HB 337

1	A bill to be entitled
2	An act relating to management of Historic Pensacola
3	properties; amending s. 267.173, F.S.; providing for the
4	University of West Florida to directly contract for
5	management of certain state-owned properties in
6	Pensacola; requiring agreement of all parties to
7	existing contracts and execution of contract with the
8	Board of Trustees of the Internal Improvement Trust
9	Fund; deleting a requirement to contract with the
10	Department of State for certain historic properties in
11	Pensacola; deleting language related to transfer of
12	properties and contract requirements with the Department
13	of State; permitting the University of West Florida to
14	contract with its direct-support organization for
15	management of historic properties; providing eligibility
16	for certain grants; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Section 267.173, Florida Statutes, is amended
21	to read:
22	267.173  Historic preservation in West Florida; goals;
23	contracts for historic preservation; powers and duties.--
24	(1)  It is the goal of the state to continue for
25	contracting with the University of West Florida is to ensure
26	long-term preservation and interpretation of state-owned
27	historic properties under the jurisdiction of the Historic
28	Pensacola Preservation Board of Trustees while facilitating an
29	educational program at the University of West Florida that
30	will be responsive to the state's needs for professionals in
31	historic preservation, archaeology, cultural resource
32	management, and museum administration and will help meet needs
33	of West Florida communities through educational internships
34	and practicums.
35	(2)  Upon agreement by all parties to the contracts
36	Department of State shall contract with the University of West
37	Florida for the management of the various state-owned
38	properties managed by the Historic Pensacola Preservation
39	Board of Trustees prior to July 1, 2001, all existing
40	management contracts shall be rescinded upon execution of a
41	contract between the Board of Trustees of the Internal
42	Improvement Trust Fund and the University of West Florida for
43	the management of those properties. The University of West
44	Florida contract shall provide for that the University of West
45	Florida shall use all proceeds derived from the management of
46	these state-owned properties and may contract for such
47	management with its direct-support organization as described
48	in s. 267.1732. Any contract for the management of the
49	properties shall provide that the University of West Florida
50	or its direct-support organization shall use all proceeds
51	derived from the management of the state-owned properties for
52	the purposes purpose of advancing historic preservation,
53	research, and education.
54	(3)  The Board of Trustees of the Internal Improvement
55	Trust Fund Department of State may transfer ownership and
56	responsibility to any artifacts, documents, equipment, and
57	other forms of tangible personal property to the University of
58	West Florida to assist the university in the transition of the
59	management of the state-owned properties. All records,
60	personnel, property, other than real property held under lease
61	by the department from the Board of Trustees of the Internal
62	Improvement Trust Fund, and unexpended balances of
63	appropriations, allocations, or other funds of the Historic
64	Pensacola Board of Trustees shall be transferred to the
65	University of West Florida to be used for its historic
66	preservation activities and responsibilities as set forth in
67	the contract with the Department of State. The transfer of
68	segregated funds must be made in such a manner that the
69	relation between program and revenue source as provided by law
70	is retained.
71	(4)(a)  The University of West Florida is the governing
72	body for the management and maintenance of state-owned
73	properties contracted by this section and shall exercise those
74	powers provided through the contract with the Board of
75	Trustees of the Internal Improvement Trust Fund delegated to
76	it by contract as well as performing all lawful acts
77	necessary, and convenient, and incident to the effectuating of
78	the contract, its management and function, and the purposes
79	purpose under this section and s. 267.1732. The University of
80	West Florida may contract with its direct-support organization
81	described in s. 267.1732 to perform all acts that are lawful
82	and permitted for not-for-profit corporations under chapter
83	617 in assisting the university in carrying out its historic
84	preservation and historic preservation research and education
85	responsibilities.
86	(b)  The university or its direct-support organization,
87	if permitted in its contract with the university, shall have
88	the power to engage in any lawful business or activity to
89	establish, maintain, and operate the state-owned facilities
90	and properties governed by this section under contract with
91	the Department of State, including, but not limited to:
92	1.  The renting or leasing for revenue of any land,
93	improved or restored real estate, or personal property
94	directly related to carrying out the purposes for historic
95	preservation under terms and conditions of the contract with
96	the Board of Trustees of the Internal Improvement Trust Fund
97	Department of State and deemed by the university to be in the
98	best interest of the state.
99	2.  The selling of craft products created through the
100	operation and demonstration of historical museums, craft
101	shops, and other facilities.
102	3.  The limited selling of merchandise relating to
103	Florida history and archaeology the historical and antiquarian
104	period of Pensacola and its surrounding territory and the
105	historical period of West Florida from the Apalachicola River
106	to the western boundaries of the state.
107	(c)  The university or its direct-support organization,
108	if permitted in the its contract with the university, shall
109	have the authority to:
110	1.  Enter into agreements to accept credit card payments
111	as compensation, and establish accounts in credit card banks
112	for the deposit of credit card sales invoices.
113	2.  Fix and collect charges for admission to any of the
114	state-owned facilities governed by this section under contract
115	with the Department of State.
116	3.  Permit the acceptance of tour vouchers issued by tour
117	organizations or travel agents for payment of admissions.
118	4.  Adopt and enforce reasonable rules, regulations, or
119	policies to govern the conduct of the visiting public.
120	(5)  The Division of Historical Resources in the
121	Department of State may contract with the University of West
122	Florida to serve as the regional office for the West Florida
123	region of the state from the Apalachicola River to the western
124	boundaries of the state. In lieu of the establishment of a
125	citizen advisory board as required by s. 267.031(5)(m), the
126	University of West Florida may use an existing direct-support
127	organization of the university provided that the membership of
128	the direct-support organization is representative of the area
129	of the state to be served and provides the needed expertise in
130	the area of historic preservation.
131	(6)  Notwithstanding the provisions of s. 287.057, the
132	University of West Florida or its direct-support organization
133	may enter into contracts or agreements with or without
134	competitive bidding, in its discretion, for the protection or
135	preservation of historic properties.
136	(7)  Notwithstanding s. 273.055, the University of West
137	Florida may exchange, sell, or otherwise transfer any
138	artifact, document, equipment and other form of tangible
139	personal property if its direct-support organization
140	recommends such exchange, sale, or transfer to the president
141	of the university and if it is determined that the object is
142	no longer appropriate for the purpose of advancing historic
143	preservation. However, any artifact, document, or other form
144	of tangible personal property that has intrinsic historical or
145	archaeological value relating to the history, government, or
146	culture of the state may not be exchanged, sold, or otherwise
147	transferred without prior authorization from the Department of
148	State.
149	(8)  Notwithstanding any other provision of law, the
150	University of West Florida and its direct-support organization
151	are eligible to match state funds in the University Major
152	Gifts Program established pursuant to s. 1011.94 and in the
153	Alec P. Courtelis University Facility Enhancement Challenge
154	Grant Program established pursuant to s. 1013.79.
155	Section 2.  This act shall take effect July 1, 2008.

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