| 1 | A bill to be entitled |
| 2 | An act relating to cultural and historical programs; |
| 3 | creating s. 265.7025, F.S.; providing definitions; |
| 4 | amending s. 265.703, F.S.; providing for more than one |
| 5 | citizen support organization; adding historical and museum |
| 6 | programs to those programs that can be assisted by the |
| 7 | citizen support organizations of the Division of Cultural |
| 8 | Affairs of the Department of State; revising the name of |
| 9 | the trust fund into which funds are deposited; providing |
| 10 | that information of the citizen support organization for |
| 11 | the Museum of Florida History which is confidential and |
| 12 | exempt pursuant to s. 267.17, F.S., retains its status; |
| 13 | creating s. 265.704, F.S.; providing powers and duties of |
| 14 | the Division of Cultural Affairs related to historical |
| 15 | museums; creating s. 265.705, F.S.; providing state policy |
| 16 | relating to historic properties; creating s. 265.706, |
| 17 | F.S.; authorizing the division to acquire, maintain, |
| 18 | preserve, interpret, exhibit, and make available for study |
| 19 | certain objects having historical or archaeological value; |
| 20 | vesting title of such objects in the division; requiring |
| 21 | maintenance of records; requiring inventory of objects of |
| 22 | specified value; authorizing the division to loan, |
| 23 | exchange, sell, or otherwise transfer certain objects; |
| 24 | providing exemptions from ch. 273, F.S.; providing for |
| 25 | deposit and use of funds; requiring the adoption of rules; |
| 26 | providing a penalty for certain violations by a custodian; |
| 27 | providing for insuring of certain items; amending and |
| 28 | renumbering s. 267.072, F.S., relating to the Museum of |
| 29 | Florida History and its programs; transferring the |
| 30 | responsibility for and administration of the Museum of |
| 31 | Florida History, its programs, and the citizen support |
| 32 | organization for the museum from the Division of |
| 33 | Historical Resources to the Division of Cultural Affairs; |
| 34 | providing for the operation of additional stores |
| 35 | associated with the Museum of Florida History; authorizing |
| 36 | the Division of Cultural Affairs to operate other |
| 37 | historical museums; conforming provisions to changes made |
| 38 | by the act; amending and renumbering s. 267.0619, F.S., |
| 39 | relating to historical museum grants under the Division of |
| 40 | Historical Resources of the Department of State; |
| 41 | transferring the grant program to the Division of Cultural |
| 42 | Affairs; conforming provisions to changes made by the act; |
| 43 | providing that a for-profit corporation, partnership, or |
| 44 | organization is ineligible for receipt of such grants; |
| 45 | creating s. 265.709, F.S.; authorizing the Division of |
| 46 | Cultural Affairs to promote and encourage the writing of |
| 47 | Florida history through certain activities; authorizing |
| 48 | the collecting, editing, and publishing of documents |
| 49 | related to Florida history; authorizing the division to |
| 50 | establish a reasonable charge for such publications; |
| 51 | providing for such proceeds to be deposited in the Grants |
| 52 | and Donations Trust Fund or certain separate depository |
| 53 | accounts; amending s. 267.0612, F.S.; providing a uniform |
| 54 | starting date for all appointments to the Florida |
| 55 | Historical Commission; amending s. 267.071, F.S.; removing |
| 56 | the Museum of Florida History as one of the historical |
| 57 | museums that the Division of Historical Resources is |
| 58 | required to encourage, promote, maintain, and operate; |
| 59 | amending s. 267.0731, F.S.; adding representatives of the |
| 60 | Secretary of State to the list of representatives on the |
| 61 | ad hoc committee responsible for making recommendations |
| 62 | for Great Floridian nominations; deleting references to |
| 63 | the citizen support organization for the Museum of Florida |
| 64 | History; deleting responsibilities of the Museum of |
| 65 | Florida History; requiring the Department of State to be |
| 66 | the repository of certain films or videotapes produced |
| 67 | concerning a Great Floridian as well as certain items |
| 68 | related to such productions; repealing s. 267.174, F.S., |
| 69 | relating to the Discovery of Florida Quincentennial |
| 70 | Commemoration Commission; amending s. 272.129, F.S.; |
| 71 | authorizing a citizen support organization for the |
| 72 | Legislative Research Center and Museum at the Historic |
| 73 | Capitol, which is known as the "center"; requiring the |
| 74 | citizen support organization to be a corporation not for |
| 75 | profit; authorizing the citizen support organization to |
| 76 | perform certain tasks for the direct and indirect benefit |
| 77 | of the center; authorizing the center to prescribe |
