Florida Senate - 2010 SB 1644
By Senator Fasano
11-01345A-10 20101644__
1 A bill to be entitled
2 An act relating to trust funds; terminating specified
3 trust funds within the Department of State; providing
4 for the disposition of balances in and revenues of
5 such trust funds; prescribing procedures for the
6 termination of such trust funds; amending s. 257.43,
7 F.S.; redesignating the operating trust fund of the
8 Division of Library and Information Services as the
9 Grants and Donations Trust Fund; amending s. 265.284,
10 F.S.; redesignating the Florida Fine Arts Trust Fund
11 within the Division of Cultural Affairs as the Grants
12 and Donations Trust Fund; amending ss. 267.0617,
13 267.0731, 267.074, 267.081, 267.115, and 267.17, F.S.;
14 redesignating the Historical Resources Operating Trust
15 Fund and the operating trust fund within the Division
16 of Historical Resources as the Grants and Donations
17 Trust Fund; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. (1) The following trust funds within the
22 Department of State are terminated:
23 (a) The Operating Trust Fund, FLAIR number 45-2-510;
24 (b) The Library Services Trust Fund, FLAIR number 45-2-450;
25 and
26 (c) The Fine Arts Trust Fund, FLAIR number 45-2-279.
27 (2) All current balances remaining in the trust funds on
28 the date of termination shall be transferred to the Grants and
29 Donations Trust Fund within the Department of State.
30 (3) The Department of State shall pay any outstanding debts
31 and obligations of the terminated funds as soon as practicable,
32 and the Chief Financial Officer shall close out and remove the
33 terminated funds from various state accounting systems using
34 generally accepted accounting principles concerning warrants
35 outstanding, assets, and liabilities.
36 Section 2. Paragraph (a) of subsection (2) of section
37 257.43, Florida Statutes, is amended to read:
38 257.43 Citizen support organization; use of state
39 administrative services and property; audit.—
40 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
41 (a) The division may fix and collect charges for the rental
42 of facilities and properties managed by the division and may
43 permit, without charge, appropriate use of administrative
44 services, property, and facilities of the division by a citizen
45 support organization, subject to the provisions of this section.
46 Such use must be directly in keeping with the approved purposes
47 of the citizen support organization and may not be made at times
48 or places that would unreasonably interfere with opportunities
49 for the general public to use such facilities for established
50 purposes. Any moneys received from rentals of facilities and
51 properties managed by the division may be held in the Grants and
52 Donations operating Trust Fund of the division or in a separate
53 depository account in the name of the citizen support
54 organization and subject to the provisions of the letter of
55 agreement with the division. The letter of agreement shall
56 provide that any funds held in the separate depository account
57 in the name of the citizen support organization shall revert to
58 the division if the citizen support organization is no longer
59 approved by the division to operate in the best interests of the
60 state.
61 Section 3. Paragraph (e) of subsection (3) and subsection
62 (4) of section 265.284, Florida Statutes, are amended to read:
63 265.284 Chief cultural officer; director of division;
64 powers and duties.—
65 (3) The division shall directly administer and oversee all
66 of the programs authorized by this act. In furtherance thereof,
67 the division shall:
68 (e) Accept on behalf of the state donations of money,
69 property, art objects, and antiquities. Such donations of money
70 and any cash income may be received from the disposal of any
71 donations of property, art objects, or antiquities, which shall
72 be deposited into the Grants and Donations Florida Fine Arts
73 Trust Fund and are hereby appropriated for use by the division
74 for the purposes authorized in this act.
75 (4) There is created the Florida Fine Arts Trust Fund to be
76 administered by the department and which shall consist of moneys
77 appropriated by the Legislature or contributed from any other
78 source.
79 Section 4. Subsections (2) and (3) of section 267.0617,
80 Florida Statutes, are amended to read:
81 267.0617 Historic Preservation Grant Program.—
82 (2) The division is authorized to conduct and carry out a
83 program of historic preservation grants-in-aid, including
84 matching grants, to any department or agency of the state; any
85 unit of county, municipal, or other local government; any
86 corporation, partnership, or other organization, whether public
87 or private or whether or not for profit; or any individual for
88 projects having as their purpose the identification,
89 acquisition, protection, preservation, rehabilitation,
90 restoration, or construction of historic sites and properties,
91 or Florida history, or the planning of such activities. Funds
92 appropriated from general revenue for the historic preservation
93 grants-in-aid program shall not be provided for a project owned
94 by private individuals or owned by for-profit corporations. All
95 moneys received from any source as appropriations, deposits, or
96 contributions to this program shall be paid and credited to the
97 Grants and Donations Historical Resources Operating Trust Fund.
98 (3) All grants of state funds to assist in the preservation
99 of historic properties shall be made from the Grants and
100 Donations Historical Resources Operating Trust Fund and may be
101 awarded only pursuant to applications for such assistance made
102 to the Division of Historical Resources. The Florida Historical
103 Commission shall review each application for a special category
104 historic preservation grant-in-aid. Special category historic
105 preservation grants-in-aid are those reviewed and recommended by
106 the Secretary of State for submission for legislative funding
107 consideration. Grant review panels appointed by the Secretary of
108 State and chaired by a member of the Florida Historical
109 Commission or a designee appointed by the commission’s presiding
110 officer shall review each application for other historic
111 preservation grants-in-aid. The reviewing body shall submit
112 annually to the Secretary of State for approval lists of all
113 applications that are recommended by the reviewing body for the
114 award of grants, arranged in order of priority.
