, or artist
2892	engaged in or concerned with the arts.  Of the total amount of
2893	funds available from all sources for art grants, 70 percent of
2894	such funds shall be awarded on a 50-percent matching basis.  Up
2895	to 30 percent of such funds available may be awarded on a
2896	nonmatching basis, including individual fellowships.
2897	(3)  In administering grants, contracts, and funds
2898	appropriated for arts programs, the department division may
2899	release moneys in advance on a quarterly basis.  By the end of
2900	the contract period, the grantee or contractee shall furnish to
2901	the department division a complete and accurate accounting of
2902	how all state funds were expended. Postaudits to be conducted by
2903	an independent certified public accountant may be required in
2904	accordance with rules adopted by the department division.
2905	(4)  The department division is authorized to develop and
2906	conduct a challenge grant program available to cultural
2907	institutions or groups of institutions that have local,
2908	regional, or statewide impact. Challenge grants shall be made
2909	for not less than $10,000; and matching moneys must be on at
2910	least a basis of 1 to 1 for local projects, 2 to 1 for regional
2911	projects, and 3 to 1 for state or capital projects, with the
2912	institution providing the higher amount in the ratio.  The
2913	department division shall by rule establish the specific
2914	eligibility and matching criteria for such grants. Separate
2915	funding for this program shall be provided by the Legislature.
2916	(5)  The department division shall not award any new grant
2917	which will, in whole or in part, inure to the personal benefit
2918	of any council or review panel member during that member's term
2919	of office if the council or panel member participated in the
2920	vote of the council or panel recommending the award.  This
2921	subsection shall not prohibit the department division from
2922	awarding a grant to an entity with which a council or panel
2923	member is associated.
2924	(6)  The department division shall by rule provide for
2925	separate consideration of grant applications of state-supported
2926	institutions from those of private institutions and individuals.
2927	Section 109.  Paragraphs (b), (c), and (d) of subsection
2928	(2) of section 265.2861, Florida Statutes, are amended to read:
2929	265.2861  Cultural Institutions Program; trust fund.--
2930	(2)  CULTURAL INSTITUTIONS PROGRAM.--
2931	(b)  The Department of State shall establish, by rule,
2932	criteria for the award of grants to cultural organizations,
2933	including criteria relating to program quality, potential public
2934	exposure and benefit, fiscal stability, ability to properly
2935	administer grant funds, procedures for peer evaluation, and
2936	other matters deemed necessary and appropriate to further the
2937	purposes of this section. The department Division of Cultural
2938	Affairs shall award grants to supplement the financial support
2939	of cultural organizations that have displayed a sustained
2940	commitment to cultural excellence and to recognize organizations
2941	for superior cultural contributions that have regional or
2942	statewide impact.
2943	(c)  Cultural organizations shall receive funding by the
2944	department Division of Cultural Affairs from the Cultural
2945	Institutions Trust Fund or as otherwise provided by the
2946	Legislature.
2947	(d)1.  Upon appropriation by the Legislature of funds for
2948	the Cultural Institutions Program, the Department of State shall
2949	execute a contract with each organization, which must contain
2950	information relative to the program, the projected operating
2951	income and expenses, and other provisions deemed necessary by
2952	the department for the administration of the program.
2953	2.  Each recipient organization must submit an annual
2954	report to the department Division of Cultural Affairs detailing
2955	the expenditure of funds and is subject to the auditing
2956	provisions and rules of the department division.
2957	Section 110.  Section 265.2862, Florida Statutes, is
2958	amended to read:
2959	265.2862  General support program for cultural
2960	institutions.--The Division of Cultural Affairs of the
2961	Department of State shall develop and conduct a general support
2962	program designed to supplement the financial support of cultural
2963	organizations that have a sustained commitment to cultural
2964	excellence and to recognize organizations for superior cultural
2965	contributions that have regional or statewide impact.  The
2966	department division shall establish, by rule, criteria for
2967	awarding grants to the cultural organizations. The rules must
2968	include, but need not be limited to, criteria relating to
2969	program quality, potential public exposure and benefit, fiscal
2970	stability, ability to properly administer grant funds, and
2971	procedures for a peer evaluation process.
2972	Section 111.  Subsections (4) and (6) of section 265.2865,
2973	Florida Statutes, are amended to read:
2974	265.2865  Florida Artists Hall of Fame.--
2975	(4)  In the first year, the Secretary of State shall name
2976	no more than 12 members to the Florida Artists Hall of Fame.
2977	Thereafter, The Secretary of State shall name no more than four
2978	members to the Florida Artists Hall of Fame in any 1 year.
2979	(6)  The Division of Cultural Affairs of the Department of
2980	State shall adopt rules necessary to carry out the purposes of
2981	this section, including, but not limited to, procedures for
2982	accepting nominations to, making recommendations for, selecting
2983	members of the Florida Artists Hall of Fame, and providing
2984	travel expenses for such recipients.  Notwithstanding the
2985	provisions of s. 112.061, the Secretary of State may approve
2986	first-class travel accommodations for recipients of the Florida
2987	Artists Hall of Fame award and their representatives for health
2988	or security purposes.
2989	Section 112.  Section 265.603, Florida Statutes, is amended
2990	to read:
2991	265.603  Definitions relating to Cultural Endowment
2992	Program.--The following terms and phrases when used in ss.
2993	265.601-265.607 shall have the meaning ascribed to them in this
2994	section, except where the context clearly indicates a different
2995	meaning:
2996	(1)  "Department" means the Department of State.
2997	(2)  "Division" means the Division of Cultural Affairs of
2998	the Department of State.
2999	(2)(3)  "Cultural" means the disciplines of dance, music,
3000	theater, visual arts, literature, media arts, interdisciplinary
3001	and multidisciplinary, and programs of museums.
3002	(3)(4)  "Secretary" means the Secretary of State.
3003	(4)(5)  "Sponsoring organization" means a cultural
3004	organization which:
3005	(a)  Is designated as not for profit pursuant to s.
3006	501(c)(3) or (4) of the Internal Revenue Code of 1954;
3007	(b)  Is described in, and allowed to receive contributions
3008	pursuant to, the provisions of s. 170 of the Internal Revenue
3009	Code of 1954;
3010	(c)  Is a corporation not for profit incorporated pursuant
3011	to chapter 617; and
3012	(d)  Is primarily and directly responsible for conducting,
3013	creating, producing, presenting, staging, or sponsoring a
3014	cultural exhibit, performance, or event.  This provision
3015	includes museums owned and operated by political subdivisions of
3016	the state, except those constituted pursuant to s. 1004.67.
3017	Section 113.  Paragraph (b) of subsection (4) of section
3018	265.606, Florida Statutes, is amended to read:
3019	265.606  Cultural Endowment Program; administration;
3020	qualifying criteria; matching fund program levels;
3021	distribution.--
3022	(4)  Once the secretary has determined that the sponsoring
3023	organization has complied with the criteria imposed by this
3024	section, he or she may authorize the transfer of the appropriate
3025	state matching funds to the organization. However, the secretary
3026	shall ensure that the local group has made prudent arrangements
3027	for the trusteeship of the entire endowment, and such
3028	trusteeship is hereby created.  The sponsoring organization may
3029	then expend moneys in the endowment program fund, subject to the
3030	following requirements:
3031	(b)  The organization shall annually submit a report to the
3032	department division, in such form as the department division
3033	specifies, explaining how endowment program funds were utilized.
3034	Section 114.  Subsections (1), (4), and (5) of section
3035	265.608, Florida Statutes, are amended to read:
3036	265.608  Science Museum; grants.--
3037	(1)  The Division of Cultural Affairs of the Department of
3038	State is authorized to grant moneys from the Cultural
3039	Institutions Trust Fund, including matching grants to science
3040	museums recommended by the Florida Arts Council and approved by
3041	the Secretary of State. The department division shall, by rule,
3042	establish criteria for awarding grants including criteria based
3043	upon the quality of the proposed grant recipient, the potential
3044	public exposure and public benefit of the exhibits of the
3045	proposed grant recipient, and the ability of the proposed grant
3046	recipient to properly administer grant funds and any other
3047	criteria the department division determines are necessary and
3048	appropriate to further the purposes of this act.  The department
3049	division shall grant moneys from the trust fund in accordance
3050	with state law.
3051	(4)  The Secretary of State may appoint review panels
3052	representing various disciplines to assist the Florida Arts
3053	Council in the grant review process contemplated by this
3054	section. The term of office of each review panel member shall be
3055	1 year. The membership of each panel shall include persons
3056	actively involved in the specific discipline for which the
3057	respective panel is to review grants.  Members of the panels
3058	shall not receive any compensation for their services, but shall
3059	be reimbursed for travel and expenses incurred in the
3060	performance of their duties, as provided in s. 112.061.  The
3061	panels shall review grant applications and make recommendations
3062	to the council concerning the relative merits of the applicants.
3063	The department division shall by rule establish criteria for
3064	reviewing grant applications to ensure compliance with
3065	applicable state laws relating to nondiscrimination and
3066	prohibited conflicts of interest.
3067	(5)  The department division may grant moneys quarterly
3068	from the trust fund to science museums in advance of an exhibit
3069	or program for which the moneys are granted, pursuant to a grant
3070	agreement or a contract.  Before the end of the contract period,
3071	the grant recipient shall file with the department division a
3072	complete accounting of all moneys received from the trust fund.
3073	The department division may adopt rules requiring a postaudit
3074	of such accounting to be conducted by an independent certified
3075	public accountant.
3076	Section 115.  Subsections (1), (4), and (5) of section
3077	265.609, Florida Statutes, are amended to read:
3078	265.609  Youth and Children's Museum; grants.--
3079	(1)  The Division of Cultural Affairs of the Department of
3080	State is authorized to grant moneys from the Cultural
3081	Institutions Trust Fund, including matching grants, to youth and
3082	children's museums recommended by the Florida Arts Council and
3083	approved by the Secretary of State.  The department division
3084	shall, by rule, establish criteria for awarding grants,
3085	including criteria based upon the quality of the proposed grant
3086	recipient, the potential public exposure and public benefit of
3087	the exhibits of the proposed grant recipient, and the ability of
3088	the proposed grant recipient to properly administer grant funds,
3089	and any other criteria the department division determines are
3090	necessary and appropriate to further the purposes of this
3091	section.  The department division shall grant moneys from the
3092	trust fund in accordance with state law.
3093	(4)  The secretary may appoint review panels representing
3094	various disciplines to assist the Florida Arts Council in the
3095	grant review process. Review panel members shall serve for 1-
3096	year terms.  Each panel shall include persons actively involved
3097	in the specific discipline for which the panel is to review
3098	grants.  The panels shall review grant applications and make
3099	recommendations to the council concerning the relative merits of
3100	the applicants. The department division shall, by rule,
3101	establish criteria for reviewing grant applications to ensure
3102	compliance with applicable state laws relating to discrimination
3103	and conflicts of interest.
3104	(5)  The department division may grant moneys quarterly
3105	from the trust fund to youth and children's museums in advance
3106	of an exhibit or program for which the moneys are granted,
3107	pursuant to a grant agreement or a contract.  Before the end of
3108	the contract period, the grant recipient shall file with the
3109	department division a complete accounting of all moneys received
3110	from the trust fund. The department division may adopt rules
3111	requiring a postaudit of such accounting to be conducted by an
3112	independent certified public accountant.
3113	Section 116.  Subsections (1), (3), and (4) of section
3114	265.701, Florida Statutes, are amended to read:
3115	265.701  Cultural facilities; grants for acquisition,
3116	renovation, or construction; funding; approval; allocation.--
3117	(1)  The department Division of Cultural Affairs may accept
3118	and administer moneys appropriated to it for providing grants to
3119	counties, municipalities, and qualifying nonprofit corporations
3120	for the acquisition, renovation, or construction of cultural
3121	facilities.
3122	(3)  The Florida Arts Council shall review each application
3123	for a grant to acquire, renovate, or construct a cultural
3124	facility which is submitted pursuant to subsection (2) and shall
3125	submit annually to the Secretary of State for approval lists of
3126	all applications that are recommended by the council for the
3127	award of grants, arranged in order of priority.  The department
3128	division may allocate grants only for projects that are approved
3129	or for which funds are appropriated by the Legislature.
3130	Projects approved and recommended by the Secretary of State
3131	which are not funded by the Legislature shall be retained on the
3132	project list for the following grant cycle only.  All projects
3133	that are retained shall be required to submit such information
3134	as may be required by the department as of the established
3135	deadline date of the latest grant cycle in order to adequately
3136	reflect the most current status of the project.
3137	(4)  The department Division of Cultural Affairs shall
3138	adopt rules prescribing the criteria to be applied by the
3139	Florida Arts Council in recommending applications for the award
3140	of grants and rules providing for the administration of the
3141	other provisions of this section.
3142	Section 117.  Subsections (1), (4), and (8) of section
3143	265.702, Florida Statutes, are amended to read:
3144	265.702  Regional cultural facilities; grants for
3145	acquisition, renovation, or construction; funding; approval;
3146	allocation.--
3147	(1)  The Division of Cultural Affairs of the Department of
3148	State may accept and administer moneys that are appropriated to
3149	it for providing grants to counties, municipalities, and
3150	qualifying nonprofit corporations for the acquisition,
3151	renovation, or construction of regional cultural facilities.
3152	(4)  The Florida Arts Council shall review each application
3153	for a grant to acquire, renovate, or construct a regional
3154	cultural facility which is submitted under subsection (2) and
3155	shall submit annually to the Secretary of State for approval a
3156	list of all applications received and a list of all projects
3157	that are recommended by the council for the award of grants,
3158	arranged in order of priority. The department division may
3159	allocate grants only for regional cultural facilities that are
3160	approved by the secretary or for which funds are appropriated by
3161	the Legislature. Regional cultural facilities that are approved
3162	and recommended by the Secretary of State but are not funded by
3163	the Legislature shall be retained on the project list for the
3164	following grant cycle only. For each project that is retained,
3165	such information as the department requires must be submitted by
3166	the established deadline date of the latest grant cycle, in
3167	order to adequately reflect the most current status of the
3168	regional cultural facility.
3169	(8)  The department Division of Cultural Affairs may adopt
3170	rules prescribing the criteria to be applied to applications for
3171	grants and rules providing for the administration of this
3172	section.
3173	Section 118.  Subsections (1) and (8) of section 267.021,
3174	Florida Statutes, are amended to read:
3175	267.021  Definitions.--For the purpose of this act, the
3176	term:
3177	(1)  "Department Division" means the Division of Historical
3178	Resources of the Department of State.
3179	(8)  "Official Florida Historical Marker" means any marker,
3180	plaque, or similar device awarded, approved, or administered by
3181	the Department of State Division of Historical Resources for the
3182	purpose of recognizing and informing the general public about
3183	historic properties, persons, events, and other topics relating
3184	to the history and culture of the state.
3185	Section 119.  Section 267.031, Florida Statutes, is amended
3186	to read:
3187	267.031  Department of State Division of Historical
3188	Resources; powers and duties.--
3189	(1)  The department division has authority to adopt rules
3190	pursuant to ss. 120.536(1) and 120.54 to implement provisions of
3191	this chapter conferring duties upon it.
3192	(2)  The department division may make and enter into all
3193	contracts and agreements with other agencies, organizations,
3194	associations, corporations and individuals, or federal agencies
3195	as it may determine are necessary, expedient, or incidental to
3196	the performance of its duties or the execution of its powers
3197	under this chapter.
3198	(3)  The department division may accept gifts, grants,
3199	bequests, loans, and endowments for purposes not inconsistent
3200	with its responsibilities under this chapter.
3201	(4)  All law enforcement agencies and offices are
3202	authorized and directed to assist the department division in
3203	carrying out its duties under this chapter.
3204	(5)  It is the responsibility of the department division
3205	to:
3206	(a)  Cooperate with federal and state agencies, local
3207	governments, and private organizations and individuals to direct
3208	and conduct a comprehensive statewide survey of historic
3209	resources and to maintain an inventory of such resources.