| 78 | conditions with which the citizen support organization |
| 79 | must comply in order to use fixed property or facilities |
| 80 | of the center; prohibiting the center from permitting a |
| 81 | citizen support organization to use the center's |
| 82 | facilities under certain conditions; requiring that the |
| 83 | citizen support organization provide for an annual audit; |
| 84 | providing that records of the organization are public |
| 85 | records; requiring that certain funds be deposited into |
| 86 | the account of the citizen support organization; providing |
| 87 | for reversion of funds to the state under certain |
| 88 | circumstances; providing an effective date. |
| 89 |
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| 90 | Be It Enacted by the Legislature of the State of Florida: |
| 91 |
|
| 92 | Section 1. Section 265.7025, Florida Statutes, is created |
| 93 | to read: |
| 94 | 265.7025 Definitions relating to historic programs.--For |
| 95 | the purposes of ss. 265.7025-265.709, the term: |
| 96 | (1) "Agency" means any state, county, or municipal |
| 97 | officer, department, division, board, bureau, commission, or |
| 98 | other separate unit of government created or established by law. |
| 99 | (2) "Division" means the Division of Cultural Affairs of |
| 100 | the Department of State. |
| 101 | (3) "Florida history museum" means a public or private |
| 102 | nonprofit institution that is established permanently in this |
| 103 | state for the purpose of promoting and encouraging knowledge and |
| 104 | appreciation of Florida history through the collection, |
| 105 | preservation, exhibition, and interpretation of artifacts and |
| 106 | other historical properties related to Florida history and the |
| 107 | primary role of which is to collect and care for artifacts and |
| 108 | other objects of intrinsic historical or archaeological value |
| 109 | and exhibit them regularly through a facility or facilities |
| 110 | owned or operated by the institution. |
| 111 | (4) "Historic property" or "historic resource" means any |
| 112 | prehistoric or historic district, site, building, object, or |
| 113 | other real or personal property of historical, architectural, or |
| 114 | archaeological value, and folklife resources. These properties |
| 115 | or resources may include, but are not limited to, monuments, |
| 116 | memorials, Indian habitations, ceremonial sites, abandoned |
| 117 | settlements, sunken or abandoned ships, engineering works, |
| 118 | treasure troves, artifacts, or other objects having intrinsic |
| 119 | historical or archaeological value, or any part thereof, |
| 120 | relating to the history, government, or culture of the state. |
| 121 | (5) "Preservation" or "historic preservation" means the |
| 122 | identification, evaluation, recordation, documentation, |
| 123 | analysis, recovery, interpretation, curation, acquisition, |
| 124 | protection, management, rehabilitation, restoration, |
| 125 | stabilization, maintenance, or reconstruction of historic |
| 126 | properties. |
| 127 | Section 2. Section 265.703, Florida Statutes, is amended |
| 128 | to read: |
| 129 | 265.703 Citizen support organizations organization; use of |
| 130 | state administrative services and property; audit.-- |
| 131 | (1) CITIZEN SUPPORT ORGANIZATIONS ORGANIZATION.--The |
| 132 | division may support the establishment of a citizen support |
| 133 | organizations organization to provide assistance, funding, and |
| 134 | promotional support for the cultural, and arts, historical, and |
| 135 | museum programs of the division. For the purposes of this |
| 136 | section, a "citizen support organization" means an organization |
| 137 | which is: |
| 138 | (a) A Florida corporation not for profit incorporated |
| 139 | under the provisions of chapter 617 and approved by the |
| 140 | Department of State. |
| 141 | (b) Organized and operated to conduct programs and |
| 142 | activities; raise funds; request and receive grants, gifts, and |
| 143 | bequests of money; acquire, receive, hold, invest, and |
| 144 | administer, in its own name, securities, funds, objects of |
| 145 | value, or other property, real or personal; and make |
| 146 | expenditures to or for the direct or indirect benefit of the |
| 147 | division or individual program units of the division. |
| 148 | (c) Determined by the division to be consistent with the |
| 149 | goals of the division and in the best interests of the state. |
| 150 | (d) Approved in writing by the division to operate for the |
| 151 | direct or indirect benefit of the division. Such approval shall |
| 152 | be given in a letter of agreement from the division. |
| 153 | (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.-- |
| 154 | (a) The division may fix and collect charges for the |
| 155 | rental of facilities and properties managed by the division and |
