HB 7185

1	A bill to be entitled
2	An act relating to a review of the Department of State
3	under the Florida Government Accountability Act;
4	reenacting s. 20.10, F.S., relating to the establishment
5	of the department; amending s. 117.01, F.S.; assigning
6	various duties of the Secretary of State relating to
7	notaries public to the department; revising the
8	application requirements for notaries public; requiring
9	notary public applicants to complete certain interactive
10	or classroom instruction; authorizing certain persons or
11	entities to offer courses for the required instruction;
12	revising provisions for the deposit and use of funds from
13	the notary public surcharge; providing penalties for
14	applicants who submit applications containing certain
15	statements; providing for the filing and investigation of
16	complaints against notaries public; requiring the
17	department to submit investigative findings to the
18	Executive Office of the Governor; deleting obsolete
19	provisions relating to notary bonds; requiring entities
20	issuing notary bonds to submit annual reports to the
21	department; requiring the department to refuse bonding
22	certificates from such entity that does not submit its
23	annual report by a specified date; conforming provisions;
24	amending ss. 117.021, 117.05, and 117.103, F.S.; deleting
25	an obsolete provision relating to notary public seals;
26	conforming provisions; amending s. 117.107, F.S.;
27	prohibiting a notary public from using a signature stamp
28	except under certain circumstances; providing penalties;
29	specifying that notaries public are subject to suspension
30	under certain circumstances; transferring the
31	administration of certain provisions relating to notaries
32	public from the Executive Office of the Governor to the
33	department; amending s. 257.015, F.S.; providing
34	definitions; amending s. 257.02, F.S.; renaming the State
35	Library Council; revising the council's membership and
36	duties; providing for a quorum of council members;
37	specifying the vote required for official action by the
38	council; amending s. 257.031, F.S.; conforming provisions;
39	amending s. 257.05, F.S.; establishing the state
40	publications program; requiring state agencies to furnish
41	the department's Division of Library and Information
42	Services with copies of state publications and designate
43	agency publications liaisons; deleting provisions
44	requiring certain officials and agencies to provide the
45	division with specified numbers of public documents;
46	revising the division's duties with respect to the
47	management, distribution, and exchange of state
48	publications and the establishment of a periodic
49	bibliography for such publications; requiring depository
50	libraries to maintain state publications in a specified
51	manner; authorizing the division to adopt rules; amending
52	s. 257.105, F.S.; requiring state agencies to furnish
53	copies of state publications to the Library of Congress;
54	conforming provisions; amending s. 267.0612, F.S.;
55	revising the duties of the Florida Historical Commission;
56	transferring to the commission and revising provisions for
57	the Official Florida Historical Markers, the State
58	Historical Marker Program, and the Great Floridians
59	Program to conform to the repeal by the act of provisions
60	establishing the State Historical Marker Council and the
61	Great Floridians Program; amending s. 267.075, F.S.;
62	defining the term "division"; revising the duties of the
63	department's Division of Historical Resources for
64	management of The Grove historic property; deleting
65	provisions establishing The Grove Advisory Council;
66	authorizing the division to charge visitor fees, establish
67	an endowment, and conduct fundraising activities;
68	authorizing the division, or under certain circumstances a
69	citizen support organization, to operate a museum store
70	and provide visitor services and activities at The Grove;
71	providing for use of the net proceeds from the museum
72	store and the visitor services and activities; amending s.
73	267.16, F.S.; requiring the division to make folklife
74	apprenticeship programs available throughout the state;
75	amending s. 267.161, F.S.; assigning certain duties to the
76	Florida Folklife Council with respect to folklife
77	apprenticeship programs; amending ss. 283.31 and 286.001,
78	F.S.; conforming provisions to changes made by the act;
79	conforming cross-references; amending s. 668.50, F.S.;
80	deleting requirements for certain interactive or classroom
81	instruction for notaries public, to conform; amending s.
82	872.05, F.S.; excluding certain portions of human remains
83	from the definition of the term "unmarked human burial"
84	for purposes of the duties of the State Archaeologist and
85	district medical examiners; repealing ss. 267.0731 and
86	267.0743, F.S., relating to the Great Floridians Program
87	and the State Historical Marker Council, respectively;
88	providing effective dates.
89
90	Be It Enacted by the Legislature of the State of Florida:
91
92	Section 1.  Section 20.10, Florida Statutes, is reenacted
93	to read:
94	20.10  Department of State.-There is created a Department
95	of State.
96	(1)  The head of the Department of State is the Secretary
97	of State. The Secretary of State shall be appointed by the
98	Governor, subject to confirmation by the Senate, and shall serve
99	at the pleasure of the Governor. The Secretary of State shall
100	perform the functions conferred by the State Constitution upon
101	the custodian of state records.
102	(2)  The following divisions of the Department of State are
103	established:
104	(a)  Division of Elections.
105	(b)  Division of Historical Resources.
106	(c)  Division of Corporations.
107	(d)  Division of Library and Information Services.
108	(e)  Division of Cultural Affairs.
109	(f)  Division of Administration.
110	(3)  The Department of State may adopt rules pursuant to
111	ss. 120.536(1) and 120.54 to administer the provisions of law
112	conferring duties upon the department.