3210	(b)  Develop a comprehensive statewide historic
3211	preservation plan.
3212	(c)  Identify and nominate through the State Historic
3213	Preservation Officer eligible properties to the National
3214	Register of Historic Places and otherwise administer
3215	applications for listing historic properties in the National
3216	Register.
3217	(d)  Cooperate with federal and state agencies, local
3218	governments, and organizations and individuals to ensure that
3219	historic resources are taken into consideration at all levels of
3220	planning and development.
3221	(e)  Advise and assist, as appropriate, federal and state
3222	agencies and local governments in carrying out their historic
3223	preservation responsibilities and programs.
3224	(f)  Provide public information, education, and technical
3225	assistance relating to historic preservation programs.
3226	(g)  Cooperate with local governments and organizations and
3227	individuals in the development of local historic preservation
3228	programs, including the Main Street Program of the National
3229	Trust for Historic Preservation, or any similar programs that
3230	are may be developed by the department division.
3231	(h)  Carry out on behalf of the state the programs of the
3232	National Historic Preservation Act of 1966, as amended, and to
3233	establish, maintain, and administer a state historic
3234	preservation program meeting the requirements of an approved
3235	program and fulfilling the responsibilities of state historic
3236	preservation programs as provided in s. 101(b) of that act.
3237	(i)  Take such other actions necessary or appropriate to
3238	locate, acquire, protect, preserve, operate, interpret, and
3239	promote the location, acquisition, protection, preservation,
3240	operation, and interpretation of historic resources to foster an
3241	appreciation of Florida history and culture. Prior to the
3242	acquisition, preservation, interpretation, or operation of a
3243	historic property by a state agency, the department division
3244	shall be provided a reasonable opportunity to review and comment
3245	on the proposed undertaking and shall determine that there
3246	exists historical authenticity and a feasible means of providing
3247	for the preservation, interpretation, and operation of such
3248	property. Expenditures by the department division to protect or
3249	preserve historic properties leased by the department division
3250	from the Board of Trustees of the Internal Improvement Trust
3251	Fund may be exempt from the competitive bid requirements of
3252	chapters 255 and 287.
3253	(j)  Cooperate and coordinate with the Division of
3254	Recreation and Parks of the Department of Environmental
3255	Protection in the operation and management of historic
3256	properties or resources subject to review under s. 267.061(2) by
3257	the department Division of Historical Resources.
3258	(k)  Establish professional standards for the preservation,
3259	exclusive of acquisition, of historic resources in state
3260	ownership or control.
3261	(l)  Establish guidelines for state agency responsibilities
3262	under s. 267.061(2).
3263	(m)  Establish regional offices for the purpose of
3264	assisting the department division in the delivery of department
3265	historic preservation services to the counties and
3266	municipalities of the state and to the citizens of the State of
3267	Florida. Historic preservation Regional offices may shall be
3268	established, subject to the availability of funds, in St.
3269	Augustine, Tampa, Palm Beach County, and in other areas of the
3270	state which the Secretary of State division deems appropriate.
3271	For each regional office established, the division shall
3272	establish a citizen support organization in accordance with s.
3273	267.17. The board of directors of each citizen support
3274	organization shall be appointed by the Secretary of State.
3275	(n)  Establish and maintain a central inventory of historic
3276	properties for the state which shall consist of all such
3277	properties as may be reported to the department division.  This
3278	inventory shall be known as the Florida Master Site File.
3279	(o)  Protect and administer historical resources abandoned
3280	on state-owned lands or on state-owned sovereignty submerged
3281	lands. The department division may issue permits for survey and
3282	exploration activities to identify historical resources and may
3283	issue permits for excavation and salvage activities to recover
3284	historical resources. The department division may issue permits
3285	for archaeological excavation for scientific or educational
3286	purposes on state-owned lands or on state-owned sovereignty
3287	submerged lands. The department division may also issue permits
3288	for exploration and salvage of historic shipwreck sites by
3289	commercial salvors on state-owned sovereignty submerged lands.
3290	The department division shall adopt rules to administer the
3291	issuance of permits for all such activities. In addition, the
3292	department division shall adopt rules to administer the transfer
3293	of objects recovered by commercial salvors under permit in
3294	exchange for recovery services provided to the state.
3295	(6)  The department division shall employ a State
3296	Archaeologist, and such other archaeologists as deemed
3297	necessary, who shall possess such qualifications as the
3298	Secretary of State prescribes division may prescribe. The State
3299	Archaeologist shall serve at the pleasure of the Secretary of
3300	State division director and shall have his or her duties
3301	prescribed by the Secretary of State division director.
3302	(7)  The department division shall employ a State Historic
3303	Preservation Officer, qualified by special training or
3304	experience in the field of historic preservation, and such other
3305	specialists in the field of historic preservation as deemed
3306	necessary, who shall possess such qualifications as the
3307	Secretary of State prescribes division may prescribe.  The State
3308	Historic Preservation Officer shall be designated as such by the
3309	Governor, upon the recommendation of the Secretary of State, and
3310	shall serve at the pleasure of the Secretary of State.  The
3311	State Historic Preservation Officer shall conduct relations with
3312	representatives of the Federal Government and the respective
3313	states concerning matters of historic preservation, and shall
3314	perform such other duties as prescribed by the Secretary of
3315	State.
3316	Section 120.  Paragraph (b) of subsection (1), paragraphs
3317	(a), (b), (c), and (e) of subsection (2), and subsection (3) of
3318	section 267.061, Florida Statutes, are amended to read:
3319	267.061  Historic properties; state policy,
3320	responsibilities.--
3321	(1)  STATE POLICY RELATIVE TO HISTORIC PROPERTIES.--
3322	(b)  It is further declared to be the public policy of the
3323	state that all treasure trove, artifacts, and such objects
3324	having intrinsic or historical and archaeological value which
3325	have been abandoned on state-owned lands or state-owned
3326	sovereignty submerged lands shall belong to the state with the
3327	title thereto vested in the Division of Historical Resources of
3328	the Department of State for the purposes of administration and
3329	protection.
3330	(2)  RESPONSIBILITIES OF STATE AGENCIES OF THE EXECUTIVE
3331	BRANCH.--
3332	(a)  Each state agency of the executive branch having
3333	direct or indirect jurisdiction over a proposed state or state-
3334	assisted undertaking shall, in accordance with state policy and
3335	prior to the approval of expenditure of any state funds on the
3336	undertaking, consider the effect of the undertaking on any
3337	historic property that is included in, or eligible for inclusion
3338	in, the National Register of Historic Places.  Each such agency
3339	shall afford the department division a reasonable opportunity to
3340	comment with regard to such an undertaking.
3341	(b)  Each state agency of the executive branch shall
3342	initiate measures in consultation with the department division
3343	to assure that where, as a result of state action or assistance
3344	carried out by such agency, a historic property is to be
3345	demolished or substantially altered in a way which adversely
3346	affects the character, form, integrity, or other qualities which
3347	contribute to historical, architectural, or archaeological value
3348	of the property, timely steps are taken to determine that no
3349	feasible and prudent alternative to the proposed demolition or
3350	alteration exists, and, where no such alternative is determined
3351	to exist, to assure that timely steps are taken either to avoid
3352	or mitigate the adverse effects, or to undertake an appropriate
3353	archaeological salvage excavation or other recovery action to
3354	document the property as it existed prior to demolition or
3355	alteration.
3356	(c)  In consultation with the department division, each
3357	state agency of the executive branch shall establish a program
3358	to locate, inventory, and evaluate all historic properties under
3359	the agency's ownership or control that appear to qualify for the
3360	National Register.  Each such agency shall exercise caution to
3361	assure that any such historic property is not inadvertently
3362	transferred, sold, demolished, substantially altered, or allowed
3363	to deteriorate significantly.
3364	(e)  Each state agency of the executive branch, in seeking
3365	to acquire additional space through new construction or lease,
3366	shall give preference to the acquisition or use of historic
3367	properties when such acquisition or use is determined to be
3368	feasible and prudent compared with available alternatives. The
3369	acquisition or use of historic properties is considered feasible
3370	and prudent if the cost of purchase or lease, the cost of
3371	rehabilitation, remodeling, or altering the building to meet
3372	compliance standards and the agency's needs, and the projected
3373	costs of maintaining the building and providing utilities and
3374	other services is less than or equal to the same costs for
3375	available alternatives.  The agency shall request the department
3376	division to assist in determining if the acquisition or use of a
3377	historic property is feasible and prudent. Within 60 days after
3378	making a determination that additional space is needed, the
3379	agency shall request the department division to assist in
3380	identifying buildings within the appropriate geographic area
3381	that are historic properties suitable for acquisition or lease
3382	by the agency, whether or not such properties are in need of
3383	repair, alteration, or addition.
3384	(3)  DEPARTMENT OF MANAGEMENT SERVICES.--The Department of
3385	Management Services, in consultation with the department
3386	division, shall adopt rules for the renovation of historic
3387	properties which are owned or leased by the state. Such rules
3388	shall be based on national guidelines for historic renovation,
3389	including the standards and guidelines for rehabilitation
3390	adopted by the United States Secretary of the Interior.
3391	Section 121.  Section 267.0612, Florida Statutes, is
3392	amended to read:
3393	267.0612  Florida Historical Commission; creation;
3394	membership; powers and duties.--In order to enhance public
3395	participation and involvement in the preservation and protection
3396	of the state's historic and archaeological sites and properties,
3397	there is created within the Department of State the "Florida
3398	Historical Commission."  The commission shall serve in an
3399	advisory capacity to the Secretary of State director of the
3400	Division of Historical Resources to assist the director in
3401	carrying out the purposes, duties, and responsibilities of the
3402	department division, as specified in this chapter.
3403	(1)(a)  The commission shall be composed of 11 members.
3404	Seven members shall be appointed by the Governor in consultation
3405	with the Secretary of State, two members shall be appointed by
3406	the President of the Senate, and two members shall be appointed
3407	by the Speaker of the House of Representatives. Of the seven
3408	members appointed by the Governor, one member must be a licensed
3409	architect who has expertise in historic preservation and
3410	architectural history; one member must be a professional
3411	historian in the field of American history; one member must be a
3412	professional architectural historian; one member must be an
3413	archaeologist specializing in the field of prehistory; and one
3414	member must be an archaeologist specializing in the historic
3415	period. The remaining two members appointed by the Governor and
3416	the two members appointed by the President of the Senate and the
3417	Speaker of the House of Representatives, respectively, must be
3418	representatives of the general public with demonstrated interest
3419	in the preservation of Florida's historical and archaeological
3420	heritage.  At least one member of the commission shall be a
3421	resident of a county that has a population of 75,000 or fewer
3422	less. A member whose term has expired shall continue to serve on
3423	the commission until such time as a replacement is appointed.
3424	(b)  Notwithstanding the provisions of paragraph (a), the
3425	initial members of the commission shall be the members of the
3426	Historic Preservation Advisory Council and the National Register
3427	of Historic Places Review Board, serving on January 1, 2002, who
3428	may serve the remainder of their respective terms.  New
3429	appointments to the commission shall not be made until the
3430	retirement, resignation, removal, or expiration of the terms of
3431	the initial members results in fewer than 11 members remaining.
3432	As vacancies occur, the first appointments shall be the five
3433	professionally designated members appointed by the Governor.
3434	The President of the Senate, the Speaker of the House of
3435	Representatives, and the Governor, respectively, shall then
3436	alternate appointments until the commission is composed as
3437	required herein.
3438	(2)  Commission members appointed by the President of the
3439	Senate and the Speaker of the House of Representatives shall be
3440	appointed for 2-year terms. Additionally, these commission
3441	members shall serve as the legislative historic preservation
3442	advisory body to the Speaker of the House of Representatives and
3443	the President of the Senate with respect to the collection and
3444	preservation of the historic records of both houses of the
3445	Legislature. Commission members appointed by the Governor shall
3446	be appointed to 4-year terms.  Vacancies shall be filled for the
3447	remainder of the term and by the original appointing authority.
3448	(3)  The Governor shall designate a member of the
3449	commission as the commission's presiding officer to serve in
3450	that capacity at the pleasure of the Governor. Each year the
3451	commission shall select an assistant presiding officer from its
3452	membership.
3453	(4)  The commission shall meet upon the call of the
3454	presiding officer or Secretary of State, which shall occur at
3455	least quarterly.  Members shall serve without pay, but shall be
3456	entitled to reimbursement for their expenses in carrying out
3457	their official duties, as provided in s. 112.061.
3458	(5)  All action taken by the commission shall be by
3459	majority vote of those members present.  The State Historic
3460	Preservation Officer director of the division or his or her the
3461	director's designee shall serve without voting rights as
3462	secretary to the commission. The Historic Preservation Office
3463	division shall provide necessary staff assistance to the
3464	commission.
3465	(6)  It shall be the responsibility of the commission to
3466	provide assistance, advice, and recommendations to the
3467	department division in:
3468	(a)  Establishing priorities for the identification,
3469	acquisition, protection, and preservation of historic and
3470	archaeological sites and properties.
3471	(b)  Establishing criteria for use in assessing the
3472	significance of historic and archaeological sites and
3473	properties.
3474	(c)  Evaluating proposals for awards of special category
3475	historic preservation grants-in-aid administered by the
3476	Department of State division.  Pursuant thereto, the commission
3477	shall review and evaluate proposals for special category grants
3478	and shall make recommendations, including a priority ranking,
3479	reflecting such evaluation.  In making such evaluation and
3480	recommendations, the commission shall, at a minimum, consider
3481	the purpose, economic and other public benefit, location,
3482	compatibility with statewide historic preservation priorities,
3483	and cost of each proposal for special category grant assistance.
3484	(d)  Providing an active outreach program to encourage
3485	public understanding of and involvement in the preservation of
3486	the state's historic and archaeological sites and properties.
3487	(e)  Identifying and expressing public goals for historic
3488	preservation and gathering public ideas necessary for the
3489	formulation of alternative policies.
3490	(f)  Recommending rules relating to the historic
3491	preservation programs administered by the department division
3492	pursuant to this chapter.
3493	(7)  It shall be the additional responsibility of the
3494	commission to provide such other assistance and advice to the
3495	department division as required by this chapter and as may be
3496	required from time to time in matters pertaining to the
3497	protection and preservation of the state's historic and
3498	archaeological sites and properties.
3499	(8)  The five members appointed by the Governor from the
3500	professions designated in paragraph (1)(a) shall sit as
3501	Florida's National Register Review Board and shall perform the
3502	duties of that board established by the National Historic
3503	Preservation Act of 1966, as amended.  If a vacancy exists in
3504	one of the five designated seats, the Secretary of State
3505	division director shall assign another member of the Florida
3506	Historical Commission to serve until the vacancy is filled.
3507	Section 122.  Section 267.0617, Florida Statutes, is
3508	amended to read:
3509	267.0617  Historic Preservation Grant Program.--
3510	(1)  There is hereby created within the Department of State
3511	division the Historic Preservation Grant Program, which shall
3512	make grants of moneys appropriated by the Legislature, moneys
3513	deposited pursuant to s. 550.0351(2), and moneys contributed for
3514	that purpose from any other source. The program funds shall be
3515	used by the department division for the purpose of financing
3516	grants in furtherance of the purposes of this section.