| 156 | may permit, without charge, appropriate use of administrative |
| 157 | services, property, and facilities of the division by a citizen |
| 158 | support organization, subject to the provisions of this section. |
| 159 | Such use must be directly in keeping with the approved purposes |
| 160 | of the citizen support organization and may not be made at times |
| 161 | or places that would unreasonably interfere with opportunities |
| 162 | for the general public to use such facilities for established |
| 163 | purposes. Any moneys received from rentals of facilities and |
| 164 | properties managed by the division may be held in the Grants and |
| 165 | Donations Trust Fund operating trust fund of the division or in |
| 166 | a separate depository account in the name of the citizen support |
| 167 | organization and subject to the provisions of the letter of |
| 168 | agreement with the division. The letter of agreement shall |
| 169 | provide that any funds held in the separate depository account |
| 170 | in the name of the citizen support organization shall revert to |
| 171 | the division if the citizen support organization is no longer |
| 172 | approved by the division to operate in the best interests of the |
| 173 | state. |
| 174 | (b) The division may prescribe by rule any condition with |
| 175 | which a citizen support organization shall comply in order to |
| 176 | use division administrative services, property, or facilities. |
| 177 | (c) The division shall not permit the use of any |
| 178 | administrative services, property, or facilities of the state by |
| 179 | a citizen support organization which does not provide equal |
| 180 | membership and employment opportunities to all persons |
| 181 | regardless of race, color, religion, sex, age, or national |
| 182 | origin. |
| 183 | (3) ANNUAL AUDIT.--The citizen support organization shall |
| 184 | provide for an annual financial audit in accordance with s. |
| 185 | 215.981. Information of the Museum of Florida History citizen |
| 186 | support organization which is confidential and exempt pursuant |
| 187 | to s. 267.17 shall retain its confidential and exempt status. |
| 188 | Section 3. Section 265.704, Florida Statutes, is created |
| 189 | to read: |
| 190 | 265.704 Historical museums; powers and duties of the |
| 191 | Division of Cultural Affairs.-- |
| 192 | (1) The division shall adopt rules pursuant to s. |
| 193 | 120.536(1) and s. 120.54 to administer the provisions of ss. |
| 194 | 265.7025-265.709. |
| 195 | (2) The division may make and enter into all contracts and |
| 196 | agreements with other agencies, organizations, associations, |
| 197 | corporations, and individuals or with federal agencies as it may |
| 198 | determine are necessary, expedient, or incidental to the |
| 199 | performance of its duties or the execution of its powers under |
| 200 | ss. 265.7025-265.709. |
| 201 | (3) The division may accept gifts, grants, bequests, |
| 202 | loans, and endowments for purposes not inconsistent with its |
| 203 | responsibilities under this chapter. The division may also |
| 204 | establish an endowment that is consistent with the |
| 205 | responsibilities under ss. 265.7025-265.709. |
| 206 | (4) It is the duty of the division to: |
| 207 | (a) Promote and encourage throughout the state knowledge |
| 208 | and appreciation of Florida history by encouraging the people of |
| 209 | the state to engage in the preservation and care of artifacts, |
| 210 | museum items, treasure troves, and other historical properties; |
| 211 | the collection, research, fabrication, exhibition, preservation, |
| 212 | and interpretation of historical materials; the publicizing of |
| 213 | the state's history through public information media; and other |
| 214 | activities in historical and allied fields. |
| 215 | (b) Encourage, promote, maintain, and operate historical |
| 216 | museums, including, but not limited to, mobile museums, junior |
| 217 | museums, and the Museum of Florida History in the state capital. |
| 218 | (c) Plan and develop, in cooperation with other state |
| 219 | agencies and with municipalities, programs to promote and |
| 220 | encourage the teaching of Florida's history and heritage in |
| 221 | Florida schools and other educational institutions and other |
| 222 | such educational programs as may be appropriate. |
| 223 | (d) Establish professional standards for the preservation, |
| 224 | exclusive of acquisition, of historical resources in state |
| 225 | ownership or control. |
| 226 | (e) Take such other actions as are necessary or |
| 227 | appropriate to locate, acquire, protect, preserve, operate, |
| 228 | interpret, and promote the location, acquisition, protection, |
| 229 | preservation, operation, and interpretation of historical |
| 230 | resources to foster an appreciation of Florida history and |
