The Florida Senate

¹266.00001  Historic preservation boards of trustees; authority of Department of State.--

(1)  This act establishes historic preservation boards of trustees within the Department of State for the purpose of assisting the state to promote and protect its historic and archaeological sites and properties. The historic preservation boards are to provide leadership in the preservation of those resources within their respective jurisdictions, in accordance with the provisions of this act. The protection of those historic resources is considered to be of statewide significance and to be in the public interest of the state.

(2)  The boards are placed under the administrative supervision of the Division of Historical Resources of the Department of State. The department may require members of the board appointed as provided in s. 266.0013 to give a bond.

(3)  The sale of property by the boards and the distribution of the proceeds from such sale is governed as follows:

(a)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired by or on behalf of the state prior to June 1, 1991, must be deposited into the board's operating trust fund and appropriated therefrom by the Legislature.

(b)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired with state moneys on or after June 1, 1991, must be deposited into the board's operating trust fund and appropriated therefrom by the Legislature.

(c)  The proceeds from the sale of any property that is owned or controlled by a board, or its direct-support organization, and that was acquired by means other than the use of state moneys on or after June 1, 1991, must be deposited pursuant to rules of the department.

(d)  The acquisition, alienation, or encumbrance of property by a board, or its direct-support organization, must be approved by the department, and the use of the proceeds therefrom is restricted to those uses authorized by the rules of the department.

(4)  Within the guidelines set forth in chapter 253 or the rules promulgated by the Department of State, whichever is applicable, a board may negotiate on behalf of the Board of Trustees of the Internal Improvement Trust Fund contracts or agreements to acquire or dispose of any interest in real property. Any real property acquired under this section shall be held in the name of the Board of Trustees of the Internal Improvement Trust Fund and shall be dedicated to use by the board in furtherance of its objectives. In the event that the property has been designated as historically significant property by the department, and the board and the department certify that they reasonably believe that it is in the best interest of the state to negotiate the acquisition or disposition of such real property outside the requirements of chapter 253, then such negotiation shall be conducted under the rules promulgated by the department. No property may be acquired under the provisions of this act upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance.

(5)  The Department of State shall adopt rules on or before January 1, 1992, which prescribe the criteria and guidelines to be used in the acquisition or disposition of real property under this chapter when such acquisition or disposition procedures are exempt from the provisions of chapter 253. Such exemption shall apply only when the property to be acquired or disposed of has been designated by the department as historically significant property and the board and the department certify that they reasonably believe such exemption to be in the best interest of the state. Each board must comply with the applicable provisions of chapter 253 or the rules of the department regarding such acquisition or disposition.

History.--ss. 1, 67, ch. 91-120; s. 5, ch. 91-429; s. 29, ch. 98-34.

¹Note.--Chapter 97-68 repealed the sections providing for all of the historic preservation boards except the Historic Pensacola Preservation Board of Trustees.