3517	(2)  The department division is authorized to conduct and
3518	carry out a program of historic preservation grants-in-aid,
3519	including matching grants, to any department or agency of the
3520	state; any unit of county, municipal, or other local government;
3521	any corporation, partnership, or other organization, whether
3522	public or private or whether or not for profit; or any
3523	individual for projects having as their purpose the
3524	identification, acquisition, protection, preservation,
3525	rehabilitation, restoration, or construction of historic sites
3526	and properties, or Florida history, or the planning of such
3527	activities. Funds appropriated from general revenue for the
3528	historic preservation grants-in-aid program shall not be
3529	provided for a project owned by private individuals or owned by
3530	for-profit corporations. All moneys received from any source as
3531	appropriations, deposits, or contributions to this program shall
3532	be paid and credited to the Historical Resources Operating Trust
3533	Fund or as otherwise provided by the Legislature.
3534	(3)  All grants of state funds to assist the preservation
3535	of historic properties shall be made from the Historical
3536	Resources Operating Trust Fund or as otherwise provided by the
3537	Legislature and may be awarded only pursuant to applications for
3538	such assistance made to the Department of State Division of
3539	Historical Resources.  The Florida Historical Commission shall
3540	review each application for a special category historic
3541	preservation grant-in-aid.  Special category historic
3542	preservation grants-in-aid are those reviewed and recommended by
3543	the Secretary of State for submission for legislative funding
3544	consideration.  Grant review panels appointed by the Secretary
3545	of State and chaired by a member of the Florida Historical
3546	Commission shall review each application for other historic
3547	preservation grants-in-aid.  The reviewing body shall submit
3548	annually to the Secretary of State for approval lists of all
3549	applications that are recommended by the reviewing body for the
3550	award of grants, arranged in order of priority.
3551	(4)  The Department of State Division of Historical
3552	Resources may accept and administer moneys appropriated to it
3553	for the purpose of providing grants for the projects approved by
3554	the Secretary of State.
3555	(5)  The Department of State Division of Historical
3556	Resources shall adopt rules prescribing the criteria to be
3557	applied by the Florida Historical Commission and the grant
3558	review panels in recommending applications for the award of
3559	grants and rules providing for the administration of the other
3560	provisions of this section.
3561	Section 123.  Section 267.0619, Florida Statutes, is
3562	amended to read:
3563	267.0619  Historical Museum Grants.--The Department of
3564	State division may conduct a program to provide:
3565	(1)(a)  Grants from the Historical Resources Operating
3566	Trust Fund, including matching grants, to a department or agency
3567	of the state; a unit of county, municipal, or other local
3568	government; or a public or private profit or nonprofit
3569	corporation, partnership, or other organization to assist in the
3570	development of public educational exhibits relating to the
3571	historical resources of Florida; and
3572	(b)  Grants from the Historical Resources Operating Trust
3573	Fund to Florida history museums that are not state-operated to
3574	assist such museums in program development paying for operating
3575	costs.
3576	(2)  In order to be eligible to receive a grant from the
3577	trust fund to assist in paying operating costs, a Florida
3578	history museum must fulfill the following criteria:
3579	(a)  The mission of the museum must relate directly and
3580	primarily to the history of Florida.  If the museum has more
3581	than one mission, the museum is eligible to receive a grant for
3582	that portion of the operating costs which is reasonably
3583	attributable to its mission relating to the history of Florida;
3584	(b)  The museum must have been operating and open to the
3585	public for at least 180 days each year during the 2-year period
3586	immediately preceding the date upon which the museum applies for
3587	the grant;
3588	(c)  The museum must be open and providing museum services
3589	to the public for at least 180 days each year; and
3590	(d)  The museum must currently employ, and must have
3591	employed during the 2-year period immediately preceding the date
3592	upon which the museum applies for the grant, at least one full-
3593	time staff member or one full-time volunteer the equivalent
3594	thereof whose primary responsibility is to acquire, maintain,
3595	and exhibit to the public objects that are owned by, or are on
3596	loan to, the museum.
3597	(3)  An application for a grant must be made to the
3598	Department of State division on a form provided by the
3599	department division.  The department division shall adopt rules
3600	prescribing categories of grants, application requirements,
3601	criteria and procedures for the review and evaluation of
3602	applications, and other procedures necessary for the
3603	administration of the program, subject to the requirements of
3604	this section. Grant review panels appointed by the Secretary of
3605	State and chaired by a member of the Florida Historical
3606	Commission or designee thereof shall review each application for
3607	a museum grant-in-aid.  The review panel shall submit to the
3608	Secretary of State for approval lists of all applications that
3609	are recommended by the panel for the award of grants, arranged
3610	in order of priority. The department division may award a grant
3611	to a Florida history museum only if the award has been approved
3612	by the Secretary of State.
3613	(4)  Money received as an appropriation or contribution to
3614	the grants program must be deposited into the Historical
3615	Resources Operating Trust Fund or as otherwise provided by the
3616	Legislature. Money appropriated from general revenue to the
3617	trust fund for the program may not be granted to a private for-
3618	profit museum. Money appropriated from any source to the trust
3619	fund for the program may not be granted to pay the cost of
3620	locating, identifying, evaluating, acquiring, preserving,
3621	protecting, restoring, rehabilitating, stabilizing, or
3622	excavating an archaeological or historic site or a historic
3623	building or the planning of any of those activities.
3624	(5)  The department division may grant moneys quarterly
3625	from the Historical Resources Operating Trust Fund to history
3626	museums in advance of an exhibit or program for which the moneys
3627	are granted.
3628	Section 124.  Subsection (2) of section 267.062, Florida
3629	Statutes, is amended to read:
3630	267.062  Naming of state buildings and other facilities.--
3631	(2)  The Department of State division shall, after
3632	consulting with the Florida Historical Commission, recommend
3633	several persons whose contributions to the state have been of
3634	such significance that the department division may recommend
3635	that state buildings and facilities be named for them.
3636	Section 125.  Section 267.071, Florida Statutes, is amended
3637	to read:
3638	267.071  Historical museums.--It is the duty of the
3639	Department of State division to:
3640	(1)  Promote and encourage throughout the state knowledge
3641	and appreciation of Florida history by encouraging the people of
3642	the state to engage in the preservation and care of artifacts,
3643	museum items, treasure trove, and other historical properties;
3644	the collection, research, fabrication, exhibition, preservation,
3645	and interpretation of historical materials; the publicizing of
3646	the state's history through media of public information; and
3647	other activities in historical and allied fields.
3648	(2)  Encourage, promote, maintain, and operate historical
3649	museums, including, but not limited to, mobile museums, junior
3650	museums, and the Museum of Florida History in the state capital.
3651	(3)  Plan and develop, in cooperation with other state
3652	agencies and with municipalities, programs to promote and
3653	encourage the teaching of Florida's history and heritage in
3654	Florida schools and other educational institutions and other
3655	such educational programs as may be appropriate.
3656	Section 126.  Section 267.072, Florida Statutes, is amended
3657	to read:
3658	267.072  Museum of Florida History programs.--
3659	(1)  The department division shall establish and administer
3660	a museum store in the Museum of Florida History to provide
3661	information and materials relating to museum exhibits,
3662	collections, and programs to the public.  The store may produce,
3663	acquire, and sell craft products, replicas and reproductions of
3664	artifacts, documents, and other merchandise relating to
3665	historical and cultural resources and may make a reasonable
3666	charge for such merchandise.  All proceeds received from sales
3667	must be deposited into the Historical Resources Operating Trust
3668	Fund or, funds in excess of the amount required to pay employees
3669	involved in the direct management of the museum store, may be
3670	deposited into a bank account of the citizen support
3671	organization created pursuant to s. 267.17 and may only be used
3672	to support the programs of the Museum of Florida History.  The
3673	museum store may enter into agreements and accept credit-card
3674	payments as compensation for goods and products sold.  The
3675	department division may establish accounts in credit-card banks
3676	for the deposit of credit-card sales invoices and to pay
3677	discounts and service charges in connection with the use of
3678	credit cards.
3679	(2)  The department division shall support the
3680	establishment and operation of a nonprofit organization or
3681	association established pursuant to s. 267.17 to promote and
3682	encourage knowledge and appreciation of Florida history and the
3683	programs of the Museum of Florida History and to cooperate with
3684	historical societies and other organizations to provide funding
3685	and promotional support for the programs of the museum.  Such
3686	organization or association may, with the consent of the
3687	department division, operate the museum store or conduct special
3688	events and programs in the museum.  All proceeds must be used to
3689	support the programs of the Museum of Florida History.
3690	(3)  The department division shall deposit gifts and
3691	donations for the purpose of assisting the Museum of Florida
3692	History and its programs in the Historical Resources Operating
3693	Trust Fund to be used exclusively for the benefit of programs of
3694	the museum and in a manner consistent with any terms or
3695	conditions agreed to by the department division in accepting
3696	such gifts.
3697	Section 127.  Section 267.0731, Florida Statutes, is
3698	amended to read:
3699	267.0731  Great Floridians Program.--The department
3700	division shall establish and administer a program, to be
3701	entitled the Great Floridians Program, which shall be designed
3702	to recognize and record the achievements of Floridians, living
3703	and deceased, who have made major contributions to the progress
3704	and welfare of this state.
3705	(1)  The department division shall nominate present or
3706	former citizens of this state, living or deceased, who during
3707	their lives have made major contributions to the progress of the
3708	nation or this state and its citizens. Nominations shall be
3709	submitted to the Secretary of State who shall select from those
3710	nominated not less than two persons each year who shall be
3711	honored with the designation "Great Floridian," provided no
3712	person whose contributions have been through elected or
3713	appointed public service shall be selected while holding any
3714	such office.
3715	(a)  To enhance public participation and involvement in the
3716	identification of any person worthy of being nominated as a
3717	Great Floridian, the department division shall seek advice and
3718	assistance from persons qualified through the demonstration of
3719	special interest, experience, or education in the dissemination
3720	of knowledge about the state's history.
3721	(b)  In formulating its nominations, the department
3722	division shall also seek the assistance of any organization the
3723	Museum of Florida History Foundation, Inc., or its successor,
3724	acting in the capacity as a citizen support organization of the
3725	department division, pursuant to s. 267.17 and approved to act
3726	on behalf of the Museum of Florida History.
3727	(c)  Annually, the department division shall convene an ad
3728	hoc committee composed of representatives of the Governor, each
3729	member of the Florida Cabinet, the President of the Senate, and
3730	the Speaker of the House of Representatives, and the Museum of
3731	Florida History Foundation, Inc. This committee shall meet at
3732	least twice.  The committee shall nominate not fewer than two
3733	persons whose names shall be submitted to the Secretary of State
3734	with the recommendation that they be honored with the
3735	designation "Great Floridian."
3736	(2)  Upon designation of a person as a Great Floridian by
3737	the Secretary of State, the department division shall undertake
3738	appropriate activities intended to achieve wide public knowledge
3739	of the person designated.
3740	(a)  The department division may seek to initiate
3741	production of a film or videotape depicting the life and
3742	contributions of the designee to this state and to the nation.
3743	The production of such a film or videotape will be contingent
3744	upon full funding through legislative appropriation or private
3745	fundraising. If technology surpasses the use of film or
3746	videotape, another medium of equal quality may be used.
3747	1.  In the production of such films, the division shall
3748	seek cooperation from local volunteers throughout the state and,
3749	in particular, shall seek fundraising and other assistance of
3750	the citizen support organization created pursuant to s. 267.17
3751	to support the programs of the Museum of Florida History.
3752	1.2.  The Museum of Florida History shall be the repository
3753	of the original negative, the original master tape, and all
3754	cuttings, of any film or videotape produced under the authority
3755	of this paragraph.  The department division also may exercise
3756	the right of trademark over the terms "Great Floridian" or
3757	"Great Floridians" pursuant to s. 286.031.
3758	2.3.  The department division shall arrange for the
3759	distribution of copies of all films to the general public,
3760	public television stations, educational institutions, and others
3761	and may establish a reasonable charge to recover costs
3762	associated with production and to provide a source of revenue to
3763	assist with reproduction, marketing, and distribution of Great
3764	Floridians films. Proceeds from such charges shall be deposited
3765	into the Historical Resources Operating Trust Fund.
3766	(b)  Deceased persons designated as Great Floridians
3767	typically shall be recognized by markers affixed to properties
3768	significantly associated with the major contributions of the
3769	designee.  Such markers shall be erected pursuant to the
3770	provisions of s. 267.074.
3771	Section 128.  Section 267.074, Florida Statutes, is amended
3772	to read:
3773	267.074  State Historical Marker Program.--The department
3774	division shall coordinate and direct the State Historical Marker
3775	Program, which shall be a program of popular history and
3776	heritage designed to inform the general public about persons,
3777	events, structures, and other topics relating to the history and
3778	culture of the state; encourage interest in preserving the
3779	historical resources of the state and its localities; promote a
3780	sense of community and place among Florida citizens; and provide
3781	for the enjoyment and edification of tourists.
3782	(1)  The department division shall encourage the initiation
3783	of proposals for Official Florida Historical Markers from
3784	departments or agencies of the state; units of county,
3785	municipal, or other local governments; corporations,
3786	partnerships, or other organizations, whether public or private
3787	and whether or not for profit; or any individual.  Markers may
3788	be installed to recognize historic properties, as well as
3789	individuals, events, and other topics significant in Florida or
3790	American history, architecture, archaeology, or culture.
3791	(2)  By means of appropriate variations in marker design,
3792	the department division shall distinguish the following
3793	categories of Official Florida Historical Markers:
3794	(a)  Florida Heritage Landmark markers, which shall be used
3795	to identify and interpret Heritage Landmark properties.
3796	(b)  State Historic Highway markers, which shall be used to
3797	identify state historic highways, as provided in general law.
3798	(c)  Florida Heritage markers, which shall be used to
3799	identify and interpret people, events, and places, including
3800	buildings and archaeological sites, which do not meet the
3801	criteria for a Florida Heritage Landmark, and other subjects
3802	relating to Florida history and culture.
3803	(d)  Other special series of markers which the department
3804	division may establish to facilitate guiding the general public
3805	to places of historic interest and to facilitate identification
3806	and interpretation of topics of statewide interest, including,
3807	but not limited to, historic and scenic trails, byways, and
3808	greenways and anniversaries or other occasions of special
3809	significance to the history and culture of Florida.
3810
3811	The department division may exercise the right of trademark over
3812	the terms "Florida Heritage" or "Heritage Florida" pursuant to
3813	s. 286.031.
3814	(3)  The department division shall establish and maintain a
3815	central register of all markers installed in each category set
3816	out in subsection (2).  In addition, the department division
3817	shall establish and maintain the Florida Register of Heritage
3818	Landmarks, a central register of historic properties, which
3819	generally shall consist of properties more than 50 years of age
3820	deemed worthy of preservation for their exceptional historical
3821	significance to the state as a whole or a region of the state
3822	and their architectural or archaeological integrity.
3823	(a)  The department division shall adopt rules pursuant to
3824	ss. 120.536(1) and 120.54 that prescribe criteria and a process
3825	for the identification, evaluation, and designation of Heritage
3826	Landmark properties, as well as for withdrawal of designation.
3827	(b)  The department division may waive the age requirement
3828	of 50 years for properties of overwhelming state or national
3829	importance; however, it is the intent of the Legislature that
3830	exceptions shall rarely be given.
3831	(c)  The department division shall undertake a program to
3832	identify and nominate properties eligible for designation as
3833	Heritage Landmarks.
3834	(d)  Designation of private property as a Heritage Landmark
3835	does not prohibit under Florida law or regulation any actions
3836	which may otherwise be taken by the property owner with respect
3837	to the property.
3838	(4)  The department division shall develop a comprehensive
3839	plan for the State Historical Marker Program which shall be kept
3840	up to date and shall incorporate goals and objectives of the
3841	program, as well as policies, plans, and procedures relating to:
3842	(a)  Categories of Official Florida Historical Markers,
3843	criteria for their use, and specifications for design.
3844	(b)  Selection of subjects to be marked.
3845	(c)  Published guides to Official Florida Historical
3846	Markers, including methods for public distribution.
3847	(d)  Maintenance of markers.
3848	(e)  Removal or replacement of markers.
3849	(f)  Placement of markers at historic sites which shall be,
3850	in general, conspicuous and accessible to and easily reached by
3851	the public and where something associated with the person,
3852	historic property, event, or other subject being marked is still
3853	visible.
3854	(g)  Physical placement of the markers which shall be, in
3855	general, conspicuous and easily reached by the public.