| 231 | culture. |
| 232 | Section 4. Section 265.705, Florida Statutes, is created |
| 233 | to read: |
| 234 | 265.705 State policy relative to historical |
| 235 | properties.--The rich and unique heritage of historical |
| 236 | properties in this state, representing more than 10,000 years of |
| 237 | human presence, is an important legacy to be valued and |
| 238 | conserved for present and future generations. The destruction of |
| 239 | these nonrenewable historical resources will engender a |
| 240 | significant loss to the state's quality of life, economy, and |
| 241 | cultural environment. It is therefore declared to be state |
| 242 | policy to provide leadership in the preservation of the state's |
| 243 | historical resources and to administer state-owned or state- |
| 244 | controlled historical resources in a spirit of stewardship and |
| 245 | trusteeship. |
| 246 | Section 5. Section 265.706, Florida Statutes, is created |
| 247 | to read: |
| 248 | 265.706 Objects of historical or archaeological |
| 249 | value.--The division shall acquire, maintain, preserve, |
| 250 | interpret, exhibit, and make available for study objects that |
| 251 | have intrinsic historical or archaeological value relating to |
| 252 | the history, government, or culture of the state. Such objects |
| 253 | may include tangible personal property of historical or |
| 254 | archaeological value. Objects acquired under this section belong |
| 255 | to the state and title to such objects is vested in the |
| 256 | division. |
| 257 | (1) Notwithstanding s. 273.02, the division shall maintain |
| 258 | an adequate record of all objects in its custody which have a |
| 259 | historical or archaeological value. Once each year, on July 1 or |
| 260 | as soon thereafter as practicable, the division shall take a |
| 261 | complete inventory of all such objects in its custody the |
| 262 | current value or cost of which is $1,000 or more and a sample |
| 263 | inventory of such objects the current value or cost of which is |
| 264 | less than $1,000. Each inventory shall be compared with the |
| 265 | property record and all discrepancies shall be traced and |
| 266 | reconciled. Objects of historical or archaeological value are |
| 267 | not required to be identified by marking or other physical |
| 268 | alteration of the objects. |
| 269 | (2) The division may arrange for the temporary or |
| 270 | permanent loan of any object that has historical or |
| 271 | archaeological value in its custody. Such loans shall be for the |
| 272 | purpose of assisting historical, archaeological, or other |
| 273 | studies; providing objects relating to interpretive exhibits and |
| 274 | other educational programs that promote knowledge and |
| 275 | appreciation of Florida history and the programs of the |
| 276 | division; or assisting the division in carrying out its |
| 277 | responsibility to ensure proper curation of the objects. |
| 278 | (3) The division may determine from time to time that an |
| 279 | object in its custody and owned by the state has no further use |
| 280 | or value for the research, exhibit, or educational programs of |
| 281 | the division, or that such an object will receive more |
| 282 | appropriate maintenance and preservation by another agency, |
| 283 | institution, or organization, and may loan, exchange, sell, or |
| 284 | otherwise transfer ownership and custody of such object to |
| 285 | another agency, institution, or organization for the purpose of |
| 286 | ensuring the continued maintenance and preservation of such |
| 287 | object, or for the purpose of acquiring another object that |
| 288 | better serves the interests of the state and is more appropriate |
| 289 | for promoting knowledge and appreciation of Florida history and |
| 290 | the programs of the division. |
| 291 | (4) For the purpose of the exchange, sale, or other |
| 292 | transfer of objects of historical or archaeological value, the |
| 293 | division is exempt from chapter 273. |
| 294 | (5) All moneys received from the sale of an object that |
| 295 | has historical or archaeological value pursuant to subsection |
| 296 | (3) shall be deposited in the Grants and Donations Trust Fund |
| 297 | and shall be used exclusively for the acquisition of additional |
| 298 | historical and archaeological objects or the preservation and |
| 299 | maintenance of any such objects in the custody of the division. |
| 300 | (6) The division shall adopt rules pursuant to ss. |
| 301 | 120.536(1) and 120.54 which prescribe criteria for the inventory |
| 302 | and for the loan, exchange, sale, transfer, or other disposal of |
| 303 | state-owned objects of historical or archaeological value. |
| 304 | (7) Any custodian as defined in s. 273.01(1) who violates |
| 305 | any provision of this section or any rule adopted pursuant to |