113	Section 2.  Effective January 1, 2011, section 117.01,
114	Florida Statutes, is amended to read:
115	117.01  Appointment, application, suspension, revocation,
116	application fee, bond, and oath.-
117	(1)  The Governor may appoint as many notaries public as he
118	or she deems necessary, each of whom shall be at least 18 years
119	of age and a legal resident of the state. A permanent resident
120	alien may apply and be appointed and shall file with his or her
121	application a recorded declaration of domicile. The residence
122	required for appointment must be maintained throughout the term
123	of appointment.
124	(2)  An applicant for initial appointment as a notary
125	public must submit proof that he or she has, within 1 year
126	before application for such appointment, completed at least 3
127	hours of interactive or classroom instruction, including
128	electronic notarization, covering the duties of the notary
129	public. Courses satisfying this subsection may be offered by any
130	public or private sector person or entity registered with the
131	Department of State and must include a core curriculum approved
132	by the department.
133	(3)  A notary Notaries public shall be appointed for a term
134	of 4 years and shall use and exercise the office of notary
135	public within the boundaries of this state. An applicant must be
136	able to read, write, and understand the English language.
137	(4)(a)(2)  The application for appointment must shall be
138	signed and sworn to or affirmed by the applicant, submitted to
139	the Department of State, and shall be accompanied by a fee of
140	$25, together with the $10 commission fee required by s. 113.01,
141	and a surcharge of $4. Of the surcharge, $2.80 shall be
142	deposited in the Grants and Donations Trust Fund of which $4 is
143	appropriated to the Executive Office of the Governor to be used
144	to fund the issuance of notary commissions and the processing of
145	suspensions, and the remaining $1.20 shall be deposited in the
146	Operating Trust Fund of the Department of State to be used to
147	fund the processing of notary applications, education educate
148	and assistance for assist notaries public, and the investigation
149	of complaints against notaries public. The Department of State
150	Executive Office of the Governor may contract with private
151	vendors to provide the services set forth in this section.
152	However, a no commission fee is not shall be required for the
153	issuance of a commission as a notary public to a veteran who
154	served during a period of wartime service, as defined in s.
155	1.01(14), and who has been rated by the United States Government
156	or the United States Department of Veterans Affairs or its
157	predecessor to have a disability rating of 50 percent or more;
158	such a disability is subject to verification by the Department
159	Secretary of State, which who has authority to adopt reasonable
160	procedures to implement this chapter act.
161	(b)  An application must be accompanied by the oath of
162	office and the notary bond required by this section. An shall
163	also accompany the application must and shall be submitted in
164	the format a form prescribed by the Department of State and must
165	include, at a minimum which shall require, but not be limited
166	to, the following information:
167	1.  The applicant's legal full name.,
168	2.  The applicant's residence address and telephone
169	number.,
170	3.  The applicant's business address and telephone number.,
171	4.  The applicant's date of birth, ethnicity, race, gender,
172	and citizenship status. sex,
173	5.  The applicant's social security number., citizenship
174	status,
175	6.  The applicant's driver driver's license number or the
176	number of another other official state-issued identification.,
177	affidavit of good character from someone unrelated to the
178	applicant who has known the applicant for 1 year or more,
179	7.  A list of all professional licenses and commissions
180	issued by the state to the applicant during the previous 10
181	years and a statement as to whether or not the applicant has had
182	such license or commission revoked or suspended., and
183	8.  A statement as to whether the applicant has previously
184	been commissioned as a notary public in this state.
185	9.  A statement as to whether or not the applicant has been
186	convicted or found guilty of a felony, and, if convicted or
187	found guilty there has been a conviction, a statement of the
188	nature of the felony and restoration of civil rights. The
189	applicant may not use a fictitious or assumed name other than a
190	nickname on an application for commission.
191	(c)  The application shall be maintained by the Department
192	of State for the full term of a notary commission. A notary
193	public shall notify, in writing, the Department of State of any
194	change in his or her business address or, home telephone number,
195	residence address or business telephone number, home address, or
196	criminal history record within 60 days after such change.
197	(d)  The Department of State Governor may require any other
198	information he or she deems necessary for determining whether an
199	applicant is eligible for a notary public commission. Each
200	applicant must swear or affirm on the application that the
201	information on the application is true and correct.
202	(e)  An applicant who submits an application that he or she
203	knows to contain any false, fictitious, or fraudulent statement
204	violates s. 817.155.
205	(5)(3)  As part of the oath, the applicant must swear or
206	affirm that he or she has read this chapter and knows the
207	duties, responsibilities, limitations, and powers of a notary
208	public.
209	(6)  Any person may file a complaint with the Department of
210	State alleging a violation of this chapter by a notary public.
211	Upon receipt of a complaint, the department shall investigate
212	the complaint and submit a summary of its investigative findings
213	to the Executive Office of the Governor.
214	(7)(4)  The Governor may suspend a notary public for any of
215	the grounds provided in s. 7, Art. IV of the State Constitution.
216	Grounds constituting malfeasance, misfeasance, or neglect of
217	duty include, but are not limited to, the following:
218	(a)  A material false statement on the application.
219	(b)  A complaint found to have merit by the Governor.
220	(c)  Failure to cooperate with or respond to an
221	investigation by the Executive Office of the Governor Governor's
222	office or the Department of State regarding a
223	(d)  Official misconduct as defined in s. 838.022.
224	(e)  False or misleading advertising relating to notary
225	public services.
226	(f)  Unauthorized practice of law.
