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