| 306 | this section commits a misdemeanor of the second degree, |
| 307 | punishable as provided in s. 775.082 or s. 775.083. |
| 308 | (8) Notwithstanding any provision of s. 287.022 or s. |
| 309 | 287.025(1)(e), the division may enter into contracts to insure |
| 310 | museum collections, artifacts, exhibitions, relics, and fine |
| 311 | arts that are loaned to it or to which it holds title. |
| 312 | Section 6. Section 267.072, Florida Statutes, is |
| 313 | renumbered as section 265.707, Florida Statutes, and amended to |
| 314 | read: |
| 315 | 265.707 267.072 Museum of Florida History and programs; |
| 316 | other historical museums.-- |
| 317 | (1) The division is authorized to operate the Museum of |
| 318 | Florida History and other historical museums. |
| 319 | (2)(1) The division shall establish and administer a |
| 320 | museum store in the Museum of Florida History to provide |
| 321 | information and materials relating to museum exhibits, |
| 322 | collections, and programs to the public and may operate |
| 323 | additional stores associated with the museum. The store may |
| 324 | produce, acquire, and sell craft products, replicas and |
| 325 | reproductions of artifacts, documents, and other merchandise |
| 326 | relating to historical and cultural resources and may make a |
| 327 | reasonable charge for such merchandise. All proceeds received |
| 328 | from sales must be deposited into the Grants and Donations |
| 329 | Historical Resources Operating Trust Fund or, funds in excess of |
| 330 | the amount required to pay employees involved in the direct |
| 331 | management of the museum store, may be deposited into a bank |
| 332 | account of the citizen support organization created pursuant to |
| 333 | s. 265.703 s. 267.17 and may only be used only to support the |
| 334 | programs of the Museum of Florida History. The museum store may |
| 335 | enter into agreements and accept credit-card payments as |
| 336 | compensation for goods and products sold. The division may |
| 337 | establish accounts in credit-card banks for the deposit of |
| 338 | credit-card sales invoices and to pay discounts and service |
| 339 | charges in connection with the use of credit cards. |
| 340 | (3)(2) The division shall support the establishment and |
| 341 | operation of a nonprofit organization or association established |
| 342 | pursuant to s. 265.703 s. 267.17 to promote and encourage |
| 343 | knowledge and appreciation of Florida history and the programs |
| 344 | of the Museum of Florida History and to cooperate with |
| 345 | historical societies and other organizations to provide funding |
| 346 | and promotional support for the programs of the museum. Such |
| 347 | organization or association may, with the consent of the |
| 348 | division, operate the museum store or conduct special events and |
| 349 | programs in the museum. All proceeds must be used to support the |
| 350 | programs of the Museum of Florida History. |
| 351 | (4)(3) The division shall deposit gifts and donations for |
| 352 | the purpose of assisting the Museum of Florida History and its |
| 353 | programs in the Grants and Donations Historical Resources |
| 354 | Operating Trust Fund to be used exclusively for the benefit of |
| 355 | programs of the museum and in a manner consistent with any terms |
| 356 | or conditions agreed to by the division in accepting such gifts. |
| 357 | Section 7. Section 267.0619, Florida Statutes, is |
| 358 | renumbered as section 265.708, Florida Statutes, and amended to |
| 359 | read: |
| 360 | 265.708 267.0619 Historical Museum Grants.-- |
| 361 | (1) The division may conduct a program to provide: |
| 362 | (1)(a) Grants from the Historical Resources Operating |
| 363 | Trust Fund, including matching grants, to a department or agency |
| 364 | of the state; a unit of county, municipal, or other local |
| 365 | government; or a public or private profit or nonprofit |
| 366 | corporation, partnership, or other organization to assist in the |
| 367 | development of public educational exhibits relating to the |
| 368 | historical resources of Florida; and |
| 369 | (b) Grants from the Historical Resources Operating Trust |
| 370 | Fund to Florida history museums that are not state-operated to |
| 371 | assist such museums in paying for operating costs. |
| 372 | (2) In order to be eligible to receive a grant from the |
| 373 | trust fund to assist in paying operating costs, a Florida |
| 374 | history museum must fulfill the following criteria: |
| 375 | (a) The mission of the museum must relate directly and |
| 376 | primarily to the history of Florida. If the museum has more than |
| 377 | one mission, the museum is eligible to receive a grant for that |
| 378 | portion of the operating costs which is reasonably attributable |
| 379 | to its mission relating to the history of Florida; |
