Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 396
       
       
       
       
       
       
                                Ì905914.Î905914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2015           .                                
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       The Committee on Appropriations (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 272.129, Florida Statutes, is amended to
    6  read:
    7         272.129 Florida Historic Capitol; space allocation;
    8  maintenance, repair, and security.—
    9         (1) The Legislature shall ensure that all space in the
   10  Florida Historic Capitol is restored in a manner consistent with
   11  the 1902 form and made available for allocation. Notwithstanding
   12  the provisions of ss. 255.249 and 272.04 that relate to space
   13  allocation in state-owned buildings, the President of the Senate
   14  and the Speaker of the House of Representatives shall have
   15  responsibility and authority for the allocation of all space in
   16  the restored Florida Historic Capitol, provided:
   17         (a) The rotunda, corridors, Senate chamber, House of
   18  Representatives chamber, and Supreme Court chamber may shall not
   19  be used as office space.
   20         (b) The Legislature shall be allocated sufficient space for
   21  program and administrative functions relating to the
   22  preservation, museum, and cultural programs of the Legislature.
   23         (2) The Florida Historic Capitol shall be maintained in
   24  accordance with good historic preservation practices as
   25  specified in the National Park Service Preservation Briefs and
   26  the Secretary of the Interior’s Standards for Rehabilitation and
   27  Guidelines for Rehabilitating Historic Buildings.
   28         (3) Custodial and preventive maintenance and repair of the
   29  entire Florida Historic Capitol and the grounds located adjacent
   30  thereto shall be the responsibility of the Department of
   31  Management Services, subject to the special requirements of the
   32  building as determined by the director of the Florida Historic
   33  Capitol Museum Curator.
   34         (4)(a) The Legislative Research Center and Museum at the
   35  Historic Capitol, hereinafter referred to as “center,” may
   36  support the establishment of a citizen support organization to
   37  provide assistance, funding, and promotional support for the
   38  center. For the purposes of this subsection, “citizen support
   39  organization” means an organization that is:
   40         1. A Florida corporation not for profit incorporated under
   41  the provisions of chapter 617 and approved by the Department of
   42  State.
   43         2. Organized and operated to conduct programs and
   44  activities; raise funds; request and receive grants, gifts, and
   45  bequests of money; acquire, receive, hold, invest, and
   46  administer in its own name securities, funds, objects of value,
   47  or other real and personal property; and make expenditures to or
   48  for the direct or indirect benefit of the center.
   49         3. Determined by the center to be consistent with the goals
   50  of the center and in the best interests of the state.
   51         4. Annually approved in writing by the center to operate
   52  for the direct or indirect benefit of the center. Such approval
   53  shall be given in a letter of agreement from the center.
   54         (b)1. The Legislative Research Center and Museum at the
   55  Historic Capitol may permit, without charge, appropriate use of
   56  fixed property and facilities of the center by the citizen
   57  support organization, subject to the provisions of this
   58  subsection. Such use must be directly in keeping with the
   59  approved purposes of the citizen support organization and may
   60  not be made at times or places that would unreasonably interfere
   61  with normal operations of the center.
   62         2. The center may prescribe by rule any condition with
   63  which the citizen support organization must comply in order to
   64  use fixed property or facilities of the center.
   65         3. The center may not permit the use of any fixed property
   66  or facilities by any citizen support organization if such
   67  organization does not provide equal membership and employment
   68  opportunities to all persons regardless of race, color,
   69  religion, gender, age, or national origin.
   70         (c) A citizen support organization shall provide for an
   71  annual financial audit in accordance with s. 215.981.
   72         (d) All records of a citizen support organization
   73  constitute public records for the purposes of chapter 119.
   74         (e) The citizen support organization for the Legislative
   75  Research Center and Museum at the Historic Capitol is authorized
   76  to collect rental fees, apply for and receive grants, and
   77  receive gifts and donations for the direct or indirect benefit
   78  of the center.