115 Section 5. Paragraph (a) of subsection (2) of section
116 267.0731, Florida Statutes, is amended to read:
117 267.0731 Great Floridians Program.—The division shall
118 establish and administer a program, to be entitled the Great
119 Floridians Program, which shall be designed to recognize and
120 record the achievements of Floridians, living and deceased, who
121 have made major contributions to the progress and welfare of
122 this state.
123 (2) Upon designation of a person as a Great Floridian by
124 the Secretary of State, the division shall undertake appropriate
125 activities intended to achieve wide public knowledge of the
126 person designated.
127 (a) The division may seek to initiate production of a film
128 or videotape depicting the life and contributions of the
129 designee to this state and to the nation. If technology
130 surpasses the use of film or videotape, another medium of equal
131 quality may be used.
132 1. The Department of State shall be the repository of the
133 original negative, the original master tape, and all cuttings,
134 of any film or videotape produced under the authority of this
135 paragraph. The division also may exercise the right of trademark
136 over the terms “Great Floridian” or “Great Floridians” pursuant
137 to s. 286.031.
138 2. The division shall arrange for the distribution of
139 copies of all films to the general public, public television
140 stations, educational institutions, and others and may establish
141 a reasonable charge to recover costs associated with production
142 and to provide a source of revenue to assist with reproduction,
143 marketing, and distribution of Great Floridians films. Proceeds
144 from such charges shall be deposited into the Grants and
145 Donations Historical Resources Operating Trust Fund.
146 Section 6. Subsection (8) of section 267.074, Florida
147 Statutes, is amended to read:
148 267.074 State Historical Marker Program.—The division shall
149 coordinate and direct the State Historical Marker Program, which
150 shall be a program of popular history and heritage designed to
151 inform the general public about persons, events, structures, and
152 other topics relating to the history and culture of the state;
153 encourage interest in preserving the historical resources of the
154 state and its localities; promote a sense of community and place
155 among Florida citizens; and provide for the enjoyment and
156 edification of tourists.
157 (8) Funds for the creation and placement of an Official
158 Florida Historical Marker shall be provided by the agency,
159 organization, individual, or other entity proposing the marker.
160 The division may erect Official Florida Historical Markers at
161 its own expense and may make competitive grants from the Grants
162 and Donations Historical Resources Operating Trust Fund,
163 pursuant to s. 267.0617, to assist in funding the costs of
164 Official Florida Historical Markers. All Official Florida
165 Historical Markers shall be considered property of the state.
166 Section 7. Paragraph (d) of subsection (1) of section
167 267.081, Florida Statutes, is amended to read:
168 267.081 Publications.—
169 (1) It is the duty of the division to:
170 (d) Hold any moneys received from the sale of publications
171 by the division in the Grants and Donations operating Trust Fund
172 of the division or in a separate depository account in the name
173 of a citizen support organization formed pursuant to s. 267.17
174 and subject to the provision of a letter of agreement with the
175 division.
176 Section 8. Subsection (5) of section 267.115, Florida
177 Statutes, is amended to read:
178 267.115 Objects of historical or archaeological value.—The
179 division shall acquire, maintain, preserve, interpret, exhibit,
180 and make available for study objects which have intrinsic
181 historical or archaeological value relating to the history,
182 government, or culture of the state. Such objects may include
183 tangible personal property of historical or archaeological
184 value. Objects acquired under this section belong to the state,
185 and title to such objects is vested in the division.
186 (5) All moneys received from the sale of an object which
187 has historical or archaeological value pursuant to subsection
188 (3) shall be deposited in the Grants and Donations Historical
189 Resources Operating Trust Fund and shall be used exclusively for
190 the acquisition of additional historical and archaeological
191 objects or the preservation and maintenance of any such objects
192 in the custody of the division.
193 Section 9. Paragraph (a) of subsection (2) of section
194 267.17, Florida Statutes, is amended to read:
195 267.17 Citizen support organizations; use of state
196 administrative services and property; audit.—
197 (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
198 (a) The division may fix and collect charges for the rental
199 of facilities and properties managed by the division and may
200 permit, without charge, appropriate use of administrative
201 services, property, and facilities of the division by a citizen
202 support organization, subject to the provisions of this section.
203 Such use must be directly in keeping with the approved purposes
204 of the citizen support organization and may not be made at times
205 or places that would unreasonably interfere with opportunities
206 for the general public to use such facilities for established
207 purposes. Any moneys received from rentals of facilities and
208 properties managed by the division may be held in the Grants and
209 Donations operating Trust Fund of the division or in a separate
210 depository account in the name of the citizen support
211 organization and subject to the provisions of the letter of
212 agreement with the division.
213 Section 10. This act shall take effect July 1, 2011.