227	(g)  Failure to report a change in business or residence
228	home address or telephone number, or failure to submit
229	documentation to request an amended commission after a lawful
230	name change, within the specified period of time.
231	(h)  Commission of fraud, misrepresentation, or any
232	intentional violation of this chapter.
233	(i)  Charging fees in excess of fees authorized by this
234	chapter.
235	(j)  Failure to maintain the bond required by this section.
236	(8)(5)(a)  If a notary public receives notice from the
237	Department of State that he or she his or her office has been
238	suspended from office declared vacant, the notary public shall
239	forthwith mail or deliver to the Secretary of State his or her
240	notary commission to the Department of State.
241	(b)  A notary public who wishes to resign his or her
242	commission, or a notary public who does not maintain legal
243	residence in this state during the entire term of appointment,
244	or a notary public whose resignation is required by the
245	Governor, shall send a signed letter of resignation to the
246	Governor and shall return his or her certificate of notary
247	public commission. The resigning notary public shall destroy his
248	or her official notary public seal of office, unless the
249	Governor requests its return.
250	(9)(6)  A No person may not be automatically be reappointed
251	as a notary public. The application process must be completed
252	regardless of whether an applicant is requesting his or her
253	initial first notary commission, a renewal of a commission, or
254	any subsequent commission.
255	(10)(7)(a)  A notary public shall, before prior to
256	executing the duties of the office and throughout the term of
257	office, give bond, payable to any individual harmed as a result
258	of a breach of duty by the notary public acting in his or her
259	official capacity, in the amount of $7,500, conditioned on for
260	the due discharge of the office and shall take an oath that he
261	or she will honestly, diligently, and faithfully discharge the
262	duties of the notary public. The bond shall be approved and
263	filed with the Department of State and executed by a surety
264	company for hire duly authorized to transact business in this
265	state.
266	(b)  Any notary public whose term of appointment extends
267	beyond January 1, 1999, is required to increase the amount of
268	his or her bond to $7,500 only upon reappointment on or after
269	January 1, 1999.
270	(b)(c)  Beginning July 1, 1996, Surety companies for hire
271	which process notary public applications, oaths, affidavits of
272	character, or and bonds for submission to the Department of
273	State must properly submit these documents in a software and
274	hard copy format approved by the department of State.
275	(11)(8)  Upon payment to Any individual harmed as a result
276	of a breach of duty by the notary public, the entity issuing
277	bonds for one or more notaries public must submit to the
278	Department of State an annual report that includes a statement
279	of whether any bonds were paid and, if the bonds were paid, a
280	summary of who has issued the bond for the notary public shall
281	notify the Governor of the payment and the circumstances that
282	which led to the claim. If an entity issuing such bonds does not
283	submit its annual report to the department by January 1, the
284	department shall refuse to accept bonding certificates from the
285	entity until the entity submits its annual report.
286	Section 3.  Effective January 1, 2011, subsection (4) of
287	section 117.021, Florida Statutes, is amended to read:
288	117.021  Electronic notarization.-
289	(4)  Failure of a notary public to comply with any of the
290	requirements of this section may constitute grounds for
291	suspension of the notary public's commission by the Executive
292	Office of the Governor.
293	Section 4.  Effective January 1, 2011, subsections (1),
294	(3), and (9) of section 117.05, Florida Statutes, are amended to
295	read:
296	117.05  Use of notary commission; unlawful use; notary fee;
297	seal; duties; employer liability; name change; advertising;
298	photocopies; penalties.-
299	(1)  A No person may not shall obtain or use a notary
300	public commission in other than his or her legal name or, and it
301	is unlawful for a notary public to notarize his or her own
302	signature. Any person applying for a notary public commission
303	must submit proof of identity to the Department of State if so
304	requested. Any person who violates the provisions of this
305	subsection commits is guilty of a felony of the third degree,
306	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
307	(3)(a)  A notary public seal shall be affixed to all
308	notarized paper documents and shall be of the rubber stamp type
309	and shall include the words "Notary Public-State of Florida."
310	The seal shall also include the name of the notary public, the
311	date of expiration of the commission of the notary public, and
312	the commission number. The rubber stamp seal must be affixed to
313	the notarized paper document in photographically reproducible
314	black ink. Every notary public shall print, type, or stamp below
315	his or her signature on a paper document his or her name exactly
316	as commissioned. An impression-type seal may be used in addition
317	to the rubber stamp seal, but the rubber stamp seal shall be the
318	official seal for use on a paper document, and the impression-
319	type seal may not be substituted therefor.
320	(b)  Any notary public whose term of appointment extends
321	beyond January 1, 1992, is required to use a rubber stamp type
322	notary public seal on paper documents only upon reappointment on
323	or after January 1, 1992.
324	(b)(c)  The notary public official seal and the certificate
325	of notary public commission are the exclusive property of the
326	notary public and must be kept under the direct and exclusive
327	control of the notary public. The seal and certificate of
328	commission must not be surrendered to an employer upon
329	termination of employment, regardless of whether the employer
330	paid for the seal or for the commission.
331	(c)(d)  A notary public whose official seal is lost,
332	stolen, or believed to be in the possession of another person
333	shall immediately notify the Department of State or the Governor
334	in writing.
335	(d)(e)  Any person who unlawfully possesses a notary public
336	official seal or any papers or copies relating to notarial acts
337	is guilty of a misdemeanor of the second degree, punishable as
338	provided in s. 775.082 or s. 775.083.