   79         (f) All funds obtained through rental fees, grants, gifts,
   80  and donations to the citizen support organization shall be
   81  deposited into the account of the citizen support organization
   82  and used for the direct or indirect benefit of the Legislative
   83  Research Center and Museum at the Historic Capitol unless the
   84  citizen support organization is no longer authorized as required
   85  by this subsection, fails to comply with the requirements of
   86  this subsection, fails to maintain its tax-exempt status
   87  pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases
   88  to exist. If the citizen support organization is no longer
   89  authorized as required by this subsection, fails to comply with
   90  the requirements of this subsection, fails to maintain its tax
   91  exempt status pursuant to s. 501(c)(3) of the Internal Revenue
   92  Code, or ceases to exist, all funds obtained through rental
   93  fees, grants, gifts, and donations in the citizen support
   94  organization account shall revert to the state and be deposited
   95  into an account designated by the Legislature.
   96         Section 2. Section 272.131, Florida Statutes, is created to
   97  read:
   98         272.131 Florida Historic Capitol Museum Council.—The
   99  Florida Historic Capitol Museum Council is created within the
  100  legislative branch of state government.
  101         (1) The council is composed of 13 members. Council members
  102  shall be selected based on their dedication to preserving the
  103  Florida Historic Capitol and advancing the mission of the
  104  Florida Historic Capitol Museum. Council members must
  105  demonstrate an interest in documenting the institutional
  106  knowledge and historic traditions of state governance with an
  107  emphasis on legislative history, the advancement of civics
  108  education, and the encouragement of residents of this state to
  109  engage with state government. To be fully qualified to serve on
  110  the council, appointed prospective members should be experts in,
  111  or hold credentials in, the fields most directly related to the
  112  mission of the Florida Historic Capitol Museum, including, but
  113  not limited to, history, education, historic preservation, legal
  114  history, or political science, or be leaders in their respective
  115  communities or statewide, with demonstrated success in building
  116  community support for cultural institutions. The council
  117  consists of the following members:
  118         (a) The Secretary of the Senate.
  119         (b) The Clerk of the House of Representatives.
  120         (c) The Sergeants at Arms of both houses of the
  121  Legislature.
  122         (d) The President of the Senate and the Speaker of the
  123  House of Representatives each shall appoint three members, two
  124  of whom must be former legislators or officers of the
  125  Legislature and one who is a representative of the general
  126  public.
  127         (e) The board of directors of the Florida Historic Capitol
  128  Museum’s direct-support organization shall appoint three members
  129  from its membership.
  130         (2) A council member shall:
  131         (a) Serve without compensation, except that he or she is
  132  entitled to receive reimbursement for per diem and travel
  133  expenses in accordance with s. 112.061. Such expenses must be
  134  paid out of funds of the Florida Historic Capitol Museum’s
  135  direct-support organization.
  136         (b) Attend a majority of council meetings each calendar
  137  quarter.
  138         (c) Serve as an advocate and ambassador for the museum.
  139         (d) Lend expertise and use his or her personal and
  140  professional contacts for the advancement of the museum.
  141         (e) Participate in key museum events.
  142         (f) Become a member of the museum.
  143         (3) The council shall:
  144         (a) Designate a chair.
  145         (b) Provide guidance and support to assist the Museum
  146  Director and staff in developing a strategic plan to guide the
  147  activities of the museum. The Museum Director shall propose a
  148  strategic plan to the President of the Senate and the Speaker of
  149  the House of Representatives by May 1 of each year in which a
  150  general election is held and shall propose an annual operating
  151  plan.
  152         (c) Periodically review the museum’s strategic plan.
  153         (d) Ensure that the museum retains an emphasis on
  154  preserving legislative history and traditions by cultivating
  155  relationships with current and former legislators, collecting
  156  historic materials, and encouraging public participation in the
  157  museum’s programs.
  158         (e) Ensure that the museum operates as a public trust in
  159  accordance with the Ethics, Standards, and Best Practices and
  160  the Code of Ethics for Museums adopted by the American Alliance
  161  of Museums.