3856	(5)(a)  The department division is authorized and empowered
3857	to erect and maintain appropriate signs or markers indicating
3858	sites of historic interest and value upon public property as
3859	well as upon private property where permission is obtained.
3860	(b)  The Department of Transportation or the governing body
3861	of each county or municipality is authorized to permit and
3862	assist the Department of State division in erecting and
3863	maintaining such said historic signs or markers within the
3864	right-of-way of any state highway, county road, or municipal
3865	street, or any other property under its jurisdiction and
3866	control, under such conditions and limitations as may be
3867	appropriate.  The Department of State division is hereby vested
3868	with the exclusive authority and power to erect and maintain
3869	said historic signs or markers within the right-of-way of any
3870	state highway.
3871	(6)  The department division shall designate an approved
3872	marker as an Official Florida Historical Marker.  To ensure a
3873	degree of uniformity and quality of historical markers,
3874	monuments, plaques, medallions, and similar devices in this
3875	state, and to avoid any confusion with or misrepresentation of
3876	an Official Florida Historical Marker, no such marker or
3877	reasonable facsimile thereof may be fabricated with any emblem,
3878	design, or logo signifying another organization.  No other
3879	emblem, design, or marker size may be used in addition to or
3880	instead of those offered by the department division for an
3881	Official Florida Historical Marker.  Emblems, designs, or logos
3882	offered by the department division are property of the state and
3883	may not be used for commercial advertising or copied for the use
3884	of any other agency, association, corporation, or individual
3885	without the express consent and authorization of the department
3886	division.
3887	(7)  The department division may establish a reasonable fee
3888	to recover its costs arising from review of a proposal for a
3889	historical marker, monument, plaque, medallion, or similar
3890	device.  Any fee established shall be payable by the applicant
3891	for the marker, monument, plaque, medallion, or similar device.
3892	(8)  Funds for the creation and placement of an Official
3893	Florida Historical Marker shall be provided by the agency,
3894	organization, individual, or other entity proposing the marker.
3895	The department division may erect Official Florida Historical
3896	Markers at its own expense and may make competitive grants from
3897	the Historical Resources Operating Trust Fund, pursuant to s.
3898	267.0617, to assist in funding the costs of Official Florida
3899	Historical Markers.  All Official Florida Historical Markers
3900	shall be considered property of the state.
3901	(9)  The department division shall seek cooperation from
3902	local volunteers throughout the state and, where appropriate,
3903	shall encourage the establishment of citizen support
3904	organizations, pursuant to s. 267.17, to assist in maintaining
3905	Official Florida Historical Markers and facilitating public
3906	access to places marked.
3907	Section 129.  Subsections (3), (4), and (5) of section
3908	267.0743, Florida Statutes, are amended to read:
3909	267.0743  State Historical Marker Council.--In order to
3910	enhance public participation and involvement in the
3911	identification and interpretation of subjects relating to the
3912	history and culture of Florida, there is created the "State
3913	Historical Marker Council."
3914	(3)  The Secretary of State director of the division or his
3915	or her designee shall serve without voting rights as secretary
3916	to the council. The department division shall provide necessary
3917	staff assistance to the council.
3918	(4)  The council shall meet at the request of the
3919	department division or at the request of a majority of its
3920	membership to carry out its responsibilities, however, the
3921	council need not convene a meeting but may give advice by means
3922	of written or telephonic communication. Members shall serve
3923	without pay, but shall be entitled to reimbursement for their
3924	expenses in carrying out their official duties, as provided in
3925	s. 112.061.
3926	(5)  It shall be the responsibility of the council to
3927	provide assistance, advice, and recommendations to the
3928	department division in evaluating proposals for Official Florida
3929	Historical Markers and identifying goals for the State
3930	Historical Marker Program. The process of evaluation shall seek
3931	to establish the significance of the subject proposed for a
3932	marker, but neither the department division nor the council
3933	shall make proposal or evaluation requirements so complex or
3934	onerous as to preclude private citizens from directly submitting
3935	proposals without professional assistance.
3936	Section 130.  Subsections (2), (3), and (4) of section
3937	267.075, Florida Statutes, are amended to read:
3938	267.075  The Grove Advisory Council; creation; membership;
3939	purposes.--
3940	(2)  There is created within the Department of State The
3941	Grove Advisory Council for the purpose of advising the
3942	department Division of Historical Resources on the operation,
3943	maintenance, preservation, and protection of the Call/Collins
3944	House, commonly known as "The Grove," its grounds, cemetery, and
3945	all structures thereon; the furniture and furnishings located
3946	therein; any changes in the architecture, structure,
3947	furnishings, or landscaping deemed necessary or desirable by the
3948	council; and the design and development of interpretive programs
3949	and exhibits in connection therewith.
3950	(3)(a)  The Grove Advisory Council shall be composed of
3951	eight members, as follows:
3952	1.  Five members shall be private citizens appointed by the
3953	Secretary of State.
3954	2.  One member shall be the Secretary of Management
3955	Services or his or her designee.
3956	3.  One member shall be a representative of the department
3957	appointed by the Secretary the director of the Division of
3958	Historical Resources of the Department of State.
3959	4.  At least one member shall be a direct descendant of
3960	Mary Call Darby Collins appointed by the Secretary of State with
3961	the advice of the oldest living generation of lineal descendants
3962	of Mary Call Darby Collins.
3963
3964	Of the citizen members, at least one member shall have
3965	professional curatorial and museum expertise, one member shall
3966	have professional architectural expertise in the preservation of
3967	historic buildings, and one member shall have professional
3968	landscape expertise. The five citizen members of the council
3969	appointed by the Secretary of State and the member of the
3970	council who is a direct descendant of Mary Call Darby Collins
3971	appointed by the Secretary of State shall be appointed for
3972	staggered 4-year terms. The Secretary of State shall fill the
3973	remainder of unexpired terms for the five citizen members of the
3974	council and the member of the council who is a direct descendant
3975	of Mary Call Darby Collins.
3976	(b)  The council shall annually elect a chair from among
3977	the five citizen members of the council appointed by the
3978	Secretary of State and the member of the council who is a direct
3979	descendant of Mary Call Darby Collins appointed by the Secretary
3980	of State. The chair shall serve for a term of 1 year. Meetings
3981	of the council shall be held at the call of the chair, at the
3982	request of a majority of its membership, at the request of the
3983	Secretary of State, or at such times as may be prescribed by
3984	rules of the council. The council shall meet at least twice
3985	annually. A majority of the council shall constitute a quorum
3986	for the transaction of business.
3987	(c)  The council shall obtain clerical, expert, technical,
3988	or other services from the department Division of Historical
3989	Resources. The Department of Management Services shall provide
3990	reasonable assistance to the Department of State in carrying out
3991	the purposes of this section.
3992	(d)  Members of the council shall serve without
3993	compensation or honorarium but shall be entitled to receive
3994	reimbursement for per diem and travel expenses as provided in s.
3995	112.061. All expenses of the council shall be paid from
3996	appropriations to be made by the Legislature to the Department
3997	of State. All vouchers shall be approved by the department
3998	Division of Historical Resources before being submitted to the
3999	Chief Financial Officer for payment.
4000	(4)(a)  The department Division of Historical Resources,
4001	with the advice and assistance of the council, shall maintain
4002	the structure, style, character, and landscaping of The Grove,
4003	its grounds, its private family cemetery, and all structures
4004	thereon consistent with the character, plan, and design of The
4005	Grove at the time the state takes physical possession of The
4006	Grove and its surrounding property from Mary Call Darby Collins.
4007	It shall preserve and protect the antique furnishings and other
4008	articles of furniture, fixtures, and decorative objects and
4009	articles used or displayed in the premises.
4010	(b)  The department Division of Historical Resources shall
4011	catalog and maintain a descriptive, photographic inventory of
4012	the furnishings, fixtures, and decorative objects and articles
4013	used or displayed in the premises.
4014	(c)  The department Division of Historical Resources may
4015	receive, on behalf of the state, contributions, bequests, and
4016	gifts of money, furniture, works of art, memorabilia, or other
4017	property consistent with the use of The Grove as described in
4018	this section. Title to all property which is received in this
4019	manner shall vest in the state and shall be held in trust by the
4020	department Division of Historical Resources solely to further
4021	the purposes of this section. No furniture, furnishings,
4022	fixtures, or decorative objects acquired from the Collins family
4023	or any of its members shall be used for any purpose except as a
4024	permanent part of The Grove's furniture, furnishings, fixtures,
4025	or decorative objects, and any such item not so utilized shall
4026	forthwith revert to the Collins family member or members from
4027	whom it was acquired. No gifts, contributions, or bequests shall
4028	be accepted for The Grove without the advice and recommendation
4029	of the council.
4030	(d)  The Department of State Division of Historical
4031	Resources shall adopt rules governing the maintenance and use of
4032	The Grove; the selection, acquisition, and disposition of
4033	furnishings and decorations for the premises; and the acceptance
4034	of gifts, contributions, bequests, or loans of property.
4035	Section 131.  Section 267.081, Florida Statutes, is amended
4036	to read:
4037	267.081  Publications.--
4038	(1)  It is the duty of the department division to:
4039	(a)  Promote and encourage the writing of Florida history.
4040	(b)  Collect, edit, publish, and print pamphlets, papers,
4041	manuscripts, documents, books, monographs, and other materials
4042	relating to Florida history. The department division may
4043	establish a reasonable charge for such publications.
4044	(c)  Cooperate with and coordinate research and publication
4045	activities of other agencies, organizations, historical
4046	commissions and societies, corporations, and individuals, which
4047	relate to historical matters.
4048	(d)  Hold any moneys received from the sale of publications
4049	by the department division in the operating trust fund of the
4050	department division or in a separate depository account in the
4051	name of a citizen support organization formed pursuant to s.
4052	267.17 and subject to the provision of a letter of agreement
4053	with the department division.
4054	(2)  The department division may exercise the right of
4055	trademark and service mark over the terms "Florida History & the
4056	Arts" or "Florida History and the Arts" pursuant to s. 286.031.
4057	Section 132.  Section 267.11, Florida Statutes, is amended
4058	to read:
4059	267.11  Designation of archaeological sites.--The
4060	Department of State division may publicly designate an
4061	archaeological site of significance to the scientific study or
4062	public representation of the state's historical, prehistoric, or
4063	aboriginal past as a "state archaeological landmark."  In
4064	addition, the department division may publicly designate an
4065	interrelated grouping of significant archaeological sites as a
4066	"state archaeological landmark zone." However, no site or
4067	grouping of sites shall be so designated without the express
4068	written consent of the private owner thereof. Upon designation
4069	of an archaeological site, the owners and occupants of each
4070	designated state archaeological landmark or landmark zone shall
4071	be given written notification of such designation by the
4072	department division. Once so designated, no person may conduct
4073	field investigation activities without first securing a permit
4074	from the department division.
4075	Section 133.  Section 267.115, Florida Statutes, is amended
4076	to read:
4077	267.115  Objects of historical or archaeological
4078	value.--The Department of State division shall acquire,
4079	maintain, preserve, interpret, exhibit, and make available for
4080	study objects which have intrinsic historical or archaeological
4081	value relating to the history, government, or culture of the
4082	state. Such objects may include tangible personal property of
4083	historical or archaeological value.  Objects acquired under this
4084	section belong to the state, and title to such objects is vested
4085	in the department division.
4086	(1)  Notwithstanding s. 273.02, the department division
4087	shall maintain an adequate record of all objects in its custody
4088	which have a historical or archaeological value. Once each year,
4089	on July 1 or as soon thereafter as practicable, the department
4090	division shall take a complete inventory of all such objects in
4091	its custody the value or cost of which is $500 or more and a
4092	sample inventory of such objects the value or cost of which is
4093	less than $500. Each inventory shall be compared with the
4094	property record, and all discrepancies shall be traced and
4095	reconciled. Objects of historical or archaeological value are
4096	not required to be identified by marking or other physical
4097	alteration of the objects.
4098	(2)  The department division may arrange for the temporary
4099	or permanent loan of any object which has historical or
4100	archaeological value in its custody. Such loans shall be for the
4101	purpose of assisting historical, archaeological, or other
4102	studies; providing objects relating to interpretive exhibits and
4103	other educational programs which promote knowledge and
4104	appreciation of Florida history and the programs of the
4105	department division; or assisting the department division in
4106	carrying out its responsibility to ensure proper curation of the
4107	objects.
4108	(3)  The department division may determine from time to
4109	time that an object that which is in its custody and that which
4110	is owned by the state has no further use or value for the
4111	research, exhibit, or educational programs of the department
4112	division, or that such an object will receive more appropriate
4113	maintenance and preservation by another agency, institution, or
4114	organization, and may loan, exchange, sell, or otherwise
4115	transfer ownership and custody of such object to another agency,
4116	institution, or organization for the purpose of ensuring the
4117	continued maintenance and preservation of such object, or for
4118	the purpose of acquiring another object which better serves the
4119	interests of the state and is more appropriate for promoting
4120	knowledge and appreciation of Florida history and the programs
4121	of the department division.
4122	(4)  For the purpose of the exchange, sale, or other
4123	transfer of objects of historical or archaeological value, the
4124	department division is exempt from chapter 273.
4125	(5)  All moneys received from the sale of an object which
4126	has historical or archaeological value pursuant to subsection
4127	(3) shall be deposited in the Historical Resources Operating
4128	Trust Fund and shall be used exclusively for the acquisition of
4129	additional historical and archaeological objects or the
4130	preservation and maintenance of any such objects in the custody
4131	of the department division.
4132	(6)  The department division shall adopt rules pursuant to
4133	ss. 120.536(1) and 120.54 that prescribe criteria for the
4134	inventory and for the loan, exchange, sale, transfer, or other
4135	disposal of state-owned objects of historical or archaeological
4136	value.
4137	(7)  Any custodian as defined in s. 273.01(1) who violates
4138	any provision of this section or any rule adopted pursuant to
4139	this section commits a misdemeanor of the second degree,
4140	punishable as provided in s. 775.082 or s. 775.083.
4141	(8)  Notwithstanding any provision of s. 287.022 or s.
4142	287.025(1)(e), the department division may enter into contracts
4143	to insure museum collections, artifacts, relics, and fine arts
4144	to which it holds title.
4145	(9)  The department division may implement a program to
4146	administer finds of isolated historic artifacts from state-owned
4147	river bottoms whereby the department division may transfer
4148	ownership of such artifacts to the finder in exchange for
4149	information about the artifacts and the circumstances and
4150	location of their discovery.
4151	Section 134.  Section 267.12, Florida Statutes, is amended
4152	to read:
4153	267.12  Research permits; procedure.--
4154	(1)  The Department of State division may issue permits for
4155	excavation and surface reconnaissance on state lands or lands
4156	within the boundaries of designated state archaeological
4157	landmarks or landmark zones to institutions that which the
4158	department deems division shall deem to be properly qualified to
4159	conduct such activity, subject to such rules and regulations as
4160	the department prescribes division may prescribe, provided such
4161	activity is undertaken by reputable museums, universities,
4162	colleges, or other historical, scientific, or educational
4163	institutions or societies that possess or will secure the
4164	archaeological expertise for the performance of systematic
4165	archaeological field research, comprehensive analysis, and
4166	interpretation in the form of publishable reports and
4167	monographs, such reports to be submitted to the department
4168	division.
4169	(2)  Those state institutions considered by the department
4170	division permanently to possess the required archaeological
4171	expertise to conduct the archaeological activities allowed under
4172	the provisions of the permit may be designated as accredited
4173	institutions which will be allowed to conduct archaeological
4174	field activities on state-owned or controlled lands or within
4175	the boundaries of any designated state archaeological landmark
4176	or any landmark zone without obtaining an individual permit for
4177	each project, except that those accredited institutions will be
4178	required to give prior written notice of all anticipated
4179	archaeological field activities on state-owned or controlled
4180	lands or within the boundaries of any designated state
4181	archaeological landmark or landmark zone to the department
4182	division, together with such information as is may reasonably be
4183	required by the department division to ensure the proper
4184	preservation, protection, and excavation of the archaeological
4185	resources. However, no archaeological activity may be commenced
4186	by the accredited institution until the department division has
4187	determined that the planned project will be in conformity with
4188	the guidelines, regulations, and criteria adopted pursuant to
4189	ss. 267.11-267.14. Such determination will be made by the
4190	department division and notification to the institution given
4191	within a period of 15 days from the time of receipt of the prior
4192	notification by the department division.