339	(9)  Any notary public who lawfully changes his or her name
340	shall, within 60 days after such change, request an amended
341	commission from the Department Secretary of State and shall send
342	$25, his or her current commission, and a notice of change form,
343	obtained from the department Secretary of State, which shall
344	include the new name and contain a specimen of his or her
345	official signature. The Department Secretary of State shall
346	issue an amended commission to the notary public in the new
347	name. A rider to the notary public's bond must accompany the
348	notice of change form. After submitting the required notice of
349	change form and rider to the Department Secretary of State, the
350	notary public may continue to perform notarial acts in his or
351	her former name for 60 days or until receipt of the amended
352	commission, whichever date is earlier.
353	Section 5.  Effective January 1, 2011, section 117.103,
354	Florida Statutes, is amended to read:
355	117.103  Certification of notary's authority by Department
356	Secretary of State.-A notary public is not required to record
357	his or her notary public commission in an office of a clerk of
358	the circuit court. If certification of the notary public's
359	commission is required, it must be obtained from the Department
360	Secretary of State. Upon the receipt of a written request and a
361	fee of $10 payable to the Department Secretary of State, the
362	department Secretary of State shall issue a certificate of
363	notarial authority, in a form prescribed by the department
364	Secretary of State, which shall include a statement explaining
365	the legal qualifications and authority of a notary public in
366	this state.
367	Section 6.  Effective January 1, 2011, subsections (2) and
368	(9) of section 117.107, Florida Statutes, are amended to read:
369	117.107  Prohibited acts.-
370	(2)  A notary public may not sign notarial certificates
371	using a facsimile signature stamp unless the notary public has a
372	physical disability that limits or prohibits his or her ability
373	to make a written signature and unless the notary public has
374	first submitted written notice to the Department of State with
375	an exemplar of the facsimile signature stamp.
376	(9)  A notary public may not notarize a signature on a
377	document if the person whose signature is being notarized is not
378	in the presence of the notary public at the time the signature
379	is notarized. Any notary public who violates this subsection is
380	guilty of a civil infraction, punishable by penalty not
381	exceeding $5,000, and such violation constitutes malfeasance and
382	misfeasance in the conduct of official duties. It is not a no
383	defense to the civil infraction specified in this subsection
384	that the notary public acted without intent to defraud. A notary
385	public who violates this subsection with the intent to defraud
386	violates is guilty of violating s. 117.105 and is subject to
387	suspension pursuant to s. 117.01(7).
388	Section 7.  All powers, duties, functions, rules, records,
389	personnel, and property; unexpended balances of appropriations,
390	allocations, or other funds; administrative authority; pending
391	issues; and existing contracts of the Executive Office of the
392	Governor relating to notaries public or the administration of
393	chapter 117, Florida Statutes, except for the issuance of notary
394	commissions and the suspension of notaries public, are
395	transferred by a type two transfer, as defined in s. 20.06(2),
396	Florida Statutes, from the Executive Office of the Governor to
397	the Department of State.
398	Section 8.  Section 257.015, Florida Statutes, is amended
399	to read:
400	257.015  Definitions.-As used in this chapter, the term:
401	(1)  "Department" means the Department of State.
402	(2)  "Depository library" means a library designated as a
403	depository library for state publications pursuant to s.
404	257.05(3)(c).
405	(3)(2)  "Division" means the Division of Library and
406	Information Services of the Department of State.
407	(4)(3)  "Secretary" means the Secretary of State.
408	(5)  "State agency" means any official, officer,
409	commission, board, authority, council, committee, or department
410	of state government or any state court.
411	(6)(4)  "State Librarian" means the person appointed by the
412	secretary as the director of the Division of Library and
413	Information Services pursuant to s. 257.031.
414	(7)  "State publication" means a publication in any format
415	containing information about the state or state government,
416	which information is of significant value to researchers and the
417	public, that is created under the authority of, or at least
418	partially at the expense of, a state agency or that must by law
419	be distributed to the public. The term does not include a
420	publication created exclusively for a state agency's internal
421	use.
422	Section 9.  Subsections (1) and (4) of section 257.02,
423	Florida Statutes, are amended to read:
424	257.02  State Library Information Services Council.-
425	(1)(a)  There shall be a State Library Information Services
426	Council to advise and assist the Division of Library and
427	Information Services with planning, policy, and priorities for
428	the development of statewide information services on its
429	programs and activities.
430	(b)  The council shall consist of nine members who shall be
431	appointed by the Secretary of State. Of the nine members, at
432	least one member must represent the a Florida library profession
433	professional association, at least one member must represent the
434	a Florida archive profession professional association, and at
435	least one member must represent the a Florida records management
436	profession professional association, and at least one must be a
437	person who is not, and has never been, employed in a library or
438	in teaching library science courses.
439	(c)  Of the nine members, the executive director of the
440	Florida Center for Library Automation or the center's successor,
441	and the executive director of the College Center for Library
442	Automation or the center's successor, or their designees, shall
443	serve ex officio as voting members of the council.
444	(d)  Members shall be appointed for 4-year terms. A vacancy
445	on the council shall be filled for the period of the unexpired
446	term. A member whose term expires shall continue to serve as a
447	member of the council until his or her successor or designee is
448	appointed. Except for the ex officio members serving on the
449	council pursuant to paragraph (c), a No person may not be
450	appointed to serve more than two consecutive terms as a member
451	of the council.