  162         (f) Meet annually with the board of directors of the
  163  Florida Historic Capitol Museum’s direct-support organization to
  164  jointly review the museum’s strategic plan before its
  165  presentation to the President of the Senate and the Speaker of
  166  the House of Representatives and evaluate the direct-support
  167  organization’s long-term development goals and near-term
  168  strategies.
  169         (g) Assist museum staff in planning the Biennial Joint
  170  Legislative Reunion.
  171         Section 3. Section 272.135, Florida Statutes, is amended to
  172  read:
  173         272.135 Florida Historic Capitol Museum Director Curator.—
  174         (1) The position of the Florida Historic Capitol Museum
  175  Director Capitol Curator is created within the Legislature,
  176  which shall establish the qualifications for the position. The
  177  director curator shall be appointed by and serve at the pleasure
  178  of the President of the Senate and the Speaker of the House of
  179  Representatives.
  180         (2) The director Capitol Curator shall:
  181         (a) Promote and encourage throughout the state knowledge
  182  and appreciation of the Florida Historic Capitol.
  183         (b) Collect, research, exhibit, interpret, preserve, and
  184  protect the history, artifacts, objects, furnishings, and other
  185  materials related to the Florida Historic Capitol, except for
  186  archaeological research and resources.
  187         (c) Develop, direct, supervise, and maintain the interior
  188  design and furnishings of all space within the Florida Historic
  189  Capitol in a manner consistent with the restoration of the
  190  Florida Historic Capitol in its 1902 form.
  191         (3) In conjunction with the Legislative Research Center and
  192  Museum at the Florida Historic Capitol Museum Council, the
  193  director Capitol Curator may assist the Florida Historic Capitol
  194  Museum in the performance of its mission by:
  195         (a) Raising money.;
  196         (b) Submitting requests for and receiving grants.;
  197         (c) Receiving, holding, investing, and administering in the
  198  name of the Florida Historic Capitol Museum and the Legislative
  199  Research Center and Museum securities, funds, objects of value,
  200  or other real and personal property.;
  201         (d) Receiving gifts and donations for the direct or
  202  indirect benefit of the Florida Historic Capitol.; and
  203         (e) Making expenditures to or for the direct or indirect
  204  benefit of the Florida Historic Capitol.
  205         Section 4. Section 272.136, Florida Statutes, is amended to
  206  read:
  207         272.136 Direct-support organization.—The Legislative
  208  Research Center and Museum at the Florida Historic Capitol
  209  Museum Council and the Florida Historic Capitol Museum Director
  210  Capitol Curator may establish a direct-support organization to
  211  provide assistance and promotional support through fundraising
  212  for the Florida Historic Capitol Museum and the Legislative
  213  Research Center and Museum, including, but not limited to, its
  214  their educational programs and initiatives.
  215         (1) The direct-support organization shall be governed by a
  216  board of directors. Board members must demonstrate who have
  217  demonstrated a capacity for supporting the mission of the
  218  Florida Historic Capitol.
  219         (a) Initial appointments to the board shall be made by the
  220  President of the Senate and the Speaker of the House of
  221  Representatives at the recommendation of the council center and
  222  the director curator. Appointments to the board shall thereafter
  223  be made by the board.
  224         (b) The initial board shall consist of nine members who
  225  shall be appointed to 3-year terms, except that the terms of
  226  such the initial appointees shall be designated accomplished so
  227  that three members are appointed for 1 year, three members are
  228  appointed for 2 years, and three members are appointed for 3
  229  years, in order to achieve staggered terms, as determined by the
  230  presiding officers.
  231         (c) Effective July 1, 2015, the board may add up to 12 two
  232  additional members to be appointed for 3-year terms.
  233         (d) The Board members shall serve without compensation, but
  234  except that they are entitled to receive reimbursement for per
  235  diem and travel expenses in accordance with s. 112.061. Such
  236  expenses must be paid out of funds of the direct-support
  237  organization.
  238         (e) The board may use the fixed property and facilities of
  239  the Florida Historic Capitol, subject to the provisions of this
  240  subsection. Such use must be directly in keeping with the
  241  approved purposes of the direct-support organization and may not
  242  be made at times or places that would unreasonably interfere
  243  with the normal operations of the Florida Historic Capitol.