4193	(3)  All specimens collected under a permit issued by the
4194	department division or under the procedures adopted for
4195	accredited institutions shall belong to the state with the title
4196	thereto vested in the department division for the purpose of
4197	administration and protection. The department division may
4198	arrange for the disposition of the specimens so collected by
4199	accredited state institutions at those institutions and for the
4200	temporary or permanent loan of such specimens at permitholding
4201	institutions for the purpose of further scientific study,
4202	interpretative displays, and curatorial responsibilities.
4203	Section 135.  Subsections (1) and (2) of section 267.13,
4204	Florida Statutes, are amended to read:
4205	267.13  Prohibited practices; penalties.--
4206	(1)(a)  Any person who by means other than excavation
4207	either conducts archaeological field investigations on, or
4208	removes or attempts to remove, or defaces, destroys, or
4209	otherwise alters any archaeological site or specimen located
4210	upon, any land owned or controlled by the state or within the
4211	boundaries of a designated state archaeological landmark or
4212	landmark zone, except in the course of activities pursued under
4213	the authority of a permit or under procedures relating to
4214	accredited institutions granted by the department division,
4215	commits a misdemeanor of the first degree, punishable as
4216	provided in s. 775.082 or s. 775.083, and, in addition, shall
4217	forfeit to the state all specimens, objects, and materials
4218	collected, together with all photographs and records relating to
4219	such material.
4220	(b)  Any person who by means of excavation either conducts
4221	archaeological field investigations on, or removes or attempts
4222	to remove, or defaces, destroys, or otherwise alters any
4223	archaeological site or specimen located upon, any land owned or
4224	controlled by the state or within the boundaries of a designated
4225	state archaeological landmark or landmark zone, except in the
4226	course of activities pursued under the authority of a permit or
4227	under procedures relating to accredited institutions granted by
4228	the department division, commits a felony of the third degree,
4229	punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
4230	and any vehicle or equipment of any person used in connection
4231	with the violation is subject to forfeiture to the state if it
4232	is determined by any court of law that the vehicle or equipment
4233	was involved in the violation.  Such person shall forfeit to the
4234	state all specimens, objects, and materials collected or
4235	excavated, together with all photographs and records relating to
4236	such material.  The court may also order the defendant to make
4237	restitution to the state for the archaeological or commercial
4238	value and cost of restoration and repair as defined in
4239	subsection (4).
4240	(c)  Any person who offers for sale or exchange any object
4241	with knowledge that it has previously been collected or
4242	excavated in violation of any of the terms of ss. 267.11-267.14,
4243	or who procures, counsels, solicits, or employs any other person
4244	to violate any prohibition contained in ss. 267.11-267.14 or to
4245	sell, purchase, exchange, transport, receive, or offer to sell,
4246	purchase, or exchange any archaeological resource excavated or
4247	removed from any land owned or controlled by the state or within
4248	the boundaries of a designated state archaeological landmark or
4249	landmark zone, except with the express consent of the department
4250	division, commits a felony of the third degree, punishable as
4251	provided in s. 775.082, s. 775.083, or s. 775.084, and any
4252	vehicle or equipment of any person used in connection with the
4253	violation is subject to forfeiture to the state if it is
4254	determined by any court of law that such vehicle or equipment
4255	was involved in the violation.  All specimens, objects, and
4256	material collected or excavated, together with all photographs
4257	and records relating to such material, shall be forfeited to the
4258	state.  The court may also order the defendant to make
4259	restitution to the state for the archaeological or commercial
4260	value and cost of restoration and repair as defined in
4261	subsection (4).
4262	(2)(a)  The department division may institute an
4263	administrative proceeding to impose an administrative fine of
4264	not more than $500 a day on any person or business organization
4265	that, without written permission of the department division,
4266	explores for, salvages, or excavates treasure trove, artifacts,
4267	sunken or abandoned ships, or other objects having historical or
4268	archaeological value located on state-owned or state-controlled
4269	lands, including state sovereignty submerged lands.
4270	(b)  The department division shall institute an
4271	administrative proceeding by serving written notice of a
4272	violation by certified mail upon the alleged violator. The
4273	notice shall specify the law or rule allegedly violated and the
4274	facts upon which the allegation is based. The notice shall also
4275	specify the amount of the administrative fine sought by the
4276	department division.  The fine shall not become due until after
4277	service of notice and an administrative hearing. However, the
4278	alleged violator shall have 20 days from service of notice to
4279	request an administrative hearing.  Failure to respond within
4280	that time shall constitute a waiver, and the fine shall become
4281	due without a hearing.
4282	(c)  The department division may enter its judgment for the
4283	amount of the administrative penalty imposed in a court of
4284	competent jurisdiction, pursuant to s. 120.69.  The judgment may
4285	be enforced as any other judgment.
4286	(d)  The department division may apply to a court of
4287	competent jurisdiction for injunctive relief against any person
4288	or business organization that explores for, salvages, or
4289	excavates treasure trove, artifacts, sunken or abandoned ships,
4290	or other objects having historical or archaeological value
4291	located on state-owned or state-controlled land, including state
4292	sovereignty submerged land, without the written permission of
4293	the department division.
4294	Section 136.  Section 267.135, Florida Statutes, is amended
4295	to read:
4296	267.135  Location of archaeological sites.--Any information
4297	identifying the location of archaeological sites contained in
4298	site files or other records maintained by the Division of
4299	Historical Resources of the Department of State is exempt from
4300	the provisions of s. 119.07(1) and s. 24(a) of Art. I of the
4301	State Constitution, if the department Division of Historical
4302	Resources finds that disclosure of such information will create
4303	a substantial risk of harm, theft, or destruction at such sites.
4304	This section is subject to the Open Government Sunset Review Act
4305	in accordance with s. 119.15 and expires on October 2, 2006,
4306	unless reviewed and reenacted by the Legislature.
4307	Section 137.  Section 267.14, Florida Statutes, is amended
4308	to read:
4309	267.14  Legislative intent.--It is hereby declared to be
4310	the public policy of the state to preserve archaeological sites
4311	and objects of antiquity for the public benefit and to limit
4312	exploration, excavation, and collection of such matters to
4313	qualified persons and educational institutions possessing the
4314	requisite skills and purpose to add to the general store of
4315	knowledge concerning history, archaeology, and anthropology. It
4316	is further declared to be the public policy of the state that
4317	field investigation activities on privately owned lands should
4318	be discouraged except in accordance with both the provisions and
4319	spirit of ss. 267.11-267.14; and persons having knowledge of the
4320	location of archaeological sites are encouraged to communicate
4321	such information to the department division.
4322	Section 138.  Section 267.16, Florida Statutes, is amended
4323	to read:
4324	267.16  Florida Folklife Programs.--It is the duty and
4325	responsibility of the Department of State division to:
4326	(1)  Identify, research, interpret, and present Florida
4327	folk arts, artists, performers, folklore, traditions, customs,
4328	and cultural heritage and make folk cultural resources and
4329	folklife projects available throughout the state. The department
4330	division shall compile, edit, publish, and print directories,
4331	books, articles, pamphlets, and other folklife materials to
4332	disseminate information about folk cultural resources. The
4333	department division may sponsor conferences, workshops,
4334	festivals, lectures, and exhibitions on Florida folklife and
4335	promote the folk cultural resources of the state.
4336	(2)  Adopt rules necessary to carry out its duties and
4337	responsibilities with respect to such programs; enter into
4338	contracts and agreements with other agencies, organizations,
4339	associations, corporations, individuals, or federal agencies
4340	necessary to carry out its duties; and seek and accept gifts,
4341	grants, bequests, loans, and endowments for purposes consistent
4342	with its responsibilities.
4343	(3)  Use the facilities at the Stephen Foster State Folk
4344	Culture Center as the primary location of the annual Florida
4345	Folk Festival.
4346	(3)(4)  Adopt rules by which it may advance or reimburse
4347	travel and per diem expenses, in the amount and manner provided
4348	in s. 112.061, to folklife informants and participants in the
4349	Florida Folklife Programs.
4350	(4)(5)  Employ a state folklorist, and such other
4351	folklorists as deemed necessary, who shall possess such
4352	qualifications as the department prescribes division may
4353	prescribe. The state folklorist shall serve at the pleasure of
4354	the Secretary of State division director and shall have his or
4355	her duties prescribed by the Secretary of State division
4356	director.
4357	Section 139.  Section 267.161, Florida Statutes, is amended
4358	to read:
4359	267.161  Florida Folklife Council.--
4360	(1)(a)  The Florida Folklife Council is created as a part
4361	of the Department of State, to consist of seven members
4362	appointed by the Secretary of State.  The Secretary of State
4363	shall appoint each member for a 4-year term and shall appoint a
4364	successor for each member within 90 days after the expiration of
4365	the member's term. The Secretary of State shall fill any vacancy
4366	for the remainder of the unexpired term within 90 days after the
4367	vacancy occurs. Members shall be appointed to provide
4368	geographical, ethnic, and professional representation on the
4369	council.
4370	(b)  The council shall meet at the call of its chair, at
4371	the request of a majority of its membership, at the request of
4372	the department division, or at such times as may be prescribed
4373	by its rules. The council shall annually elect from its
4374	membership a chair and vice chair. No member may be elected to
4375	consecutive terms as chair.
4376	(c)  Members of the council shall serve without
4377	compensation or honorarium, but shall be entitled to receive
4378	reimbursement for per diem and travel expenses incurred in the
4379	performance of their duties as provided in s. 112.061.
4380	(d)  All actions taken by the council must be by majority
4381	vote of those present. The Secretary of State may designate the
4382	state folklorist or any other division director or the
4383	director's designee to shall serve without voting rights as
4384	secretary of the council. The department division must provide
4385	necessary staff assistance to the council.
4386	(2)  The council shall:
4387	(a)  Advise and assist the department division and the
4388	state folklorist with respect to folk arts, folklife, and the
4389	following goals of the Florida Folklife Programs:
4390	1.  The stimulation and encouragement of statewide public
4391	interest and participation in folk arts and folklore; and
4392	2.  The development and promotion of Florida folk artists,
4393	performers, festivals, folklife projects, and folk resources.
4394	(b)  Recommend to the department division and the state
4395	folklorist projects for the identification, collection, and
4396	preservation of Florida folklore, folk arts, traditions,
4397	cultural heritage, skills, and customs and make these resources
4398	available throughout the state.
4399	(c)  Assist the state folklorist in developing proposals
4400	and grant applications to fund projects of the Florida Folklife
4401	Programs.
4402	Section 140.  Subsections (1) and (2) of section 267.17,
4403	Florida Statutes, are amended to read:
4404	267.17  Citizen support organizations; use of state
4405	administrative services and property; audit.--
4406	(1)  CITIZEN SUPPORT ORGANIZATIONS.--The Department of
4407	State division may support the establishment of citizen support
4408	organizations to provide assistance, funding, and promotional
4409	support for the archaeology, museum, folklife, and historic
4410	preservation programs of the department division. For the
4411	purposes of this section, a "citizen support organization" shall
4412	mean an organization that which is:
4413	(a)  A Florida corporation not for profit incorporated
4414	under the provisions of chapter 617 and approved by the
4415	Department of State;
4416	(b)  Organized and operated to conduct programs and
4417	activities; raise funds; request and receive grants, gifts, and
4418	bequests of money; acquire, receive, hold, invest, and
4419	administer, in its own name, securities, funds, objects of
4420	value, or other property, real or personal; and make
4421	expenditures to or for the direct or indirect benefit of the
4422	department division or individual program units of the
4423	department division;
4424	(c)  Determined by the department division to be consistent
4425	with the goals of the department division and in the best
4426	interests of the state; and
4427	(d)  Approved in writing by the department division to
4428	operate for the direct or indirect benefit of the department
4429	division; such approval shall be given in a letter of agreement
4430	from the department division.
4431	(2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--
4432	(a)  The department division may fix and collect charges
4433	for the rental of facilities and properties managed by the
4434	department division and may permit, without charge, appropriate
4435	use of administrative services, property, and facilities of the
4436	department division by a citizen support organization, subject
4437	to the provisions of this section. Such use must be directly in
4438	keeping with the approved purposes of the citizen support
4439	organization and may not be made at times or places that would
4440	unreasonably interfere with opportunities for the general public
4441	to use such facilities for established purposes. Any moneys
4442	received from rentals of facilities and properties managed by
4443	the department division may be held in the operating trust fund
4444	of the department division or in a separate depository account
4445	in the name of the citizen support organization and subject to
4446	the provisions of the letter of agreement with the department
4447	division.
4448	(b)  The department division may prescribe by rule any
4449	condition with which a citizen support organization shall comply
4450	in order to use department division administrative services,
4451	property, or facilities.
4452	(c)  The department division shall not permit the use of
4453	any administrative services, property, or facilities of the
4454	state by a citizen support organization that which does not
4455	provide equal membership and employment opportunities to all
4456	persons regardless of race, color, religion, sex, age, or
4457	national origin.
4458	Section 141.  Subsection (5) of section 267.173, Florida
4459	Statutes, is amended to read:
4460	267.173  Historic preservation in West Florida; goals;
4461	contracts for historic preservation; powers and duties.--
4462	(5)  The Division of Historical Resources in the Department
4463	of State may contract with the University of West Florida to
4464	serve as the regional office for the West Florida region of the
4465	state from the Apalachicola River to the western boundaries of
4466	the state.  In lieu of the establishment of a citizen support
4467	organization as required by s. 267.031(5)(m), the University of
4468	West Florida may use an existing direct-support organization of
4469	the university provided that the membership of the direct-
4470	support organization is representative of the area of the state
4471	to be served and provides the needed expertise in the area of
4472	historic preservation.
4473	Section 142.  Subsection (1), paragraph (a) of subsection
4474	(2), and subsection (4) of section 286.001, Florida Statutes,
4475	are amended to read:
4476	286.001  Reports statutorily required; filing, maintenance,
4477	retrieval, and provision of copies.--
4478	(1)  Unless otherwise specifically provided by law, any
4479	agency or officer of the executive, legislative, or judicial
4480	branches of state government, the State Board of Community
4481	Colleges, the Board of Regents, or the Public Service Commission
4482	required or authorized by law to make reports regularly or
4483	periodically shall fulfill such requirement by filing an
4484	abstract of the report with the statutorily or administratively
4485	designated recipients of the report and an abstract and one copy
4486	of the report with the State Library, Archives, and Records
4487	Services Office Division of Library and Information Services of
4488	the Department of State, unless the head of the reporting entity
4489	makes a determination that the additional cost of providing the
4490	entire report to the statutorily or administratively designated
4491	recipients is justified.  A one-page summary justifying the
4492	determination shall be submitted to the chairs of the
4493	governmental operations committees of both houses of the
4494	Legislature. The abstract of the contents of such report shall
4495	be no more than one-half page in length.  The actual report
4496	shall be retained by the reporting agency or officer, and copies
4497	of the report shall be provided to interested parties and the
4498	statutorily or administratively designated recipients of the
4499	report upon request.
4500	(2)  With respect to reports statutorily required of
4501	agencies or officers within the executive, legislative, or
4502	judicial branches of state government, the State Board of
4503	Community Colleges, the Board of Regents, or the Public Service
4504	Commission, it is the duty of the office division, in addition
4505	to its duties under s. 257.05, to:
4506	(a)  Regularly compile and update bibliographic information
4507	on such reports for distribution as provided in paragraph (b).
4508	Such bibliographic information may be included in the
4509	bibliographies prepared by the Department of State division
4510	pursuant to s. 257.05(3)(c).