452	(e)  The Secretary of State may remove from office any
453	council member for malfeasance, misfeasance, neglect of duty,
454	incompetence, permanent inability to perform official duties, or
455	pleading guilty or nolo contendere to, or being found guilty of,
456	a felony.
457	(4)(a)  The officers of the State Library Information
458	Services Council shall be a chair, elected annually from the
459	members thereof, and the State Librarian, who shall serve
460	without voting rights as secretary of the council.
461	(b)  A majority of the council membership constitutes a
462	quorum. The council may not conduct a meeting unless a quorum is
463	present. An official action by the council shall require the
464	affirmative vote of a majority of the members present.
465	Section 10.  Section 257.031, Florida Statutes, is amended
466	to read:
467	257.031  State Librarian; appointment and duties.-
468	(1)  The State Librarian shall be appointed by the
469	Secretary of State, shall have completed a library school
470	program accredited by the American Library Association, and
471	shall serve as the director of the Division of Library and
472	Information Services of the Department of State. The Secretary
473	of State may, in making the appointment of State Librarian,
474	consult the members of the State Library Information Services
475	Council.
476	(2)  The State Librarian shall:
477	(a)  Keep a record of the proceedings of the State Library
478	Information Services Council;
479	(b)  Keep an accurate account of the financial transactions
480	of the division;
481	(c)  Have charge of the work of the division in organizing
482	new libraries and improving those already established;
483	(d)  In general, perform such duties as may, from time to
484	time, be assigned to him or her by the Secretary of State; and
485	(e)  Manage operations of the programs assigned by law to
486	the division.
487	Section 11.  Section 257.05, Florida Statutes, is amended
488	to read:
489	257.05  State publications program Public documents;
490	delivery to, and distribution by, division.-
491	(1)  There is established the state publications program.
492	The purpose of the program is to make significant information
493	about the state and state government accessible to researchers
494	and the public through depository libraries throughout the
495	state.
496	(2)(a)  Each state agency, upon its release of a state
497	publication, shall furnish the division with copies of the
498	publication for distribution to depository libraries throughout
499	the state as provided by rules adopted by the division.
500	(b)  Each state agency shall designate the agency's
501	communications director or equivalent position as its agency
502	publications liaison and shall notify the division of such
503	liaison's identity. The publications liaison shall maintain a
504	list of his or her agency's state publications and shall
505	periodically, but at least once each year by December 31,
506	furnish an updated list to the division.
507	(1)  The term "public document" as used in this section
508	means any document, report, directory, bibliography, rule,
509	newsletter, pamphlet, brochure, periodical, or other
510	publication, whether in print or nonprint format, that is paid
511	for in whole or in part by funds appropriated by the Legislature
512	and may be subject to distribution to the public; however, the
513	term excludes publications for internal use by an executive
514	agency as defined in s. 283.30.
515	(2)(a)  Each state official, state department, state board,
516	state court, or state agency issuing public documents shall
517	furnish the Division of Library and Information Services of the
518	Department of State 35 copies of each of those public documents,
519	as issued, for deposit in and distribution by the division.
520	However, if the division so requests, as many as 15 additional
521	copies of each public document shall be supplied to it.
522	(b)  If any state official, state department, state board,
523	state court, or state agency has fewer than 40 copies of any
524	public document, it shall supply the division with 2 copies of
525	each such public document for deposit in the State Library.
526	(c)  By December 31 of each year, any state official, state
527	department, state board, state court, or state agency issuing
528	public documents shall furnish to the division a list of all
529	public documents, including each publication that is on the
530	agency's website, issued by the official, department, board,
531	court, or agency during that calendar year.
532	(c)(d)  As issued, daily journals and bound journals of
533	each house of the Legislature; slip laws and bound session laws,
534	both general and special; and Florida Statutes and supplements
535	thereto shall be furnished to the division by the state
536	official, department, or agency having charge of their
537	distribution. The number of copies furnished shall be determined
538	by requests of the division, which number in no case may exceed
539	35 copies of the particular publication.
540	(3)  It is the duty of the division to:
541	(a)  Manage the state publications program.
542	(b)  Be the official repository for state publications.
543	(c)(a)  Designate university, college, and public libraries
544	as depository libraries depositories for state publications
545	public documents and to designate certain of these depositories
546	as regional centers for full collections of public documents.
547	(d)(b)  Establish Provide a system for the of distribution
548	of the copies of state publications furnished to depository
549	libraries it under subsection (2) to such depositories.
550	(e)(c)  Establish Publish a periodic bibliography for of
551	the state publications program of the state.
552	(4)  The division may exchange copies of state publications
553	public documents for copies of publications from those of other
554	states, territories, and countries. Depositories receiving
555	public documents under this section shall keep them in a
556	convenient form accessible to the public.
557	(5)  A depository library shall maintain state publications
558	in a format that is convenient and accessible to researchers and
559	the public.
560	(6)  The division may adopt rules to administer the state
561	publications program and this section.