  244         (2) The direct-support organization must be a Florida
  245  corporation, not for profit, incorporated under chapter 617, and
  246  approved by the Department of State.
  247         (3) The director curator and center may prescribe any
  248  condition with which the direct-support organization must
  249  comply.
  250         (4) The director curator and the center may not authorize
  251  permit the use of any fixed property or facilities by the
  252  direct-support organization if the organization does not provide
  253  equal membership and employment opportunities to all persons
  254  regardless of race, color, religion, gender, age, or national
  255  origin.
  256         (5) The direct-support organization shall provide for an
  257  annual financial audit in accordance with s. 215.981.
  258         (6) If the direct-support organization is no longer
  259  authorized by this section, fails to comply with the
  260  requirements of this section, fails to maintain its tax-exempt
  261  status pursuant to s. 501(c)(3) of the Internal Revenue Code, or
  262  ceases to exist, all funds obtained through grants, gifts, and
  263  donations in the direct-support organization account shall
  264  revert to the state and be deposited into an account designated
  265  by the Legislature for the support of the Florida Historic
  266  Capitol, provided that donations made for specific purposes in
  267  an original donor agreement shall be applied only to those
  268  purposes.
  269         (7)(a) The identity of a donor or prospective donor to the
  270  direct-support organization who desires to remain anonymous, and
  271  all information identifying such donor or prospective donor, is
  272  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  273  of the State Constitution. Such anonymity shall be maintained in
  274  any auditor’s report created pursuant to the annual financial
  275  audit required under subsection (5).
  276         (b) This subsection is subject to the Open Government
  277  Sunset Review Act in accordance with s. 119.15 and shall stand
  278  repealed on October 2, 2017, unless reviewed and saved from
  279  repeal through reenactment by the Legislature.
  280         Section 5. Paragraph (c) of subsection (6) of section
  281  320.0807, Florida Statutes, is amended to read:
  282         320.0807 Special license plates for Governor and federal
  283  and state legislators.—
  284         (6)
  285         (c) Four hundred fifty dollars of the one-time fee
  286  collected under paragraph (a) shall be distributed to the
  287  account of the direct-support organization established pursuant
  288  to s. 272.136 citizen support organization established pursuant
  289  to s. 272.129 and used for the benefit of the Florida Historic
  290  Capitol Museum Legislative Research Center and Museum at the
  291  Historic Capitol, and the remaining $50 shall be deposited into
  292  the Highway Safety Operating Trust Fund.
  293         Section 6. This act shall take effect July 1, 2015.
  294  
  295  ================= T I T L E  A M E N D M E N T ================
  296  And the title is amended as follows:
  297         Delete everything before the enacting clause
  298  and insert:
  299                        A bill to be entitled                      
  300         An act relating to the Florida Historic Capitol;
  301         amending s. 272.129, F.S.; removing references to the
  302         Legislative Research Center and Museum at the Historic
  303         Capitol; removing provisions authorizing establishment
  304         of a citizen support organization to support the
  305         Legislative Research Center and Museum; creating s.
  306         272.131, F.S.; creating the Florida Historic Capitol
  307         Museum Council; providing for the appointment and
  308         qualifications of council members; prescribing duties
  309         and responsibilities for the council and individual
  310         council members; amending s. 272.135, F.S.; renaming
  311         the position of Capitol Curator as the Florida
  312         Historic Capitol Museum Director; conforming
  313         provisions; amending s. 272.136, F.S.; revising the
  314         composition of the board of directors governing the
  315         Florida Historic Capitol Museum’s direct-support
  316         organization; providing that per diem and travel
  317         expenses must be paid from direct-support organization
  318         funds; conforming provisions; amending s. 320.0807,
  319         F.S.; redirecting a portion of the proceeds from the
  320         fee for special license plates for former federal or
  321         state legislators to the Florida Historic Capitol
  322         Museum’s direct-support organization; providing an
  323         effective date.