Bill Text: FL H0745 | 2011 | Regular Session | Comm Sub

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Bill Title: Polk County Historical Commission, Polk County

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1003 [H0745 Detail]

Download: Florida-2011-H0745-Comm_Sub.html

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CS/HB 745

1	A bill to be entitled
2	An act relating to the Polk County Historical Commission,
3	Polk County; amending chapter 96-462, Laws of Florida;
4	revising the number of commission members; providing for
5	membership eligibility, terms of membership, meetings,
6	attendance at meetings, and rules of procedure; providing
7	for staff; providing powers and duties; providing for
8	funding and the creation of dedicated accounts for the
9	Polk County Historical Museum and the Genealogical
10	Library; deleting provisions relating to the Polk County
11	Historical Association; requiring the board of county
12	commissioners to provide a repository for certain
13	materials; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Chapter 96-462, Laws of Florida, is amended to
18	read:
19	Section 1.  There is created a commission to be known as
20	the "Polk County Historical Commission." The commission shall
21	consist of 9 13 members who meet the following qualifications:
22	(1)  The Chairperson of the Polk County Board of County
23	Commissioners or his or her designated commissioner.
24	(2)  A member who is directly involved with the operation
25	of historic museums, sites, or organizations in Polk County or
26	who has shown a demonstrated interest in historic preservation
27	and who resides in Commission District 1.
28	(3)  A member who is directly involved with the operation
29	of historic museums, sites, or organizations in Polk County or
30	who has shown a demonstrated interest in historic preservation
31	and who resides in Commission District 2.
32	(4)  A member who is directly involved with the operation
33	of historic museums, sites, or organizations in Polk County or
34	who has shown a demonstrated interest in historic preservation
35	and who resides in Commission District 3.
36	(5)  A member who is directly involved with the operation
37	of historic museums, sites, or organizations in Polk County or
38	who has shown a demonstrated interest in historic preservation
39	and who resides in Commission District 4.
40	(6)  A member who is directly involved with the operation
41	of historic museums, sites, or organizations in Polk County or
42	who has shown a demonstrated interest in historic preservation
43	and who resides in Commission District 5.
44	(7)  An at-large member who has shown a demonstrated
45	interest in historic preservation.
46	(8)  An at-large member who has shown a demonstrated
47	interest in historic preservation.
48	(9)  A representative of the Polk County Library
49	Cooperative.
50
51	Members 7, 8, and 9 shall be appointed by the chairperson of the
52	board. Member 2 shall be appointed by the commissioner from
53	district 1; member 3 shall be appointed by the commissioner from
54	district 2; member 4 shall be appointed by the commissioner from
55	district 3; member 5 shall be appointed by the commissioner from
56	district 4; and member 6 shall be appointed by the commissioner
57	from district 5, consisting of: Member number one, a member of
58	the Board of County Commissioners of Polk County; member number
59	two, a county judge of Polk County; member number three, the
60	Clerk of the Circuit Court of Polk County; and members numbered
61	four, five, six, seven, eight, nine, ten, eleven, twelve, and
62	thirteen, who must be registered voters of Polk County, who must
63	be appointed by the Polk County Board of County Commissioners,
64	and whose terms of office are for 4 years and until their
65	successors are appointed and qualified. In selecting registered
66	voters to serve as members of the historical commission, the
67	board of county commissioners shall consider their interest in
68	the history and cultural lore and development of the county and
69	state. A member of the commission may not receive any
70	compensation for service on the commission. Of the 10 members
71	appointed by the board of county commissioners, two must reside
72	in each of the five county commission districts.
73	Section 2.  (1)  All members of the commission shall be
74	electors of Polk County. Members 2, 3, and 4 shall initially
75	serve terms of 2 years each; members 5, 6, and 7 shall initially
76	serve terms of 3 years each; and members 8 and 9 shall initially
77	serve terms of 4 years each. Thereafter, members shall serve
78	staggered terms of 3 years each. Vacancies shall be filled by
79	the chairperson of the board for the unexpired term in the same
80	manner as the original appointment. Members may be reappointed
81	to serve one additional term.
82	(2)  Commission members are expected to attend the
83	regularly scheduled meetings of the board. When a commission
84	member is unable to attend, he or she must notify the
85	chairperson in advance of the meeting. Failing to notify the
86	chairperson will result in the absence being classified as
87	unexcused. Any commission member failing to obtain an excused
88	absence for three consecutive meetings will be subject to
89	automatic removal from the commission shall elect the chairman
90	and other officers of the commission.
91	Section 3.  A quorum shall consist of five members. The
92	commission may, when necessary, appoint a clerk to be known as
93	"County Historian."
94	Section 4.  At its first meeting, and annually thereafter,
