Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 746
Barcode 569206
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2009 .
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The Committee on Governmental Oversight and Accountability
(Dean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 119 and 120
4 insert:
5 Section 2. Subsection (3) is added to section 272.135,
6 Florida Statutes, to read:
7 272.135 Florida Historic Capitol Curator.—
8 (3) In conjunction with the Legislative Research Center &
9 and Museum, the Capitol Curator may assist the Florida Historic
10 Capitol in the performance of its mission by:
11 (a) Raising money;
12 (b) Submitting requests for and receiving grants;
13 (c) Receiving, holding, investing, and administering in the
14 name of the Historic Capitol and the Legislative Research Center
15 and Museum securities, funds, objects of value, or other real
16 and personal property;
17 (d) Receiving gifts and donations for the direct or
18 indirect benefit of the Historic Capitol; and
19 (e) Making expenditures to or for the direct or indirect
20 benefit of the Historic Capitol.
21 Section 3. Section 272.136, Florida Statutes, is created to
22 read:
23 272.136 Direct-support organization.—The Legislative
24 Research Center and Museum and the Capitol Curator may establish
25 a direct-support organization to provide assistance and
26 promotional support through fundraising for the Florida Historic
27 Capitol and the Legislative Research Center and Museum,
28 including, but not limited to, their educational programs and
29 initiatives.
30 (1) The direct-support organization shall be governed by a
31 board of directors who have demonstrated a capacity for
32 supporting the mission of the Historic Capitol.
33 (a) Initial appointments to the board shall be made by the
34 President of the Senate and the Speaker of the House of
35 Representatives at the recommendation of the center and the
36 curator. Appointments to the board shall thereafter be made by
37 the board.
38 (b) The initial board shall consist of nine members who
39 shall be appointed to 3-year terms, except that the terms of the
40 initial appointees shall be accomplished so that three members
41 are appointed for 1 year, three members are appointed for 2
42 years, and three members are appointed for 3 years, in order to
43 achieve staggered terms, as determined by the presiding
44 officers.
45 (c) The board may add up to two additional members.
46 (d) The board members shall serve without compensation,
47 except that they are entitled to receive reimbursement for per
48 diem and travel expenses in accordance with s. 112.061.
49 (e) The board may use the fixed property and facilities of
50 the Historic Capitol, subject to the provisions of this
51 subsection. Such use must be directly in keeping with the
52 approved purposes of the direct-support organization and may not
53 be made at times or places that would unreasonably interfere
54 with the normal operations of the Historic Capitol.
55 (2) The direct-support organization must be a Florida
56 corporation, not for profit, incorporated under chapter 617,
57 excepted from filing fees, and approved by the Department of
58 State.
59 (3) The curator and center may prescribe any condition with
60 which the direct-support organization must comply.
61 (4) The curator and the center may not permit the use of
62 any fixed property or facilities by the direct-support
63 organization if the organization does not provide equal
64 membership and employment opportunities to all persons
65 regardless of race, color, religion, gender, age, or national
66 origin.
67 (5) The direct-support organization shall provide for an
68 annual financial audit in accordance with s. 215.981.
69 (6) If the direct-support organization is no longer
70 authorized by this section, fails to comply with the
71 requirements of this section, fails to maintain its tax-exempt
72 status pursuant to s. 501(c)(3) of the Internal Revenue Code, or
73 ceases to exist, all funds obtained through grants, gifts, and
74 donations in the direct-support organization account shall
75 revert to the state and be deposited into an account designated
76 by the Legislature for the support of the Historic Capitol,
77 provided that donations made for specific purposes in an
78 original donor agreement shall be applied only to those
79 purposes.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete line 20
84 and insert:
85 financial audit; amending s. 272.135, F.S.; providing
86 that the Capitol Curator may assist in raising funds
87 and making expenditures for the Historic Capitol;
88 creating s. 272.136, F.S.; authorizing the Legislative
89 Research Center and Museum and the Capitol Curator to
90 establish a direct-support organization; providing for
91 the appointment of members of a board of directors;
92 providing for board use of capitol property; requiring
93 the organization to be not for profit; authorizing the
94 center and curator to prescribe all conditions for the
95 organization; providing for the reversion of the
96 organization’s funds; providing an effective date.