Florida Senate - 2011 (NP) SB 1982
By Senator Alexander
17-00673-11 20111982__
1 A bill to be entitled
2 An act relating to the Polk County Historical
3 Commission, Polk County; amending chapter 96-462, Laws
4 of Florida; revising the number of commission members;
5 providing for membership eligibility, terms of
6 membership, meetings, attendance at meetings, and
7 rules of procedure; providing for staff; providing
8 powers and duties; providing for a historical
9 preservation manager; providing for funding and the
10 creation of dedicated accounts for the Polk County
11 Historical Museum and the Genealogical Library;
12 deleting provisions relating to the Polk County
13 Historical Association; requiring the board of county
14 commissioners to provide a repository for certain
15 materials; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Chapter 96-462, Laws of Florida, is amended to
20 read:
21 Section 1. There is created a commission to be known as the
22 “Polk County Historical Commission.” The commission shall
23 consist of 9 13 members, appointed by the Polk County Board of
24 County Commissioners, who meet the following qualifications:
25 (1) The Chairperson of the Polk County Board of County
26 Commissioners or his or her designated commissioner.
27 (2) A member who is directly involved with the operation of
28 historic museums, sites, or organizations in Polk County or who
29 has shown a demonstrated interest in historic preservation and
30 who resides in Commission District 1.
31 (3) A member who is directly involved with the operation of
32 historic museums, sites, or organizations in Polk County or who
33 has shown a demonstrated interest in historic preservation and
34 who resides in Commission District 2.
35 (4) A member who is directly involved with the operation of
36 historic museums, sites, or organizations in Polk County or who
37 has shown a demonstrated interest in historic preservation and
38 who resides in Commission District 3.
39 (5) A member who is directly involved with the operation of
40 historic museums, sites, or organizations in Polk County or who
41 has shown a demonstrated interest in historic preservation and
42 who resides in Commission District 4.
43 (6) A member who is directly involved with the operation of
44 historic museums, sites, or organizations in Polk County or who
45 has shown a demonstrated interest in historic preservation and
46 who resides in Commission District 5.
47 (7) An at-large member who has shown a demonstrated
48 interest in historic preservation.
49 (8) An at-large member who has shown a demonstrated
50 interest in historic preservation.
51 (9) A representative of the Polk County Library
52 Cooperative.
53
54 Members 1, 7, 8, and 9 shall be appointed by the chairperson of
55 the board. Member 2 shall be appointed by the commissioner from
56 district 1; member 3 shall be appointed by the commissioner from
57 district 2; member 4 shall be appointed by the commissioner from
58 district 3; member 5 shall be appointed by the commissioner from
59 district 4; and member 6 shall be appointed by the commissioner
60 from district 5 consisting of: Member number one, a member of
61 the Board of County Commissioners of Polk County; member number
62 two, a county judge of Polk County; member number three, the
63 Clerk of the Circuit Court of Polk County; and members numbered
64 four, five, six, seven, eight, nine, ten, eleven, twelve, and
65 thirteen, who must be registered voters of Polk County, who must
66 be appointed by the Polk County Board of County Commissioners,
67 and whose terms of office are for 4 years and until their
68 successors are appointed and qualified. In selecting registered
69 voters to serve as members of the historical commission, the
70 board of county commissioners shall consider their interest in
71 the history and cultural lore and development of the county and
72 state. A member of the commission may not receive any
73 compensation for service on the commission. Of the 10 members
74 appointed by the board of county commissioners, two must reside
75 in each of the five county commission districts.
76 Section 2. (1) All members of the commission shall be
77 electors of Polk County. Except for the appointed Polk County
78 Commissioner, members 2, 3, and 4 shall initially serve terms of
79 2 years each; members 5, 6, and 7 shall initially serve terms of
80 3 years each; and members 8 and 9 shall initially serve terms of
81 4 years each. Thereafter, members shall serve staggered terms of
82 3 years each. Vacancies shall be filled by the chairperson of
83 the board for the unexpired term in the same manner as the
84 original appointment. Members may be reappointed to serve one
85 additional term.
86 (2) Commission members are expected to attend the regularly
87 scheduled meetings of the board. When a commission member is
88 unable to attend, he or she must notify the chairperson in
89 advance of the meeting. Failing to notify the chairperson will
90 result in the absence being classified as unexcused. Any
91 commission member failing to obtain an excused absence for three
92 consecutive meetings may be subject to removal from the
93 commission shall elect the chairman and other officers of the
94 commission.
95 Section 3. A quorum shall consist of five members. The
96 commission may, when necessary, appoint a clerk to be known as
97 “County Historian.”
98 Section 4. At its first meeting, the commission shall
99 select from among its membership a chairperson and a vice
100 chairperson and shall adopt bylaws and rules of procedure.
