CS/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 Pensacola;
6	requiring agreement of all parties to existing contracts
7	and execution of contract with the Board of Trustees of
8	the Internal Improvement Trust Fund; deleting a
9	requirement to contract with the Department of State for
10	certain historic properties in Pensacola; deleting
11	language related to transfer of properties and contract
12	requirements with the Department of State; permitting the
13	University of West Florida to contract with its direct-
14	support organization for management of historic
15	properties; providing eligibility for certain grants;
16	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 will
30	be responsive to the state's needs for professionals in historic
31	preservation, archaeology, cultural resource management, and
32	museum administration and will help meet needs of West Florida
33	communities through educational internships and practicums.
34	(2)  Upon agreement by all parties to the contracts
35	Department of State shall contract with the University of West
36	Florida for the management of the various state-owned properties
37	managed by the Historic Pensacola Preservation Board of Trustees
38	prior to July 1, 2001, all existing management contracts shall
39	be rescinded upon execution of a contract between the Board of
40	Trustees of the Internal Improvement Trust Fund and the
41	University of West Florida for the management of those
42	properties. The University of West Florida contract shall
43	provide for that the University of West Florida shall use all
44	proceeds derived from the management of these state-owned
45	properties and may contract for such management with its direct-
46	support organization as described in s. 267.1732. Any contract
47	for the management of the properties shall provide that the
48	University of West Florida or its direct-support organization
49	shall use all proceeds derived from the management of the state-
50	owned properties for the purposes purpose of advancing historic
51	preservation, historic preservation research, and historic
52	preservation education.
53	(3)  The Board of Trustees of the Internal Improvement
54	Trust Fund Department of State may transfer ownership and
55	responsibility to any artifacts, documents, equipment, and other
56	forms of tangible personal property to the University of West
57	Florida to assist the university in the transition of the
58	management of the state-owned properties. All records,
59	personnel, property, other than real property held under lease
60	by the department from the Board of Trustees of the Internal
61	Improvement Trust Fund, and unexpended balances of
62	appropriations, allocations, or other funds of the Historic
63	Pensacola Board of Trustees shall be transferred to the
64	University of West Florida to be used for its historic
65	preservation activities and responsibilities as set forth in the
66	contract with the Department of State. The transfer of
67	segregated funds must be made in such a manner that the relation
68	between program and revenue source as provided by law is
69	retained.
70	(4)(a)  The University of West Florida is the governing
71	body for the management and maintenance of state-owned
72	properties contracted by this section and shall exercise those
73	powers provided through the contract with the Board of Trustees
74	of the Internal Improvement Trust Fund delegated to it by
75	contract as well as performing all lawful acts necessary, and
76	convenient, and incident to the effectuating of the contract,
77	its management and function, and the purposes purpose under this
78	section and s. 267.1732. The University of West Florida may
79	contract with its direct-support organization described in s.
80	267.1732 to perform all acts that are lawful and permitted for
81	not-for-profit corporations under chapter 617 in assisting the
82	university in carrying out its responsibilities for historic
83	preservation, and historic preservation research, and historic
84	preservation education responsibilities.
85	(b)  The university or its direct-support organization, if
86	permitted in its contract with the university, shall have the
87	power to engage in any lawful business or activity to establish,
88	maintain, and operate the state-owned facilities and properties
89	governed by this section under contract with the Department of
90	State, including, but not limited to:
91	1.  The renting or leasing for revenue of any land,
92	improved or restored real estate, or personal property directly
93	related to carrying out the purposes for historic preservation,
94	historic preservation research, and historic preservation
95	education under terms and conditions of the contract with the
96	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 shops,
101	and other facilities.
102	3.  The limited selling of merchandise relating to Florida
103	history and archaeology the historical and antiquarian period of
104	Pensacola and its surrounding territory and the historical
105	period of West Florida from the Apalachicola River to the
106	western boundaries of the state.
107	(c)  The university or its direct-support organization, if
108	permitted in the its contract with the university, shall have
109	the authority to:
110	1.  Enter into agreements to accept credit card payments as
111	compensation, and establish accounts in credit card banks for
112	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 Department
121	of State may contract with the University of West Florida to
122	serve as the regional office for the West Florida region of the
123	state from the Apalachicola River to the western boundaries of
124	the state. In lieu of the establishment of a citizen advisory
125	board as required by s. 267.031(5)(m), the University of West
126	Florida may use an existing direct-support organization of the
127	university provided that the membership of the direct-support
128	organization is representative of the area of the state to be
129	served and provides the needed expertise in the area of historic
130	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,
135	enhancement, or preservation of historic properties.
136	(7)  Notwithstanding s. 273.055, the University of West
137	Florida may exchange, sell, or otherwise transfer any artifact,
138	document, equipment and other form of tangible personal property
139	if its direct-support organization recommends such exchange,
140	sale, or transfer to the president of the university and if it
141	is determined that the object is no longer appropriate for the
142	purpose of advancing historic preservation. However, any
143	artifact, document, or other form of tangible personal property
144	that has intrinsic historical or archaeological value relating
145	to the history, government, or culture of the state may not be
146	exchanged, sold, or otherwise transferred without prior
147	authorization from the Department of State.
148	(8)  Notwithstanding any other provision of law, the
149	University of West Florida and its direct-support organization
150	are eligible to match state funds in the University Major Gifts
151	Program established pursuant to s. 1011.94 and in the Alec P.
152	Courtelis University Facility Enhancement Challenge Grant
153	Program established pursuant to s. 1013.79.
154	Section 2.  This act shall take effect July 1, 2008.

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