4511	(4)  Nothing in this section shall be construed to waive or
4512	modify the requirement in s. 257.05(2) pertaining to the
4513	provision of copies of public documents to the Department of
4514	State division.
4515	Section 143.  Paragraphs (b) and (e) of subsection (19) of
4516	section 380.06, Florida Statutes, are amended to read:
4517	380.06  Developments of regional impact.--
4518	(19)  SUBSTANTIAL DEVIATIONS.--
4519	(b)  Any proposed change to a previously approved
4520	development of regional impact or development order condition
4521	which, either individually or cumulatively with other changes,
4522	exceeds any of the following criteria shall constitute a
4523	substantial deviation and shall cause the development to be
4524	subject to further development-of-regional-impact review without
4525	the necessity for a finding of same by the local government:
4526	1.  An increase in the number of parking spaces at an
4527	attraction or recreational facility by 5 percent or 300 spaces,
4528	whichever is greater, or an increase in the number of spectators
4529	that may be accommodated at such a facility by 5 percent or
4530	1,000 spectators, whichever is greater.
4531	2.  A new runway, a new terminal facility, a 25-percent
4532	lengthening of an existing runway, or a 25-percent increase in
4533	the number of gates of an existing terminal, but only if the
4534	increase adds at least three additional gates.  However, if an
4535	airport is located in two counties, a 10-percent lengthening of
4536	an existing runway or a 20-percent increase in the number of
4537	gates of an existing terminal is the applicable criteria.
4538	3.  An increase in the number of hospital beds by 5 percent
4539	or 60 beds, whichever is greater.
4540	4.  An increase in industrial development area by 5 percent
4541	or 32 acres, whichever is greater.
4542	5.  An increase in the average annual acreage mined by 5
4543	percent or 10 acres, whichever is greater, or an increase in the
4544	average daily water consumption by a mining operation by 5
4545	percent or 300,000 gallons, whichever is greater.  An increase
4546	in the size of the mine by 5 percent or 750 acres, whichever is
4547	less.
4548	6.  An increase in land area for office development by 5
4549	percent or an increase of gross floor area of office development
4550	by 5 percent or 60,000 gross square feet, whichever is greater.
4551	7.  An increase in the storage capacity for chemical or
4552	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
4553	million pounds, whichever is greater.
4554	8.  An increase of development at a waterport of wet
4555	storage for 20 watercraft, dry storage for 30 watercraft, or
4556	wet/dry storage for 60 watercraft in an area identified in the
4557	state marina siting plan as an appropriate site for additional
4558	waterport development or a 5-percent increase in watercraft
4559	storage capacity, whichever is greater.
4560	9.  An increase in the number of dwelling units by 5
4561	percent or 50 dwelling units, whichever is greater.
4562	10.  An increase in commercial development by 50,000 square
4563	feet of gross floor area or of parking spaces provided for
4564	customers for 300 cars or a 5-percent increase of either of
4565	these, whichever is greater.
4566	11.  An increase in hotel or motel facility units by 5
4567	percent or 75 units, whichever is greater.
4568	12.  An increase in a recreational vehicle park area by 5
4569	percent or 100 vehicle spaces, whichever is less.
4570	13.  A decrease in the area set aside for open space of 5
4571	percent or 20 acres, whichever is less.
4572	14.  A proposed increase to an approved multiuse
4573	development of regional impact where the sum of the increases of
4574	each land use as a percentage of the applicable substantial
4575	deviation criteria is equal to or exceeds 100 percent. The
4576	percentage of any decrease in the amount of open space shall be
4577	treated as an increase for purposes of determining when 100
4578	percent has been reached or exceeded.
4579	15.  A 15-percent increase in the number of external
4580	vehicle trips generated by the development above that which was
4581	projected during the original development-of-regional-impact
4582	review.
4583	16.  Any change which would result in development of any
4584	area which was specifically set aside in the application for
4585	development approval or in the development order for
4586	preservation or special protection of endangered or threatened
4587	plants or animals designated as endangered, threatened, or
4588	species of special concern and their habitat, primary dunes, or
4589	archaeological and historical sites designated as significant by
4590	the Division of Historical Resources of the Department of State.
4591	The further refinement of such areas by survey shall be
4592	considered under sub-subparagraph (e)5.b.
4593
4594	The substantial deviation numerical standards in subparagraphs
4595	4., 6., 10., 14., excluding residential uses, and 15., are
4596	increased by 100 percent for a project certified under s.
4597	403.973 which creates jobs and meets criteria established by the
4598	Office of Tourism, Trade, and Economic Development as to its
4599	impact on an area's economy, employment, and prevailing wage and
4600	skill levels. The substantial deviation numerical standards in
4601	subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
4602	percent for a project located wholly within an urban infill and
4603	redevelopment area designated on the applicable adopted local
4604	comprehensive plan future land use map and not located within
4605	the coastal high hazard area.
4606	(e)1.  Except for a development order rendered pursuant to
4607	subsection (22) or subsection (25), a proposed change to a
4608	development order that individually or cumulatively with any
4609	previous change is less than any numerical criterion contained
4610	in subparagraphs (b)1.-15. and does not exceed any other
4611	criterion, or that involves an extension of the buildout date of
4612	a development, or any phase thereof, of less than 5 years is not
4613	subject to the public hearing requirements of subparagraph
4614	(f)3., and is not subject to a determination pursuant to
4615	subparagraph (f)5. Notice of the proposed change shall be made
4616	to the regional planning council and the state land planning
4617	agency. Such notice shall include a description of previous
4618	individual changes made to the development, including changes
4619	previously approved by the local government, and shall include
4620	appropriate amendments to the development order.
4621	2.  The following changes, individually or cumulatively
4622	with any previous changes, are not substantial deviations:
4623	a.  Changes in the name of the project, developer, owner,
4624	or monitoring official.
4625	b.  Changes to a setback that do not affect noise buffers,
4626	environmental protection or mitigation areas, or archaeological
4627	or historical resources.
4628	c.  Changes to minimum lot sizes.
4629	d.  Changes in the configuration of internal roads that do
4630	not affect external access points.
4631	e.  Changes to the building design or orientation that stay
4632	approximately within the approved area designated for such
4633	building and parking lot, and which do not affect historical
4634	buildings designated as significant by the Division of
4635	Historical Resources of the Department of State.
4636	f.  Changes to increase the acreage in the development,
4637	provided that no development is proposed on the acreage to be
4638	added.
4639	g.  Changes to eliminate an approved land use, provided
4640	that there are no additional regional impacts.
4641	h.  Changes required to conform to permits approved by any
4642	federal, state, or regional permitting agency, provided that
4643	these changes do not create additional regional impacts.
4644	i.  Any renovation or redevelopment of development within a
4645	previously approved development of regional impact which does
4646	not change land use or increase density or intensity of use.
4647	j.  Any other change which the state land planning agency
4648	agrees in writing is similar in nature, impact, or character to
4649	the changes enumerated in sub-subparagraphs a.-i. and which does
4650	not create the likelihood of any additional regional impact.
4651
4652	This subsection does not require a development order amendment
4653	for any change listed in sub-subparagraphs a.-j. unless such
4654	issue is addressed either in the existing development order or
4655	in the application for development approval, but, in the case of
4656	the application, only if, and in the manner in which, the
4657	application is incorporated in the development order.
4658	3.  Except for the change authorized by sub-subparagraph
4659	2.f., any addition of land not previously reviewed or any change
4660	not specified in paragraph (b) or paragraph (c) shall be
4661	presumed to create a substantial deviation.  This presumption
4662	may be rebutted by clear and convincing evidence.
4663	4.  Any submittal of a proposed change to a previously
4664	approved development shall include a description of individual
4665	changes previously made to the development, including changes
4666	previously approved by the local government.  The local
4667	government shall consider the previous and current proposed
4668	changes in deciding whether such changes cumulatively constitute
4669	a substantial deviation requiring further development-of-
4670	regional-impact review.
4671	5.  The following changes to an approved development of
4672	regional impact shall be presumed to create a substantial
4673	deviation.  Such presumption may be rebutted by clear and
4674	convincing evidence.
4675	a.  A change proposed for 15 percent or more of the acreage
4676	to a land use not previously approved in the development order.
4677	Changes of less than 15 percent shall be presumed not to create
4678	a substantial deviation.
4679	b.  Except for the types of uses listed in subparagraph
4680	(b)16., any change which would result in the development of any
4681	area which was specifically set aside in the application for
4682	development approval or in the development order for
4683	preservation, buffers, or special protection, including habitat
4684	for plant and animal species, archaeological and historical
4685	sites, dunes, and other special areas.
4686	c.  Notwithstanding any provision of paragraph (b) to the
4687	contrary, a proposed change consisting of simultaneous increases
4688	and decreases of at least two of the uses within an authorized
4689	multiuse development of regional impact which was originally
4690	approved with three or more uses specified in s. 380.0651(3)(c),
4691	(d), (f), and (g) and residential use.
4692	Section 144.  Paragraph (a) of subsection (3) and paragraph
4693	(a) of subsection (6) of section 380.061, Florida Statutes, are
4694	amended to read:
4695	380.061  The Florida Quality Developments program.--
4696	(3)(a)  To be eligible for designation under this program,
4697	the developer shall comply with each of the following
4698	requirements which is applicable to the site of a qualified
4699	development:
4700	1.  Have donated or entered into a binding commitment to
4701	donate the fee or a lesser interest sufficient to protect, in
4702	perpetuity, the natural attributes of the types of land listed
4703	below. In lieu of the above requirement, the developer may enter
4704	into a binding commitment which runs with the land to set aside
4705	such areas on the property, in perpetuity, as open space to be
4706	retained in a natural condition or as otherwise permitted under
4707	this subparagraph. Under the requirements of this subparagraph,
4708	the developer may reserve the right to use such areas for the
4709	purpose of passive recreation that is consistent with the
4710	purposes for which the land was preserved.
4711	a.  Those wetlands and water bodies throughout the state as
4712	would be delineated if the provisions of s. 373.4145(1)(b) were
4713	applied. The developer may use such areas for the purpose of
4714	site access, provided other routes of access are unavailable or
4715	impracticable; may use such areas for the purpose of stormwater
4716	or domestic sewage management and other necessary utilities to
4717	the extent that such uses are permitted pursuant to chapter 403;
4718	or may redesign or alter wetlands and water bodies within the
4719	jurisdiction of the Department of Environmental Protection which
4720	have been artificially created, if the redesign or alteration is
4721	done so as to produce a more naturally functioning system.
4722	b.  Active beach or primary and, where appropriate,
4723	secondary dunes, to maintain the integrity of the dune system
4724	and adequate public accessways to the beach. However, the
4725	developer may retain the right to construct and maintain
4726	elevated walkways over the dunes to provide access to the beach.
4727	c.  Known archaeological sites determined to be of
4728	significance by the Division of Historical Resources of the
4729	Department of State.
4730	d.  Areas known to be important to animal species
4731	designated as endangered or threatened animal species by the
4732	United States Fish and Wildlife Service or by the Fish and
4733	Wildlife Conservation Commission, for reproduction, feeding, or
4734	nesting; for traveling between such areas used for reproduction,
4735	feeding, or nesting; or for escape from predation.
4736	e.  Areas known to contain plant species designated as
4737	endangered plant species by the Department of Agriculture and
4738	Consumer Services.
4739	2.  Produce, or dispose of, no substances designated as
4740	hazardous or toxic substances by the United States Environmental
4741	Protection Agency or by the Department of Environmental
4742	Protection or the Department of Agriculture and Consumer
4743	Services. This subparagraph is not intended to apply to the
4744	production of these substances in nonsignificant amounts as
4745	would occur through household use or incidental use by
4746	businesses.
4747	3.  Participate in a downtown reuse or redevelopment
4748	program to improve and rehabilitate a declining downtown area.
4749	4.  Incorporate no dredge and fill activities in, and no
4750	stormwater discharge into, waters designated as Class II,
4751	aquatic preserves, or Outstanding Florida Waters, except as
4752	activities in those waters are permitted pursuant to s.
4753	403.813(2) and the developer demonstrates that those activities
4754	meet the standards under Class II waters, Outstanding Florida
4755	Waters, or aquatic preserves, as applicable.
4756	5.  Include open space, recreation areas, Xeriscape as
4757	defined in s. 373.185, and energy conservation and minimize
4758	impermeable surfaces as appropriate to the location and type of
4759	project.
4760	6.  Provide for construction and maintenance of all onsite
4761	infrastructure necessary to support the project and enter into a
4762	binding commitment with local government to provide an
4763	appropriate fair-share contribution toward the offsite impacts
4764	which the development will impose on publicly funded facilities
4765	and services, except offsite transportation, and condition or
4766	phase the commencement of development to ensure that public
4767	facilities and services, except offsite transportation, will be
4768	available concurrent with the impacts of the development. For
4769	the purposes of offsite transportation impacts, the developer
4770	shall comply, at a minimum, with the standards of the state land
4771	planning agency's development-of-regional-impact transportation
4772	rule, the approved strategic regional policy plan, any
4773	applicable regional planning council transportation rule, and
4774	the approved local government comprehensive plan and land
4775	development regulations adopted pursuant to part II of chapter
4776	163.
4777	7.  Design and construct the development in a manner that
4778	is consistent with the adopted state plan, the applicable
4779	strategic regional policy plan, and the applicable adopted local
4780	government comprehensive plan.
4781	(6)(a)  In the event that the development is not designated
4782	under subsection (5), the developer may appeal that
4783	determination to the Quality Developments Review Board. The
4784	board shall consist of the secretary of the state land planning
4785	agency, the Secretary of Environmental Protection and a member
4786	designated by the secretary, the Secretary of Transportation,
4787	the executive director of the Fish and Wildlife Conservation
4788	Commission, the executive director of the appropriate water
4789	management district created pursuant to chapter 373, and the
4790	chief executive officer of the appropriate local government.
4791	When there is a significant historical or archaeological site
4792	within the boundaries of a development which is appealed to the
4793	board, the Secretary director of the Division of Historical
4794	Resources of the Department of State shall also sit on the
4795	board. The staff of the state land planning agency shall serve
4796	as staff to the board.
4797	Section 145.  Section 380.285, Florida Statutes, is amended
4798	to read:
4799	380.285  Lighthouses; study; preservation; funding.--The
4800	Department of Community Affairs and the Division of Historical
4801	Resources of the Department of State shall undertake a study of
4802	the lighthouses in the state. The study must determine the
4803	location, ownership, condition, and historical significance of
4804	all lighthouses in the state and ensure that all historically
4805	significant lighthouses are nominated for inclusion on the
4806	National Register of Historic Places. The study must assess the
4807	condition and restoration needs of historic lighthouses and
4808	develop plans for appropriate future public access and use. The
4809	Department of State Division of Historical Resources shall take
4810	a leadership role in implementing plans to stabilize lighthouses
4811	and associated structures and to preserve and protect them from
4812	future deterioration. When possible, the lighthouses and
4813	associated buildings should be made available to the public for
4814	educational and recreational purposes. The Department of State
4815	shall request in its annual legislative budget requests funding
4816	necessary to carry out the duties and responsibilities specified
4817	in this act. Funds for the rehabilitation of lighthouses should
4818	be allocated through matching grants-in-aid to state and local
4819	government agencies and to nonprofit organizations. The
4820	Department of Environmental Protection may assist the Department
4821	of State Division of Historical Resources in projects to
4822	accomplish the goals and activities described in this section.
4823	Section 146.  Paragraph (a) of subsection (2) of section
4824	403.941, Florida Statutes, is amended to read:
4825	403.941  Preliminary statements of issues, reports, and
4826	studies.--
4827	(2)(a)  The affected agencies shall prepare reports as
4828	provided in this paragraph and shall submit them to the
4829	department and the applicant within 60 days after the
4830	application is determined sufficient:
4831	1.  The department shall prepare a report as to the impact
4832	of each proposed natural gas transmission pipeline or corridor
4833	as it relates to matters within its jurisdiction.