| 380 | (b) The museum must have been operating and open to the |
| 381 | public for at least 180 days each year during the 2-year period |
| 382 | immediately preceding the date upon which the museum applies for |
| 383 | the grant; |
| 384 | (c) The museum must be open and providing museum services |
| 385 | to the public for at least 180 days each year; and |
| 386 | (d) The museum must currently employ, and must have |
| 387 | employed during the 2-year period immediately preceding the date |
| 388 | upon which the museum applies for the grant, at least one full- |
| 389 | time staff member or the equivalent thereof whose primary |
| 390 | responsibility is to acquire, maintain, and exhibit to the |
| 391 | public objects that are owned by, or are on loan to, the museum. |
| 392 | (3) An application for a grant must be made to the |
| 393 | division on a form provided by the division. The division shall |
| 394 | adopt rules prescribing categories of grants, application |
| 395 | requirements, criteria and procedures for the review and |
| 396 | evaluation of applications, and other procedures necessary for |
| 397 | the administration of the program, subject to the requirements |
| 398 | of this section. Grant review panels appointed by the Secretary |
| 399 | of State and chaired by a member of the Florida Historical |
| 400 | Commission or a designee appointed by the commission's presiding |
| 401 | officer shall review each application for a museum grant-in-aid. |
| 402 | The review panel shall submit to the Secretary of State for |
| 403 | approval lists of all applications that are recommended by the |
| 404 | panel for the award of grants, arranged in order of priority. |
| 405 | The division may award a grant to a Florida history museum only |
| 406 | if the award has been approved by the Secretary of State. |
| 407 | (4) Grants Money received as an appropriation or |
| 408 | contribution to the grants program must be deposited into the |
| 409 | Historical Resources Operating Trust Fund. Money appropriated |
| 410 | from general revenue to the trust fund for the program may not |
| 411 | be awarded granted to a private for-profit museum or used. Money |
| 412 | appropriated from any source to the trust fund for the program |
| 413 | may not be granted to pay the cost of locating, identifying, |
| 414 | evaluating, acquiring, preserving, protecting, restoring, |
| 415 | rehabilitating, stabilizing, or excavating an archaeological or |
| 416 | historic site or a historic building or the planning of any of |
| 417 | those activities. |
| 418 | (5) The division may grant moneys quarterly from the |
| 419 | Historical Resources Operating Trust Fund to history museums in |
| 420 | advance of an exhibit or program for which the moneys are |
| 421 | granted. |
| 422 | Section 8. Section 265.709, Florida Statutes, is created |
| 423 | to read: |
| 424 | 265.709 Publications.--The division may promote and |
| 425 | encourage the writing of Florida history and collect, edit, |
| 426 | publish, and print pamphlets, papers, manuscripts, documents, |
| 427 | books, monographs, and other materials relating to Florida |
| 428 | history. The division may establish a reasonable charge for such |
| 429 | publications and shall hold any moneys received from the sale of |
| 430 | publications in the Grants and Donations Trust Fund or in a |
| 431 | separate depository account in the name of a citizen support |
| 432 | organization formed pursuant to s. 265.703 and subject to the |
| 433 | provision of a letter of agreement with the division. |
| 434 | Section 9. Paragraph (a) of subsection (1) of section |
| 435 | 267.0612, Florida Statutes, is amended to read: |
| 436 | 267.0612 Florida Historical Commission; creation; |
| 437 | membership; powers and duties.--In order to enhance public |
| 438 | participation and involvement in the preservation and protection |
| 439 | of the state's historic and archaeological sites and properties, |
| 440 | there is created within the Department of State the "Florida |
| 441 | Historical Commission." The commission shall serve in an |
| 442 | advisory capacity to the director of the Division of Historical |
| 443 | Resources to assist the director in carrying out the purposes, |
| 444 | duties, and responsibilities of the division, as specified in |
| 445 | this chapter. |
| 446 | (1)(a)1. The commission shall be composed of 11 members. |
| 447 | Seven members shall be appointed by the Governor in consultation |
| 448 | with the Secretary of State, two members shall be appointed by |
| 449 | the President of the Senate, and two members shall be appointed |
| 450 | by the Speaker of the House of Representatives. Of the seven |
| 451 | members appointed by the Governor, one member must be a licensed |
| 452 | architect who has expertise in historic preservation and |
| 453 | architectural history; one member must be a professional |