562	Section 12.  Section 257.105, Florida Statutes, is amended
563	to read:
564	257.105  State publications Public documents; copies to
565	Library of Congress.-Each Any state official or state agency,
566	board, commission, or institution having charge of any of the
567	following state publications, upon requisition from hereinafter
568	named is authorized and directed to furnish the Library of
569	Congress in Washington, D.C., shall furnish upon requisition
570	from the Library of Congress with, up to three copies of:
571	(1)  The journals of both houses of the Legislature;
572	(2)  Volumes of the Supreme Court Reports;
573	(3)  Volumes of periodic reports of Cabinet officers; and
574	(4)  Copies of Reports, studies, maps, or other
575	publications by official boards or institutions of the state
576	that, from time to time, as such are published and are available
577	for public distribution.
578	Section 13.  Paragraph (g) is added to subsection (6) of
579	section 267.0612, Florida Statutes, and subsection (9) is added
580	to that section, to read:
581	267.0612  Florida Historical Commission; creation;
582	membership; powers and duties; State Historical Marker Program;
583	Great Floridians Program.-In order to enhance public
584	participation and involvement in the preservation and protection
585	of the state's historic and archaeological sites and properties,
586	there is created within the Department of State the "Florida
587	Historical Commission." The commission shall serve in an
588	advisory capacity to the director of the Division of Historical
589	Resources to assist the director in carrying out the purposes,
590	duties, and responsibilities of the division, as specified in
591	this chapter.
592	(6)  It shall be the responsibility of the commission to
593	provide assistance, advice, and recommendations to the division
594	in:
595	(g)  Evaluating proposals for Official Florida Historical
596	Markers and identifying goals for the State Historical Marker
597	Program. The evaluation process must seek to establish the
598	significance of the subject proposed for a marker. However, the
599	proposal and evaluation process must not, due to the complexity
600	or burdens of the process, preclude private citizens from
601	directly submitting proposals without professional assistance.
602	(9)(a)  The division shall establish and administer the
603	Great Floridians Program to recognize and record the
604	achievements of Floridians who have made major contributions to
605	the progress and welfare of the nation or the state and its
606	citizens. Living and deceased persons are eligible for
607	recognition, although a person whose contributions are achieved
608	through elected or appointed public service is not eligible for
609	recognition while holding such office.
610	(b)  The commission shall annually nominate one or more
611	persons with the recommendation that they be honored with the
612	designation "Great Floridian." The nominations shall be
613	submitted to the Secretary of State, who may select one or more
614	persons to be honored from among the nominations.
615	(c)  To enhance public participation and involvement in the
616	identification of any person worthy of nomination as a Great
617	Floridian, the division shall seek advice and assistance from
618	persons qualified through the demonstration of special interest,
619	experience, or education in the dissemination of knowledge about
620	the state's history.
621	(d)  Upon the designation of a person as a Great Floridian
622	by the Secretary of State, the division shall undertake
623	appropriate activities intended to achieve wide public knowledge
624	of the person designated.
625	(e)1.  The division may seek to initiate production of a
626	film, video, or digital media production depicting the life and
627	contributions of the designee to the state and nation. The
628	Department of State may be the repository of the original film,
629	video, or digital media produced under this paragraph. The
630	division may exercise the right of trademark over the terms
631	"Great Floridian" and "Great Floridians" pursuant to s. 286.031.
632	2.  The division may arrange for the distribution of all
633	film, video, or digital media productions to the general public,
634	public television stations, educational institutions, and others
635	and may establish a reasonable charge to recover the costs
636	associated with production and to provide a source of revenue to
637	assist with reproduction, marketing, and distribution of Great
638	Floridians film, video, and digital media. Proceeds from such
639	charges shall be deposited into the Historical Resources
640	Operating Trust Fund.
641	(f)  Deceased persons designated as Great Floridians may be
642	recognized by markers affixed to properties significantly
643	associated with the major contributions of the designee. Such
644	markers shall be erected pursuant to s. 267.074.
645	Section 14.  Section 267.075, Florida Statutes, is amended
646	to read:
647	267.075  Management of The Grove Advisory Council;
648	creation; membership; purposes.-
649	(1)  As used in this section, the term "division" means the
650	Division of Historical Resources of the Department of State.
651	(2)(1)  The Call/Collins House, commonly known as "The
652	Grove," located in Tallahassee, Leon County, shall be utilized
653	as a house museum of history for the educational benefit of the
654	citizens of this state. The utilization of The Grove as a museum
655	of history shall emphasize the lives and accomplishments of The
656	Grove's first owner, Richard Keith Call, Florida's last
657	Territorial Governor, and LeRoy Collins, Florida's 33rd
658	Governor, who, with his wife, Mary Call Darby Collins, were the
659	last owners of The Grove. The faithful restoration and
660	maintenance of The Grove undertaken by LeRoy Collins and Mary
661	Call Darby Collins during the nearly six decades of Collins
662	family ownership and stewardship which has preserved the
663	original plan of construction and design of The Grove shall be
664	continued as provided for in this section.
665	(2)  There is created within the Department of State The
666	Grove Advisory Council for the purpose of advising the Division
667	of Historical Resources on the operation, maintenance,
668	preservation, and protection of the Call/Collins House, commonly
669	known as "The Grove," its grounds, cemetery, and all structures
670	thereon; the furniture and furnishings located therein; any
671	changes in the architecture, structure, furnishings, or
672	landscaping deemed necessary or desirable by the council; and
673	the design and development of interpretive programs and exhibits
674	in connection therewith.