4834	2.  Each water management district in the jurisdiction of
4835	which a proposed natural gas transmission pipeline or corridor
4836	is to be located shall prepare a report as to the impact on
4837	water resources and other matters within its jurisdiction.
4838	3.  The Department of Community Affairs shall prepare a
4839	report containing recommendations which address the impact upon
4840	the public of the proposed natural gas transmission pipeline or
4841	corridor, based on the degree to which the proposed natural gas
4842	transmission pipeline or corridor is consistent with the
4843	applicable portions of the state comprehensive plan and other
4844	matters within its jurisdiction. The Department of Community
4845	Affairs may also comment on the consistency of the proposed
4846	natural gas transmission pipeline or corridor with applicable
4847	strategic regional policy plans or local comprehensive plans and
4848	land development regulations.
4849	4.  The Fish and Wildlife Conservation Commission shall
4850	prepare a report as to the impact of each proposed natural gas
4851	transmission pipeline or corridor on fish and wildlife resources
4852	and other matters within its jurisdiction.
4853	5.  Each local government in which the natural gas
4854	transmission pipeline or natural gas transmission pipeline
4855	corridor will be located shall prepare a report as to the impact
4856	of each proposed natural gas transmission pipeline or corridor
4857	on matters within its jurisdiction, including the consistency of
4858	the proposed natural gas transmission pipeline or corridor with
4859	all applicable local ordinances, regulations, standards, or
4860	criteria that apply to the proposed natural gas transmission
4861	pipeline or corridor, including local comprehensive plans,
4862	zoning regulations, land development regulations, and any
4863	applicable local environmental regulations adopted pursuant to
4864	s. 403.182 or by other means. No change by the responsible local
4865	government or local agency in local comprehensive plans, zoning
4866	ordinances, or other regulations made after the date required
4867	for the filing of the local government's report required by this
4868	section shall be applicable to the certification of the proposed
4869	natural gas transmission pipeline or corridor unless the
4870	certification is denied or the application is withdrawn.
4871	6.  Each regional planning council in which the natural gas
4872	transmission pipeline or natural gas transmission pipeline
4873	corridor will be located shall present a report containing
4874	recommendations that address the impact upon the public of the
4875	proposed natural gas transmission pipeline or corridor, based on
4876	the degree to which the natural gas transmission pipeline or
4877	corridor is consistent with the applicable provisions of the
4878	strategic regional policy plan adopted pursuant to chapter 186
4879	and other impacts of each proposed natural gas transmission
4880	pipeline or corridor on matters within its jurisdiction.
4881	7.  The Department of Transportation shall prepare a report
4882	on the effect of the natural gas transmission pipeline or
4883	natural gas transmission pipeline corridor on matters within its
4884	jurisdiction, including roadway crossings by the pipeline. The
4885	report shall contain at a minimum:
4886	a.  A report by the applicant to the department stating
4887	that all requirements of the department's utilities
4888	accommodation guide have been or will be met in regard to the
4889	proposed pipeline or pipeline corridor; and
4890	b.  A statement by the department as to the adequacy of the
4891	report to the department by the applicant.
4892	8.  The Department of State, Division of Historical
4893	Resources, shall prepare a report on the impact of the natural
4894	gas transmission pipeline or natural gas transmission pipeline
4895	corridor on matters within its jurisdiction over historical
4896	resources.
4897	9.  The commission shall prepare a report addressing
4898	matters within its jurisdiction. The commission's report shall
4899	include its determination of need issued pursuant to s.
4900	403.9422.
4901	Section 147.  Paragraph (a) of subsection (4) of section
4902	403.9411, Florida Statutes, is amended to read:
4903	403.9411  Notice; proceedings; parties and participants.--
4904	(4)(a)  Parties to the proceeding shall be:
4905	1.  The applicant.
4906	2.  The department.
4907	3.  The commission.
4908	4.  The Department of Community Affairs.
4909	5.  The Fish and Wildlife Conservation Commission.
4910	6.  Each water management district in the jurisdiction of
4911	which the proposed natural gas transmission pipeline or corridor
4912	is to be located.
4913	7.  The local government.
4914	8.  The regional planning council.
4915	9.  The Department of Transportation.
4916	10.  The Department of State, Division of Historical
4917	Resources.
4918	Section 148.  Paragraph (h) of subsection (1) of section
4919	413.011, Florida Statutes, is amended to read:
4920	413.011  Division of Blind Services, internal
4921	organizational structure; Advisory Council for the Blind.--
4922	(1)  The internal organizational structure of the Division
4923	of Blind Services shall be designed for the purpose of ensuring
4924	the greatest possible efficiency and effectiveness of services
4925	to the blind and to be consistent with chapter 20.  The Division
4926	of Blind Services shall plan, supervise, and carry out the
4927	following activities:
4928	(h)  Cooperate with other agencies, public or private,
4929	especially the Division of the Blind and Physically Handicapped
4930	of the Library of Congress and the State Library, Archives, and
4931	Records Services Office Division of Library and Information
4932	Services of the Department of State, to provide library service
4933	to the blind and other handicapped persons as defined in federal
4934	law and regulations in carrying out any or all of the provisions
4935	of this law.
4936	Section 149.  Subsection (9) of section 440.02, Florida
4937	Statutes, and paragraph (b) of subsection (15), as amended by
4938	section 2 of chapter 2003-412, Laws of Florida, are amended to
4939	read:
4940	440.02  Definitions.--When used in this chapter, unless the
4941	context clearly requires otherwise, the following terms shall
4942	have the following meanings:
4943	(9)  "Corporate officer" or "officer of a corporation"
4944	means any person who fills an office provided for in the
4945	corporate charter or articles of incorporation filed with the
4946	State Recording Office Division of Corporations of the
4947	Department of State or as permitted or required by chapter 607.
4948	As to persons engaged in the construction industry, the term
4949	"officer of a corporation" includes a member owning at least 10
4950	percent of a limited liability company created and approved
4951	under chapter 608.
4952	(15)
4953	(b)  "Employee" includes any person who is an officer of a
4954	corporation and who performs services for remuneration for such
4955	corporation within this state, whether or not such services are
4956	continuous.
4957	1.  Any officer of a corporation may elect to be exempt
4958	from this chapter by filing written notice of the election with
4959	the department as provided in s. 440.05.
4960	2.  As to officers of a corporation who are engaged in the
4961	construction industry, no more than three officers of a
4962	corporation or of any group of affiliated corporations may elect
4963	to be exempt from this chapter by filing written notice of the
4964	election with the department as provided in s. 440.05. Officers
4965	must be shareholders, each owning at least 10 percent of the
4966	stock of such corporation and listed as an officer of such
4967	corporation with the State Recording Office Division of
4968	Corporations of the Department of State, in order to elect
4969	exemptions under this chapter. For purposes of this
4970	subparagraph, the term "affiliated" means and includes one or
4971	more corporations or entities, any one of which is a corporation
4972	engaged in the construction industry, under the same or
4973	substantially the same control of a group of business entities
4974	which are connected or associated so that one entity controls or
4975	has the power to control each of the other business entities.
4976	The term "affiliated" includes, but is not limited to, the
4977	officers, directors, executives, shareholders active in
4978	management, employees, and agents of the affiliated corporation.
4979	The ownership by one business entity of a controlling interest
4980	in another business entity or a pooling of equipment or income
4981	among business entities shall be prima facie evidence that one
4982	business is affiliated with the other.
4983	3.  An officer of a corporation who elects to be exempt
4984	from this chapter by filing a written notice of the election
4985	with the department as provided in s. 440.05 is not an employee.
4986
4987	Services are presumed to have been rendered to the corporation
4988	if the officer is compensated by other than dividends upon
4989	shares of stock of the corporation which the officer owns.
4990	Section 150.  Subsections (3) and (11) of section 440.05,
4991	Florida Statutes, are amended to read:
4992	440.05  Election of exemption; revocation of election;
4993	notice; certification.--
4994	(3)  Each officer of a corporation who is engaged in the
4995	construction industry and who elects an exemption from this
4996	chapter or who, after electing such exemption, revokes that
4997	exemption, must mail a written notice to such effect to the
4998	department on a form prescribed by the department. The notice of
4999	election to be exempt from the provisions of this chapter must
5000	be notarized and under oath. The notice of election to be exempt
5001	which is submitted to the department by the officer of a
5002	corporation who is allowed to claim an exemption as provided by
5003	this chapter must list the name, federal tax identification
5004	number, social security number, all certified or registered
5005	licenses issued pursuant to chapter 489 held by the person
5006	seeking the exemption, a copy of relevant documentation as to
5007	employment status filed with the Internal Revenue Service as
5008	specified by the department, a copy of the relevant occupational
5009	license in the primary jurisdiction of the business, and the
5010	registration number of the corporation filed with the State
5011	Recording Office Division of Corporations of the Department of
5012	State along with a copy of the stock certificate evidencing the
5013	required ownership under this chapter. The notice of election to
5014	be exempt must identify each corporation that employs the person
5015	electing the exemption and must list the social security number
5016	or federal tax identification number of each such employer and
5017	the additional documentation required by this section. In
5018	addition, the notice of election to be exempt must provide that
5019	the officer electing an exemption is not entitled to benefits
5020	under this chapter, must provide that the election does not
5021	exceed exemption limits for officers provided in s. 440.02, and
5022	must certify that any employees of the corporation whose officer
5023	elects an exemption are covered by workers' compensation
5024	insurance. Upon receipt of the notice of the election to be
5025	exempt, receipt of all application fees, and a determination by
5026	the department that the notice meets the requirements of this
5027	subsection, the department shall issue a certification of the
5028	election to the officer, unless the department determines that
5029	the information contained in the notice is invalid. The
5030	department shall revoke a certificate of election to be exempt
5031	from coverage upon a determination by the department that the
5032	person does not meet the requirements for exemption or that the
5033	information contained in the notice of election to be exempt is
5034	invalid. The certificate of election must list the name of the
5035	corporation listed in the request for exemption. A new
5036	certificate of election must be obtained each time the person is
5037	employed by a new or different corporation that is not listed on
5038	the certificate of election. A copy of the certificate of
5039	election must be sent to each workers' compensation carrier
5040	identified in the request for exemption. Upon filing a notice of
5041	revocation of election, an officer who is a subcontractor or an
5042	officer of a corporate subcontractor must notify her or his
5043	contractor. Upon revocation of a certificate of election of
5044	exemption by the department, the department shall notify the
5045	workers' compensation carriers identified in the request for
5046	exemption.
5047	(11)  Any corporate officer permitted by this chapter to
5048	claim an exemption must be listed on the records of this state's
5049	Secretary of State, State Recording Office Division of
5050	Corporations, as a corporate officer. The department shall issue
5051	a stop-work order under s. 440.107(1) to any corporation who
5052	employs a person who claims to be exempt as a corporate officer
5053	but who fails or refuses to produce the documents required under
5054	this subsection to the department within 3 business days after
5055	the request is made.
5056	Section 151.  Paragraph (f) of subsection (5) of section
5057	443.004, Florida Statutes, is amended to read:
5058	445.004  Workforce Florida, Inc.; creation; purpose;
5059	membership; duties and powers.--
5060	(5)  Workforce Florida, Inc., shall have all the powers and
5061	authority, not explicitly prohibited by statute, necessary or
5062	convenient to carry out and effectuate the purposes as
5063	determined by statute, Pub. L. No. 105-220, and the Governor, as
5064	well as its functions, duties, and responsibilities, including,
5065	but not limited to, the following:
5066	(f)  Archiving records with the State Library, Archives,
5067	and Records Services Office Bureau of Archives and Records
5068	Management of the Division of Library and Information Services
5069	of the Department of State.
5070	Section 152.  Subsection (4) of section 468.401, Florida
5071	Statutes, is amended to read:
5072	468.401  Regulation of talent agencies; definitions.--As
5073	used in this part or any rule adopted pursuant hereto:
5074	(4)  "Engagement" means any employment or placement of an
5075	artist, where the artist performs in his or her artistic
5076	capacity. However, the term "engagement" shall not apply to
5077	procuring opera, music, theater, or dance engagements for any
5078	organization defined in s. 501(c)(3) of the Internal Revenue
5079	Code or any nonprofit Florida arts organization that has
5080	received a grant from the Division of Cultural Affairs or the
5081	Art and History Programs Office of the Department of State or
5082	has participated in the state touring program of the division or
5083	the office of Cultural Affairs.
5084	Section 153.  Subsection (21) of section 561.01, Florida
5085	Statutes, is amended to read:
5086	561.01  Definitions.--As used in the Beverage Law:
5087	(21)  For purposes of license qualification pursuant to s.
5088	561.20(2)(a)1. the term "historic structure" means a structure
5089	that is listed on the National Register of Historic Places
5090	pursuant to the National Historic Preservation Act of 1966, or
5091	is within and contributes to a registered historic district
5092	pursuant to 26 U.S.C. s. 48(g)(3)(B), or has been found to meet
5093	the criteria of historical significance of the Division of
5094	Historical Resources of the Department of State, as certified by
5095	that department division or by a locally established historic
5096	preservation board or commission, or like body, which has been
5097	granted authority to designate historically significant
5098	properties by the jurisdiction within which the hotel or motel
5099	is located.
5100	Section 154.  Subsection (4) of section 607.0401, Florida
5101	Statutes, is amended to read:
5102	607.0401  Corporate name.--A corporate name:
5103	(4)  Must be distinguishable from the names of all other
5104	entities or filings, except fictitious name registrations
5105	pursuant to s. 865.09, organized, registered, or reserved under
5106	the laws of this state, which names are on file with the State
5107	Recording Office Division of Corporations.
5108	Section 155.  Paragraph (b) of subsection (1) and
5109	subsection (2) of section 607.1506, Florida Statutes, are
5110	amended to read:
5111	607.1506  Corporate name of foreign corporation.--
5112	(1)  A foreign corporation is not entitled to file an
5113	application for a certificate of authority unless the corporate
5114	name of such corporation satisfies the requirements of s.
5115	607.0401. If the corporate name of a foreign corporation does
5116	not satisfy the requirements of s. 607.0401, the foreign
5117	corporation, to obtain or maintain a certificate of authority to
5118	transact business in this state:
5119	(b)  May use an alternate name to transact business in this
5120	state if its real name is unavailable. Any such alternate
5121	corporate name, adopted for use in this state, shall be cross-
5122	referenced to the real corporate name in the records of the
5123	State Recording Office Division of Corporations. If the
5124	corporation's real corporate name becomes available in this
5125	state or the corporation chooses to change its alternate name, a
5126	copy of the resolution of its board of directors changing or
5127	withdrawing the alternate name, executed as required by s.
5128	607.0120, shall be delivered for filing.
5129	(2)  The corporate name (including the alternate name) of a
5130	foreign corporation must be distinguishable upon the records of
5131	the State Recording Office Division of Corporations from:
5132	(a)  Any corporate name of a corporation incorporated or
5133	authorized to transact business in this state;
5134	(b)  The alternate name of another foreign corporation
5135	authorized to transact business in this state;
5136	(c)  The corporate name of a not-for-profit corporation
5137	incorporated or authorized to transact business in this state;
5138	and
5139	(d)  The names of all other entities or filings, except
5140	fictitious name registrations pursuant to s. 865.09, organized
5141	or registered under the laws of this state that are on file with
5142	the State Recording Office Division of Corporations.
5143	Section 156.  Paragraph (e) of subsection (1) of section
5144	617.0401, Florida Statutes, is amended to read:
5145	617.0401  Corporate name.--
5146	(1)  A corporate name:
5147	(e)  Must be distinguishable from the names of all other
5148	entities or filings, except fictitious name registrations
5149	pursuant to s. 865.09, organized, registered, or reserved under
5150	the laws of this state, that are on file with the State
5151	Recording Office Division of Corporations.
5152	Section 157.  Subsections (2) and (4) of section 617.1506,
5153	Florida Statutes, are amended to read:
5154	617.1506  Corporate name of foreign corporation.--
5155	(2)  The corporate name, including the alternate name, of a
5156	foreign corporation must be distinguishable, within the records
5157	of the State Recording Office Division of Corporations, from:
5158	(a)  The alternate name of another foreign corporation
5159	authorized to transact business in this state.