95	the commission shall select from among its membership a
96	chairperson and a vice chairperson and shall adopt bylaws and
97	rules of procedure.
98	Section 5.  The commission shall meet at such times and
99	locations as announced by the chairperson but not less than
100	quarterly during any calendar year. All meetings of the
101	commission are subject to the provisions and protocols of
102	section 286.011, Florida Statutes, and chapter 119, Florida
103	Statutes.
104	Section 6.  It is the duty of the commission to collect,
105	arrange, record, and preserve historical material and data,
106	including books, pamphlets, maps, charts, manuscripts, family
107	histories, census records, papers, and other objects and
108	material illustrative of and relating to the history of Polk
109	County and of Florida and otherwise; to procure and preserve
110	narratives of the early pioneers and, their exploits, perils,
111	privations, and achievements; and to collect material of every
112	description relative to the history of its Indian tribes and
113	wars and relative to its soldiers, schools, and churches. In
114	addition, the commission shall exercise the following powers and
115	duties over the Polk County Historical Museum and the Polk
116	County Genealogical Library:
117	(1)  Develop and establish reliable and sustainable sources
118	of public, private, and enterprise funding to ensure the
119	continued operation of the historical museum and the
120	genealogical library and maintenance of its collections.
121	(2)  Serve as an advisory commission to the board and the
122	staff of the historical museum and genealogical library and the
123	executive director as requested.
124	(3)  Apply for grants of money or property for the benefit
125	of the historical museum and genealogical library, subject to
126	acceptance of such grants by the board.
127
128	The commission is further authorized to promote and solicit
129	bequests, donations, contributions, and gifts of money and
130	property donated for purposes of funding the continued operation
131	of the historical museum and genealogical library and shall act
132	as trustee of such funds for the benefit of the citizens of Polk
133	County.
134	Section 7.  All funding, gifts, and grants that are secured
135	on behalf of the historical museum and the genealogical library,
136	from whatever source, shall be used solely in the interest of
137	historical preservation on behalf of the citizens of Polk County
138	for the purpose of collection, display, recording, and
139	preservation of historical material and data; for maintenance of
140	the collections and facilities; and for the operation of the
141	historical museum and the genealogical library.
142	Section 8.  All funds received for the historical museum
143	and the genealogical library, whether from gifts, grants,
144	bequests, donations, contributions, the board, or any other
145	source, shall be deposited in a historical museum and
146	genealogical library dedicated account (the "HMGL account"),
147	which account shall be maintained separate and apart from all
148	other accounts of the county. All funds shall be deposited into
149	the HMGL account immediately upon receipt. Moneys deposited into
150	the HMGL account shall be used solely in the interest of
151	historical preservation on behalf of the citizens of Polk County
152	for the purpose of collection, display, recording, and
153	preservation of historical material and data; for maintenance of
154	the collections and facilities; and for the operation of the
155	historical museum and genealogical library, including personnel
156	costs. No funds received for those purposes and deposited into
157	the HMGL account may be diverted or appropriated for uses
158	unrelated to the uses specified in this section.
159	Section 9.5.  The commission may, upon its own initiative
160	or upon petition of municipalities or historical societies, mark
161	by proper monuments, tablets, or markers the locations of forts
162	or other places in Polk County where historical events have
163	transpired.
164	Section 10.6.  The Clerk of the Circuit Court of Polk
165	County shall file and record, without charge, in a book or books
166	which shall be furnished to the clerk by the board of county
167	commissioners, all such historical material and data that the
168	commission directs to be filed and recorded.
169	Section 7.  The Polk County Historical Commission shall
170	sponsor a Polk County Historical Association, made up of
171	interested persons from all areas of the county, membership on
172	which may require a membership fee. Membership fees shall be
173	deposited into the general fund budget of the association to be
174	earmarked for the specific use of the preservation of history.
175	Section 11.8.  The Board of County Commissioners of Polk
176	County shall pay the expenses of the historical commission out
177	of the general fund of the county. The board of county
178	commissioners shall also provide suitable and adequate space as
179	a repository for the findings, collections, and other material
180	of the historical commission, the historical museum, and the
181	genealogical library.
182	Section 12.9.  This act shall not be construed as affecting
183	any action, right, or liability of the Polk County Historical
184	Commission taken before or existing on the effective date of
185	this act. This act does not affect the term of any person
186	serving on the Polk County Historical Commission on the day
187	before the effective date of this act.
188	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.