675	(3)(a)  The Grove Advisory Council shall be composed of
676	eight members, as follows:
677	1.  Five members shall be private citizens appointed by the
678	Secretary of State.
679	2.  One member shall be the Secretary of Management
680	Services or his or her designee.
681	3.  One member shall be the director of the Division of
682	Historical Resources of the Department of State.
683	4.  At least one member shall be a direct descendant of
684	Mary Call Darby Collins appointed by the Secretary of State with
685	the advice of the oldest living generation of lineal descendants
686	of Mary Call Darby Collins.
687
688	Of the citizen members, at least one member shall have
689	professional curatorial and museum expertise, one member shall
690	have professional architectural expertise in the preservation of
691	historic buildings, and one member shall have professional
692	landscape expertise. The five citizen members of the council
693	appointed by the Secretary of State and the member of the
694	council who is a direct descendant of Mary Call Darby Collins
695	appointed by the Secretary of State shall be appointed for
696	staggered 4-year terms. The Secretary of State shall fill the
697	remainder of unexpired terms for the five citizen members of the
698	council and the member of the council who is a direct descendant
699	of Mary Call Darby Collins.
700	(b)  The council shall annually elect a chair from among
701	the five citizen members of the council appointed by the
702	Secretary of State and the member of the council who is a direct
703	descendant of Mary Call Darby Collins appointed by the Secretary
704	of State. The chair shall serve for a term of 1 year. Meetings
705	of the council shall be held at the call of the chair, at the
706	request of a majority of its membership, at the request of the
707	Secretary of State, or at such times as may be prescribed by
708	rules of the council. The council shall meet at least twice
709	annually. A majority of the council shall constitute a quorum
710	for the transaction of business.
711	(c)  The council shall obtain clerical, expert, technical,
712	or other services from the Division of Historical Resources. The
713	Department of Management Services shall provide reasonable
714	assistance to the Department of State in carrying out the
715	purposes of this section.
716	(d)  Members of the council shall serve without
717	compensation or honorarium but shall be entitled to receive
718	reimbursement for per diem and travel expenses as provided in s.
719	112.061. All expenses of the council shall be paid from
720	appropriations to be made by the Legislature to the Department
721	of State. All vouchers shall be approved by the Division of
722	Historical Resources before being submitted to the Chief
723	Financial Officer for payment.
724	(3)(4)(a)  The division of Historical Resources, with the
725	advice and assistance of the council, shall maintain the
726	structure, style, character, and landscaping of The Grove, its
727	grounds, its private family cemetery, and all structures thereon
728	consistent with the character, plan, and design of The Grove at
729	the time the state takes physical possession of The Grove and
730	its surrounding property from Mary Call Darby Collins. The
731	division It shall, according to professionally accepted
732	standards, care for and maintain The Grove's physical structure;
733	control the climate within the structure; and preserve and
734	protect the antique furnishings and other articles of furniture,
735	fixtures, and decorative objects and articles used or displayed
736	in the premises, whether owned by or loaned to the division.
737	(b)  The division of Historical Resources shall catalog and
738	maintain a descriptive, photographic inventory of the
739	furnishings, fixtures, and decorative objects and articles used
740	or displayed in the premises.
741	(c)  The division of Historical Resources may receive, on
742	behalf of the state, contributions, bequests, and gifts of
743	money, furniture, works of art, memorabilia, or other property
744	consistent with the use of The Grove as described in this
745	section. Title to all property which is received in this manner
746	shall vest in the state and shall be held in trust by the
747	division of Historical Resources solely to further the purposes
748	of this section. Any No furniture, furnishings, fixtures, or
749	decorative objects associated with The Grove and acquired for
750	use at The Grove from the Collins family or any of its members
751	may not shall be used for any purpose except as a permanent part
752	of The Grove's furniture, furnishings, fixtures, or decorative
753	objects, and any such item not so utilized shall forthwith
754	revert to the Collins family member or members from whom it was
755	acquired. No gifts, contributions, or bequests shall be accepted
756	for The Grove without the advice and recommendation of the
757	council. The division shall manage The Grove in accordance with
758	rules adopted by the division for that purpose.
759	(d)  The division may operate a museum store and provide
760	other visitor services and activities related to The Grove,
761	charge fees for visitation and such other services and
762	activities, establish an endowment for the benefit of The Grove,
763	and conduct related fundraising activities of Historical
764	Resources shall adopt rules governing the maintenance and use of
765	The Grove; the selection, acquisition, and disposition of
766	furnishings and decorations for the premises; and the acceptance
767	of gifts, contributions, bequests, or loans of property.
768	(e)  The division may support the establishment and
769	operation of a citizen support organization pursuant to s.
770	267.17 for the promotion and support of The Grove. Such citizen
771	support organization, with the division's consent, may operate
772	the museum store and provide the visitor services and activities
773	authorized at The Grove. The net proceeds from operation of the
774	museum store and the visitor services and activities may only be
775	used to support The Grove.
776	Section 15.  Subsection (1) of section 267.16, Florida
777	Statutes, is amended to read:
778	267.16  Florida Folklife Programs.-It is the duty and
779	responsibility of the division to:
780	(1)  Identify, research, interpret, and present Florida
781	folk arts, artists, performers, folklore, traditions, customs,
782	and cultural heritage and make folk cultural resources, and
783	folklife projects, and folklife apprenticeship programs
784	available throughout the state. The division shall compile,
785	edit, publish, and print directories, books, articles,
786	pamphlets, and other folklife materials to disseminate
787	information about folk cultural resources. The division may
788	sponsor conferences, workshops, festivals, lectures, and
789	exhibitions on Florida folklife and promote the folk cultural
790	resources of the state.