| 454 | historian in the field of American history; one member must be a |
| 455 | professional architectural historian; one member must be an |
| 456 | archaeologist specializing in the field of prehistory; and one |
| 457 | member must be an archaeologist specializing in the historic |
| 458 | period. The remaining two members appointed by the Governor and |
| 459 | the two members appointed by the President of the Senate and the |
| 460 | Speaker of the House of Representatives, respectively, must be |
| 461 | representatives of the general public with demonstrated interest |
| 462 | in the preservation of Florida's historical and archaeological |
| 463 | heritage. At least one member of the commission shall be a |
| 464 | resident of a county that has a population of 75,000 or fewer. |
| 465 | 2. After June 30, 2008, terms of appointment shall begin |
| 466 | on January 1 of the year of appointment. |
| 467 | Section 10. Subsection (2) of section 267.071, Florida |
| 468 | Statutes, is amended to read: |
| 469 | 267.071 Historical museums.--It is the duty of the |
| 470 | division to: |
| 471 | (2) Encourage, promote, maintain, and operate historical |
| 472 | museums, including, but not limited to, mobile museums and, |
| 473 | junior museums, and the Museum of Florida History in the state |
| 474 | capital. |
| 475 | Section 11. Paragraphs (b) and (c) of subsection (1) and |
| 476 | paragraph (a) of subsection (2) of section 267.0731, Florida |
| 477 | Statutes, are amended to read: |
| 478 | 267.0731 Great Floridians Program.--The division shall |
| 479 | establish and administer a program, to be entitled the Great |
| 480 | Floridians Program, which shall be designed to recognize and |
| 481 | record the achievements of Floridians, living and deceased, who |
| 482 | have made major contributions to the progress and welfare of |
| 483 | this state. |
| 484 | (1) The division shall nominate present or former citizens |
| 485 | of this state, living or deceased, who during their lives have |
| 486 | made major contributions to the progress of the nation or this |
| 487 | state and its citizens. Nominations shall be submitted to the |
| 488 | Secretary of State who shall select from those nominated not |
| 489 | less than two persons each year who shall be honored with the |
| 490 | designation "Great Floridian," provided no person whose |
| 491 | contributions have been through elected or appointed public |
| 492 | service shall be selected while holding any such office. |
| 493 | (b) In formulating its nominations, the division shall |
| 494 | also seek the assistance of the organization acting in the |
| 495 | capacity as a citizen support organization of the division, |
| 496 | pursuant to s. 267.17 and approved to act on behalf of the |
| 497 | Museum of Florida History. |
| 498 | (b)(c) Annually, the division shall convene an ad hoc |
| 499 | committee composed of representatives of the Governor, each |
| 500 | member of the Florida Cabinet, the President of the Senate, the |
| 501 | Speaker of the House of Representatives, and the Secretary of |
| 502 | State organization described in paragraph (b). This committee |
| 503 | shall meet at least twice. The committee shall nominate not |
| 504 | fewer than two persons whose names shall be submitted to the |
| 505 | Secretary of State with the recommendation that they be honored |
| 506 | with the designation "Great Floridian." |
| 507 | (2) Upon designation of a person as a Great Floridian by |
| 508 | the Secretary of State, the division shall undertake appropriate |
| 509 | activities intended to achieve wide public knowledge of the |
| 510 | person designated. |
| 511 | (a) The division may seek to initiate production of a film |
| 512 | or videotape depicting the life and contributions of the |
| 513 | designee to this state and to the nation. If technology |
| 514 | surpasses the use of film or videotape, another medium of equal |
| 515 | quality may be used. |
| 516 | 1. In the production of such films, the division shall |
| 517 | seek cooperation from local volunteers throughout the state and, |
| 518 | in particular, shall seek fundraising and other assistance of |
| 519 | the citizen support organization created pursuant to s. 267.17 |
| 520 | to support the programs of the Museum of Florida History. |
| 521 | 1.2. The Department of State Museum of Florida History |
| 522 | shall be the repository of the original negative, the original |
| 523 | master tape, and all cuttings, of any film or videotape produced |
| 524 | under the authority of this paragraph. The division also may |
| 525 | exercise the right of trademark over the terms "Great Floridian" |
| 526 | or "Great Floridians" pursuant to s. 286.031. |
| 527 | 2.3. The division shall arrange for the distribution of |
| 528 | copies of all films to the general public, public television |