101 Section 5. The commission shall meet at such times and
102 locations as announced by the chairperson but not less than
103 quarterly during any calendar year. All meetings of the
104 commission are subject to the provisions and protocols of
105 section 286.011, Florida Statutes, and chapter 119, Florida
106 Statutes.
107 Section 6. It is the duty of the commission to collect,
108 arrange, record, and preserve historical material and data,
109 including books, pamphlets, maps, charts, manuscripts, family
110 histories, census records, papers, and other objects and
111 material illustrative of and relating to the history of Polk
112 County and of Florida and otherwise; to procure and preserve
113 narratives of the early pioneers and, their exploits, perils,
114 privations, and achievements; and to collect material of every
115 description relative to the history of its Indian tribes and
116 wars and relative to its soldiers, schools, and churches. In
117 addition, the commission shall exercise the following powers and
118 duties over the Polk County Historical Museum and the Polk
119 County Genealogical Library:
120 (1) Develop and establish reliable and sustainable sources
121 of public, private, and enterprise funding to ensure the
122 continued operation of the historical museum and the
123 genealogical library and maintenance of its collections.
124 (2) Serve as an advisory commission to the board and the
125 staff of the historical museum and genealogical library and the
126 executive director as requested.
127 (3) Apply for grants of money or property for the benefit
128 of the historical museum and genealogical library, subject to
129 acceptance of such grants by the board.
130
131 The commission is further authorized to promote and solicit
132 bequests, donations, contributions, and gifts of money and
133 property donated for purposes of funding the continued operation
134 of the historical museum and genealogical library and shall act
135 as trustee of such funds for the benefit of the citizens of Polk
136 County.
137 Section 7. The board of county commissioners shall employ a
138 historical preservation manager for the purposes of representing
139 the historical museum and the genealogical library and the board
140 in the development of funding mechanisms and long-range
141 planning. The county manager’s office shall be responsible for
142 establishing the job description and expectations for this
143 position, hiring the historical preservation manager, and
144 establishing the chain of command for this position. The
145 historical preservation manager shall work with the county
146 manager’s staff each year during the county’s annual budget
147 process, after receiving advice from the board, to establish a
148 balanced budget for the historical museum and genealogical
149 library, which budget shall include funds received from the
150 board and any other sources.
151 Section 8. All funding, gifts, and grants that are secured
152 on behalf of the historical museum and the genealogical library,
153 from whatever source, shall be used solely in the interest of
154 historical preservation on behalf of the citizens of Polk County
155 for the purpose of collection, display, recording, and
156 preservation of historical material and data; for maintenance of
157 the collections and facilities; and for the operation of the
158 historical museum and the genealogical library.
159 Section 9. All funds received for the historical museum and
160 the genealogical library, whether from gifts, grants, bequests,
161 donations, contributions, the board, or any other source, shall
162 be deposited in a historical museum and genealogical library
163 dedicated account (the “HMGL account”), which account shall be
164 maintained separate and apart from all other accounts of the
165 county. All funds shall be deposited into the HMGL account
166 immediately upon receipt. Moneys deposited into the HMGL account
167 shall be used solely in the interest of historical preservation
168 on behalf of the citizens of Polk County for the purpose of
169 collection, display, recording, and preservation of historical
170 material and data; for maintenance of the collections and
171 facilities; and for the operation of the historical museum and
172 genealogical library, including personnel costs. No funds
173 received for those purposes and deposited into the HMGL account
174 may be diverted or appropriated for uses unrelated to the uses
175 specified in this section.
176 Section 10.5. The commission may, upon its own initiative
177 or upon petition of municipalities or historical societies, mark
178 by proper monuments, tablets, or markers the locations of forts
179 or other places in Polk County where historical events have
180 transpired.
181 Section 11.6. The Clerk of the Circuit Court of Polk County
182 shall file and record, without charge, in a book or books which
183 shall be furnished to the clerk by the board of county
184 commissioners, all such historical material and data that the
185 commission directs to be filed and recorded.
186 Section 7. The Polk County Historical Commission shall
187 sponsor a Polk County Historical Association, made up of
188 interested persons from all areas of the county, membership on
189 which may require a membership fee. Membership fees shall be
190 deposited into the general fund budget of the association to be
191 earmarked for the specific use of the preservation of history.
192 Section 12.8. The Board of County Commissioners of Polk
193 County shall pay the expenses of the historical commission out
194 of the general fund of the county. The board of county
195 commissioners shall also provide suitable and adequate space as
196 a repository for the findings, collections, and other material
197 of the historical commission, the historical museum, and the
198 genealogical library.
199 Section 13.9. This act shall not be construed as affecting
200 any action, right, or liability of the Polk County Historical
201 Commission taken before or existing on the effective date of
202 this act. This act does not affect the term of any person
203 serving on the Polk County Historical Commission on the day
204 before the effective date of this act.
205 Section 2. This act shall take effect upon becoming a law.