5160	(b)  The corporate name of a not-for-profit corporation
5161	incorporated or authorized to transact business in this state.
5162	(c)  The names of all other entities or filings, except
5163	fictitious name registrations pursuant to s. 865.09, organized,
5164	or registered under the laws of this state, that are on file
5165	with the State Recording Office Division of Corporations.
5166	(4)  The corporate name must be distinguishable from the
5167	names of all other entities or filings, organized, registered,
5168	or reserved under the laws of the state that are on file with
5169	the State Recording Office Division of Corporations, except
5170	fictitious name registrations pursuant to s. 865.09.
5171	Section 158.  Subsection (3) of section 620.103, Florida
5172	Statutes, is amended to read:
5173	620.103  Name of limited partnership.--The name of each
5174	domestic limited partnership as set forth in its certificate of
5175	limited partnership and the name of each foreign limited
5176	partnership as set forth in its application for registration as
5177	a foreign limited partnership:
5178	(3)  Must be distinguishable from the names of all other
5179	entities or filings, except fictitious name registrations
5180	pursuant to s. 865.09, organized, registered, or reserved under
5181	the laws of this state, the names of which are on file with the
5182	State Recording Office Division of Corporations of the
5183	Department of State.
5184	Section 159.  Paragraph (c) of subsection (2), subsections
5185	(3) and (4), and paragraphs (b) and (c) of subsection (6) of
5186	section 865.09, Florida Statutes, are amended to read:
5187	865.09  Fictitious name registration.--
5188	(2)  DEFINITIONS.--As used in this section:
5189	(c)  "Office Division" means the State Recording Office
5190	Division of Corporations of the Department of State.
5191	(3)  REGISTRATION.--A person may not engage in business
5192	under a fictitious name unless the person first registers the
5193	name with the office division by filing a sworn statement
5194	listing:
5195	(a)  The name to be registered.
5196	(b)  The mailing address of the business.
5197	(c)  The name and address of each owner and, if a
5198	corporation, its federal employer's identification number and
5199	Florida incorporation or registration number.
5200	(d)  Certification by the applicant that the intention to
5201	register such fictitious name has been advertised at least once
5202	in a newspaper as defined in chapter 50 in the county where the
5203	principal place of business of the applicant will be located.
5204	(e)  Any other information the office division may deem
5205	necessary to adequately inform other governmental agencies and
5206	the public as to the persons so conducting business.
5207
5208	Such statement shall be accompanied by the applicable processing
5209	fees and any other taxes or penalties owed to the state.
5210	(4)  CHANGE OF OWNERSHIP.--If the ownership of a business
5211	registered under this section changes, the owner of record with
5212	the office division shall file a cancellation and reregistration
5213	that meets the requirements set forth in subsection (3) within
5214	30 days after the occurrence of such change.
5215	(6)  RENEWAL.--
5216	(b)  In the last year of the registration, the office
5217	division shall mail to the last reported mailing address or to
5218	the address of any registered owner of a name a statement of
5219	renewal.
5220	(c)  If the owner of the name registration fails to file a
5221	renewal and pay the appropriate processing fees prior to
5222	December 31 of the year of expiration, the name registration
5223	expires. The office division shall remove any expired or
5224	canceled name registration from its records and may purge such
5225	registrations. Failure to receive the statement of renewal
5226	required by paragraph (b) shall not constitute grounds for
5227	appeal of a registration's expiration or removal from the
5228	office's division's records.
5229	Section 160.  Subsection (3) of section 872.02, Florida
5230	Statutes, is amended to read:
5231	872.02  Injuring or removing tomb or monument; disturbing
5232	contents of grave or tomb; penalties.--
5233	(3)  This section shall not apply to any person acting
5234	under the direction or authority of the Division of Historical
5235	Resources of the Department of State, to cemeteries operating
5236	under chapter 497, or to any person otherwise authorized by law
5237	to remove or disturb a tomb, monument, gravestone, burial mound,
5238	or similar structure, or its contents, as described in
5239	subsection (1).
5240	Section 161.  Paragraphs (c) and (e) of subsection (2),
5241	paragraphs (b) and (c) of subsection (4), paragraph (c) of
5242	subsection (5), subsections (6), (7), and (8), and paragraph (c)
5243	of subsection (10) of section 872.05, Florida Statutes, are
5244	amended to read:
5245	872.05  Unmarked human burials.--
5246	(2)  DEFINITIONS.--As used in this section:
5247	(c)  "Department Division" means the Division of Historical
5248	Resources of the Department of State.
5249	(e)  "State Archaeologist" means the person employed by the
5250	department division pursuant to s. 267.031(6).
5251	(4)  DISCOVERY OF AN UNMARKED HUMAN BURIAL OTHER THAN
5252	DURING AN ARCHAEOLOGICAL EXCAVATION.--When an unmarked human
5253	burial is discovered other than during an archaeological
5254	excavation authorized by the state or an educational
5255	institution, all activity that may disturb the unmarked human
5256	burial shall cease immediately, and the district medical
5257	examiner shall be notified. Such activity shall not resume
5258	unless specifically authorized by the district medical examiner
5259	or the State Archaeologist.
5260	(b)  If the district medical examiner finds that the
5261	unmarked human burial is not involved in a legal investigation
5262	and represents the burial of an individual who has been dead 75
5263	years or more, he or she shall notify the State Archaeologist,
5264	and the department division may assume jurisdiction over and
5265	responsibility for the unmarked human burial pursuant to
5266	subsection (6).
5267	(c)  When the department division assumes jurisdiction over
5268	an unmarked human burial, the State Archaeologist shall consult
5269	a human skeletal analyst who shall report within 15 days as to
5270	the cultural and biological characteristics of the human
5271	skeletal remains and where such burial or remains should be held
5272	prior to a final disposition.
5273	(5)  DISCOVERY OF AN UNMARKED HUMAN BURIAL DURING AN
5274	ARCHAEOLOGICAL EXCAVATION.--
5275	(c)  Within 15 days after the discovery of an unmarked
5276	human burial, the archaeologist conducting the excavation shall
5277	report to the State Archaeologist his or her opinion regarding
5278	the cultural and biological characteristics of the unmarked
5279	human burial and where human skeletal remains and associated
5280	burial artifacts should be held prior to a final disposition.
5281	The department division may assume jurisdiction over and
5282	responsibility for the unmarked human burial pursuant to
5283	subsection (6).
5284	(6)  JURISDICTION; DUTIES OF THE STATE ARCHAEOLOGIST.--The
5285	department division may assume jurisdiction over and
5286	responsibility for an unmarked human burial in order to initiate
5287	efforts for the proper protection of the burial and the human
5288	skeletal remains and associated burial artifacts.  Whenever the
5289	department division assumes jurisdiction over and responsibility
5290	for an unmarked human burial, the State Archaeologist shall:
5291	(a)  Determine whether the unmarked human burial is
5292	historically, archaeologically, or scientifically significant.
5293	If the burial is deemed significant, reinterment may not occur
5294	until the remains have been examined by a human skeletal analyst
5295	designated by the State Archaeologist.
5296	(b)  Make reasonable efforts to identify and locate persons
5297	who can establish direct kinship, tribal, community, or ethnic
5298	relationships with the individual or individuals whose remains
5299	constitute the unmarked human burial. If possible, the State
5300	Archaeologist shall consult with the closest related family
5301	member or recognized community leaders, if a community or ethnic
5302	relationship is established, in determining the proper
5303	disposition of the remains found in the unmarked human burial.
5304	(c)  If he or she is unable to establish a kinship, tribal,
5305	community, or ethnic relationship with the unmarked human
5306	burial, determine the proper disposition of the burial and
5307	consult with persons with relevant experience, including:
5308	1.  A human skeletal analyst.
5309	2.  Two Native American members of current state tribes
5310	recommended by the Governor's Council on Indian Affairs, Inc.,
5311	if the remains are those of a Native American.
5312	3.  Two representatives of related community or ethnic
5313	groups if the remains are not those of a Native American.
5314	4.  An individual who has special knowledge or experience
5315	regarding the particular type of the unmarked human burial.
5316
5317	If the State Archaeologist finds that an unmarked human burial
5318	is historically, archaeologically, or scientifically significant
5319	and if the parties with whom he or she is required under this
5320	subsection to consult agree, the human skeletal remains and the
5321	associated burial artifacts thereof shall belong to the state
5322	with title thereto vested in the department division.
5323	(7)  REPORT REQUIRED.--The archaeologist and human skeletal
5324	analyst involved in the archaeological excavation and scientific
5325	analysis of an unmarked human burial shall submit a written
5326	report of archaeological and scientific findings as well as a
5327	summary of such findings, in terms that may be understood by
5328	laypersons, to the State Archaeologist within 2 years after
5329	completion of an excavation.  The department division shall
5330	publish the summary within 1 year after its receipt and shall
5331	make such report available upon request.
5332	(8)  PUBLIC DISPLAY.--
5333	(a)  Associated burial artifacts may be made available on
5334	loan by the department division for educational purposes to
5335	institutions that have demonstrated an ability to provide safe,
5336	proper, and respectful care.
5337	(b)  The department division shall develop guidelines and
5338	adopt rules regarding the public display of human remains.  Such
5339	guidelines and rules shall not restrict legal, medical, or
5340	educational use of human skeletal remains, or the display of
5341	human skeletal remains in a manner not objectionable to groups
5342	with a kinship, tribal, community, or ethnic relationship to the
5343	individual whose remains are displayed.
5344	(10)  VIOLATION AND PENALTIES.--
5345	(c)  This subsection shall not apply to any person acting
5346	under the direction or authority of the department division or
5347	to any person otherwise authorized by law to disturb, destroy,
5348	or remove an unmarked human burial.
5349	Section 162.  Section 943.1728, Florida Statutes, is
5350	amended to read:
5351	943.1728  Basic skills training relating to the protection
5352	of archaeological sites.--The commission shall establish
5353	standards for instruction of law enforcement officers in the
5354	subject of skills relating to the protection of archaeological
5355	sites and artifacts. In developing such standards and skills,
5356	the commission shall consult with representatives of the
5357	following agencies: the Division of Historical Resources of the
5358	Department of State, the Fish and Wildlife Conservation
5359	Commission, and the Department of Environmental Protection. The
5360	commission shall develop the standards for training in any of
5361	the following:  basic recruit courses, advanced and specialized
5362	courses, or other appropriate training courses as determined by
5363	the commission.
5364	Section 163.  Subsection (1) and paragraph (b) of
5365	subsection (3) of section 1004.51, Florida Statutes, are amended
5366	to read:
5367	1004.51  Community and Faith-based Organizations
5368	Initiative; Community and Library Technology Access
5369	Partnership.--
5370	(1)  CREATION.--There is created the Community and Faith-
5371	Faith-based Organizations Initiative which shall be administered
5372	by the Institute on Urban Policy and Commerce at Florida
5373	Agricultural and Mechanical University and the Community and
5374	Library Technology Access Partnership which shall be
5375	administered by the State Library, Archives, and Records
5376	Services Office Division of Library and Information Services of
5377	the Department of State.
5378	(3)  AUTHORIZED ACTIVITIES.--
5379	(b)  Authorized activities of the partnership.--The State
5380	Library, Archives, and Records Services Office Division of
5381	Library and Information Services of the Department of State may
5382	conduct the following activities as part of the Community and
5383	Library Technology Access Partnership:
5384	1.  Provide funding for e-rate eligible public libraries to
5385	provide technology access and training to community and faith-
5386	based organizations. Funding provided under this subparagraph
5387	must be for eligible public libraries in distressed communities
5388	in the state. The office division shall consult with the
5389	Institute on Urban Policy and Commerce to identify such
5390	communities and to develop criteria to be used in evaluating
5391	funding proposals. The office division shall coordinate with the
5392	institute to ensure that, to the maximum extent possible, the
5393	office division and the institute leverage their resources under
5394	the programs authorized by this section in order to focus
5395	efforts on addressing the most distressed communities in the
5396	state. The office division shall include a representative of the
5397	institute on a review team to evaluate funding proposals under
5398	this subparagraph.
5399	2.  Provide a method of assessment and outcome measurement
5400	for e-rate eligible public libraries to assess progress in
5401	closing the digital divide and in training for individuals to
5402	succeed in the emerging information economy.
5403	Section 164.  Subsection (2) of section 1004.52, Florida
5404	Statutes, is amended to read:
5405	1004.52  Community computer access grant program.--
5406	(2)  Subject to legislative appropriation, there is created
5407	the Community High-Technology Investment Partnership (CHIP)
5408	program to assist distressed urban communities in securing
5409	computers for access by youths between the ages of 5 years and
5410	18 years who reside in these communities. The program shall be
5411	administered by the Institute on Urban Policy and Commerce at
5412	Florida Agricultural and Mechanical University pursuant to a
5413	performance-based contract with the State Library, Archives, and
5414	Records Services Office Division of Library and Information
5415	Services of the Department of State. The office division shall
5416	develop performance measures, standards, and sanctions for the
5417	program. Performance measures must include, but are not limited
5418	to: the number of youths obtaining access to computers purchased
5419	under this program; the number of hours computers are made
5420	available to youths; and the number of hours spent by youths on
5421	computers purchased under this program for educational purposes.
5422	The administrative costs for administration of this program
5423	cannot exceed 10 percent of the amount appropriated to the
5424	office division for the program.
5425	Section 165.  Paragraph (a) of subsection (1) of section
5426	1004.94, Florida Statutes, is amended to read:
5427	1004.94  Adult literacy.--
5428	(1)(a)  An adult, individualized literacy instruction
5429	program is created for adults who possess literacy skills below
5430	the ninth grade level. The purpose of the program is to provide
5431	self-paced, competency-based, individualized tutorial
5432	instruction. The commissioner shall administer this section in
5433	coordination with community college boards of trustees, local
5434	school boards, and the State Library, Archives, and Records
5435	Services Office Division of Library and Information Services of
5436	the Department of State.
5437	Section 166.  Paragraph (g) of subsection (1) of section
5438	1013.64, Florida Statutes, is amended to read:
5439	1013.64  Funds for comprehensive educational plant needs;
5440	construction cost maximums for school district capital
5441	projects.--Allocations from the Public Education Capital Outlay
5442	and Debt Service Trust Fund to the various boards for capital
5443	outlay projects shall be determined as follows:
5444	(1)
5445	(g)  When an existing educational plant is determined to be
5446	unsatisfactory pursuant to the survey conducted under s.
5447	1013.31, the board may, by resolution, designate the plant as a
5448	historic educational facility and may use funds generated for
5449	renovation and remodeling pursuant to this section to restore
5450	the facility for use by the board. The board shall agree to pay
5451	renovation and remodeling costs in excess of funds which such
5452	facility would have generated through the depreciation formula
5453	in paragraph (a) had the facility been determined to be
5454	satisfactory. The board shall further agree that the plant shall
5455	continue to house students. The board may designate a plant as a
5456	historic educational facility only if the Division of Historical
5457	Resources of the Department of State or the appropriate historic
5458	preservation board under chapter 266 certifies that:
5459	1.  The plant is listed or determined eligible for listing
5460	in the National Register of Historic Places pursuant to the
5461	National Historic Preservation Act of 1966, as amended, 16
5462	U.S.C. s. 470;
5463	2.  The plant is designated historic within a certified
5464	local district pursuant to s. 48(g)(3)(B)(ii) of the Internal
5465	Revenue Code; or
5466	3.  The department division or historic preservation board
5467	otherwise finds that the plant is historically significant.
5468	Section 167.  Sections 265.51, 265.52, 265.53, 265.54,
5469	265.55, and 265.56, Florida Statutes, are repealed.
5470	Section 168.  This act shall take effect July 1, 2004.

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