791	Section 16.  Paragraph (d) is added to subsection (2) of
792	section 267.161, Florida Statutes, to read:
793	267.161  Florida Folklife Council.-
794	(2)  The council shall:
795	(d)  Provide assistance, advice, and recommendations to the
796	division in evaluating applications for folklife apprenticeship
797	programs pursuant to s. 267.16.
798	Section 17.  Section 283.31, Florida Statutes, is amended
799	to read:
800	283.31  Records of executive agency publications.-Each
801	agency shall maintain a record of any state publication, as
802	defined in s. 257.015 257.05, the printing of which costs in
803	excess of the threshold amount provided in s. 287.017 for
804	CATEGORY THREE, at least part of which is paid for by state
805	funds appropriated by the Legislature. Such record shall also
806	contain the following: written justification of the need for
807	such publication, purpose of such publication, legislative or
808	administrative authority, sources of funding, frequency and
809	number of issues, and reasons for deciding to have the
810	publication printed in-house, by another agency or the
811	Legislature, or purchased on bid. In addition, such record shall
812	contain the comparative costs of alternative printing methods
813	when such costs were a factor in deciding upon a method. The
814	record of the corporation operating the correctional industry
815	printing program shall include the cost of materials used, the
816	cost of labor, the cost of overhead, the amount of profit made
817	by the corporation for such printing, and whether the state
818	agencies that contract with the corporation for printing are
819	prudently determining the price paid for such printing.
820	Section 18.  Paragraph (a) of subsection (2) and subsection
821	(4) of section 286.001, Florida Statutes, are amended to read:
822	286.001  Reports statutorily required; filing, maintenance,
823	retrieval, and provision of copies.-
824	(2)  With respect to reports statutorily required of
825	agencies or officers within the executive, legislative, or
826	judicial branches of state government, the State Board of
827	Education, the Board of Governors of the State University
828	System, or the Public Service Commission, it is the duty of the
829	division, in addition to its duties under s. 257.05, to:
830	(a)  Regularly compile and update bibliographic information
831	on such reports for distribution as provided in paragraph (b).
832	Such bibliographic information may be included in the
833	bibliographies prepared by the division pursuant to s.
834	257.05(3)(e)(c).
835	(4)  Nothing in this section shall be construed to waive or
836	modify the requirement in s. 257.05(2)(a) pertaining to the
837	provision of copies of public documents to the division.
838	Section 19.  Subsection (11) of section 668.50, Florida
839	Statutes, is amended to read:
840	668.50  Uniform Electronic Transaction Act.-
841	(11)  NOTARIZATION AND ACKNOWLEDGMENT.-
842	(a)  If a law requires a signature or record to be
843	notarized, acknowledged, verified, or made under oath, the
844	requirement is satisfied if the electronic signature of the
845	person authorized by applicable law to perform those acts,
846	together with all other information required to be included by
847	other applicable law, is attached to or logically associated
848	with the signature or record. Neither a rubber stamp nor an
849	impression type seal is required for an electronic notarization.
850	(b)  A first-time applicant for a notary commission must
851	submit proof that the applicant has, within 1 year prior to the
852	application, completed at least 3 hours of interactive or
853	classroom instruction, including electronic notarization, and
854	covering the duties of the notary public. Courses satisfying
855	this section may be offered by any public or private sector
856	person or entity registered with the Executive Office of the
857	Governor and must include a core curriculum approved by that
858	office.
859	Section 20.  Subsection (2) of section 872.05, Florida
860	Statutes, is amended to read:
861	872.05  Unmarked human burials.-
862	(2)  DEFINITIONS.-As used in this section, the term:
863	(a)  "Archaeologist" means a person who is registered by
864	the Society of Professional Archaeologists with an emphasis in
865	field research or who, in the judgment of the State
866	Archaeologist, meets the training and experience requirements
867	necessary for such registration.
868	(b)  "District medical examiner" means a person appointed
869	under s. 406.06, s. 406.15, or s. 406.17.
870	(c)  "Division" means the Division of Historical Resources
871	of the Department of State.
872	(d)  "Human skeletal analyst" means a person who possesses
873	a postgraduate degree in human skeletal biology, human forensic
874	osteology, or other related area of physical anthropology and
875	who has a minimum of 1 year of laboratory experience in human
876	skeletal analysis and reconstruction.
877	(e)  "State Archaeologist" means the person employed by the
878	division pursuant to s. 267.031(7).
879	(f)  "Unmarked human burial" means any human skeletal
880	remains or associated burial artifacts or any location,
881	including any burial mound or earthen or shell monument, where
882	human skeletal remains or associated burial artifacts are
883	discovered or believed to exist on the basis of archaeological
884	or historical evidence. The term does not include those portions
885	of human remains that are shed naturally by living persons,
886	including, but not limited to, hair and teeth. The term also
887	does not include, excluding any burial marked or previously
888	marked by a tomb, monument, gravestone, or other structure or
889	thing placed or designed as a memorial of the dead.
890	Section 21.  Sections 267.0731 and 267.0743, Florida
891	Statutes, are repealed.
892	Section 22.  Except as otherwise expressly provided in this
893	act, this act shall take effect July 1, 2010.

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