| 529 | stations, educational institutions, and others and may establish |
| 530 | a reasonable charge to recover costs associated with production |
| 531 | and to provide a source of revenue to assist with reproduction, |
| 532 | marketing, and distribution of Great Floridians films. Proceeds |
| 533 | from such charges shall be deposited into the Historical |
| 534 | Resources Operating Trust Fund. |
| 535 | Section 12. Section 267.174, Florida Statutes, is |
| 536 | repealed. |
| 537 | Section 13. Subsection (4) is added to section 272.129, |
| 538 | Florida Statutes, to read: |
| 539 | 272.129 Florida Historic Capitol; space allocation; |
| 540 | maintenance, repair, and security.-- |
| 541 | (4)(a) The Legislative Research Center and Museum at the |
| 542 | Historic Capitol, hereinafter referred to as "center," may |
| 543 | support the establishment of a citizen support organization to |
| 544 | provide assistance, funding, and promotional support for the |
| 545 | center. For the purposes of this subsection, "citizen support |
| 546 | organization" means an organization that is: |
| 547 | 1. A Florida corporation not for profit incorporated under |
| 548 | the provisions of chapter 617 and approved by the Department of |
| 549 | State. |
| 550 | 2. Organized and operated to conduct programs and |
| 551 | activities; raise funds; request and receive grants, gifts, and |
| 552 | bequests of money; acquire, receive, hold, invest, and |
| 553 | administer in its own name securities, funds, objects of value, |
| 554 | or other real and personal property; and make expenditures to or |
| 555 | for the direct or indirect benefit of the center. |
| 556 | 3. Determined by the center to be consistent with the |
| 557 | goals of the center and in the best interests of the state. |
| 558 | 4. Annually approved in writing by the center to operate |
| 559 | for the direct or indirect benefit of the center. Such approval |
| 560 | shall be given in a letter of agreement from the center. |
| 561 | (b)1. The Legislative Research Center and Museum at the |
| 562 | Historic Capitol may permit, without charge, appropriate use of |
| 563 | fixed property and facilities of the center by the citizen |
| 564 | support organization, subject to the provisions of this |
| 565 | subsection. Such use must be directly in keeping with the |
| 566 | approved purposes of the citizen support organization and may |
| 567 | not be made at times or places that would unreasonably interfere |
| 568 | with normal operations of the center. |
| 569 | 2. The center may prescribe by rule any condition with |
| 570 | which the citizen support organization must comply in order to |
| 571 | use fixed property or facilities of the center. |
| 572 | 3. The center may not permit the use of any fixed property |
| 573 | or facilities by any citizen support organization if such |
| 574 | organization does not provide equal membership and employment |
| 575 | opportunities to all persons regardless of race, color, |
| 576 | religion, gender, age, or national origin. |
| 577 | (c) A citizen support organization shall provide for an |
| 578 | annual financial audit in accordance with s. 215.981. |
| 579 | (d) All records of a citizen support organization |
| 580 | constitute public records for the purposes of chapter 119. |
| 581 | (e) The citizen support organization for the Legislative |
| 582 | Research Center and Museum at the Historic Capitol is authorized |
| 583 | to collect rental fees, apply for and receive grants, and |
| 584 | receive gifts and donations for the direct or indirect benefit |
| 585 | of the center. |
| 586 | (f) All funds obtained through rental fees, grants, gifts, |
| 587 | and donations to the citizen support organization shall be |
| 588 | deposited into the account of the citizen support organization |
| 589 | and used for the direct or indirect benefit of the Legislative |
| 590 | Research Center and Museum at the Historic Capitol unless the |
| 591 | citizen support organization is no longer authorized as required |
| 592 | by this subsection, fails to comply with the requirements of |
| 593 | this subsection, fails to maintain its tax-exempt status |
| 594 | pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases |
| 595 | to exist. If the citizen support organization is no longer |
| 596 | authorized as required by this subsection, fails to comply with |
| 597 | the requirements of this subsection, fails to maintain its tax- |
| 598 | exempt status pursuant to s. 501(c)(3) of the Internal Revenue |
| 599 | Code, or ceases to exist, all funds obtained through rental |
| 600 | fees, grants, gifts, and donations in the citizen support |
| 601 | organization account shall revert to the state and be deposited |
| 602 | into an account designated by the Legislature. |
| 603 | Section 14. This act shall take effect July 1, 2008. |