Bill Text: FL S0396 | 2015 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Florida Historic Capitol

Spectrum: Bipartisan Bill

Status: (Passed) 2015-05-22 - Chapter No. 2015-47 [S0396 Detail]

Download: Florida-2015-S0396-Comm_Sub.html

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       Florida Senate - 2015                       CS for CS for SB 396
       
       
        
       By the Committees on Appropriations; and Governmental Oversight
       and Accountability; and Senators Detert and Gaetz
       
       
       
       
       576-02508-15                                           2015396c2
    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.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 272.129, Florida Statutes, is amended to
   30  read:
   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 shall not
   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
   66  State.
   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
  121  read:
  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
  145  Legislature.
  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
  150  public.
  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
  161  quarter.
  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
  175  plan.
  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
  192  strategies.
  193         (g) Assist museum staff in planning the Biennial Joint
  194  Legislative Reunion.
  195         Section 3. Section 272.135, Florida Statutes, is amended to
  196  read:
  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
  203  Representatives.
  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
  230  read:
  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
  261  organization.
  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
  273  comply.
  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
  279  origin.
  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
  292  purposes.
  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.—
  308         (6)
  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.