Bill Text: FL S0396 | 2015 | Regular Session | Introduced

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-Introduced.html

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       Florida Senate - 2015                                     SB 396
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00235A-15                                           2015396__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Historic Capitol;
    3         amending s. 272.129, F.S.; renaming the Legislative
    4         Research Center and Museum at the Historic Capitol as
    5         the Florida Historic Capitol Museum; removing
    6         provisions authorizing establishment of a citizen
    7         support organization to support the Legislative
    8         Research Center and Museum; creating s. 272.131, F.S.;
    9         creating the Florida Historic Capitol Museum Council;
   10         providing for the appointment and qualifications of
   11         council members; prescribing duties and
   12         responsibilities for the council and individual
   13         council members; amending s. 272.135, F.S.; renaming
   14         the position of Capitol Curator as the Florida
   15         Historic Capitol Museum Director; conforming
   16         provisions; amending s. 272.136, F.S.; revising the
   17         composition of the board of directors governing the
   18         Florida Historic Capitol Museum’s direct-support
   19         organization; providing that per diem and travel
   20         expenses must be paid from direct-support organization
   21         funds; conforming provisions; amending s. 320.0807,
   22         F.S.; redirecting a portion of the proceeds from the
   23         fee for special license plates for former federal or
   24         state legislators to the Florida Historic Capitol
   25         Museum’s direct-support organization; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 272.129, Florida Statutes, is amended to
   31  read:
   32         272.129 Florida Historic Capitol; space allocation;
   33  maintenance, repair, and security.—
   34         (1) The Legislature shall ensure that all space in the
   35  Florida Historic Capitol is restored in a manner consistent with
   36  the 1902 form and made available for allocation. Notwithstanding
   37  the provisions of ss. 255.249 and 272.04 that relate to space
   38  allocation in state-owned buildings, the President of the Senate
   39  and the Speaker of the House of Representatives shall have
   40  responsibility and authority for the allocation of all space in
   41  the restored Florida Historic Capitol, provided:
   42         (a) The rotunda, corridors, Senate chamber, House of
   43  Representatives chamber, and Supreme Court chamber may shall not
   44  be used as office space.
   45         (b) The Legislature shall be allocated sufficient space for
   46  program and administrative functions relating to the
   47  preservation, museum, and cultural programs of the Legislature.
   48         (2) The Florida Historic Capitol shall be maintained in
   49  accordance with good historic preservation practices as
   50  specified in the National Park Service Preservation Briefs and
   51  the Secretary of the Interior’s Standards for Rehabilitation and
   52  Guidelines for Rehabilitating Historic Buildings.
   53         (3) Custodial and preventive maintenance and repair of the
   54  entire Florida Historic Capitol and the grounds located adjacent
   55  thereto shall be the responsibility of the Department of
   56  Management Services, subject to the special requirements of the
   57  building as determined by the director of the Florida Historic
   58  Capitol Museum Capitol Curator.
   59         (4)(a) The Legislative Research Center and Museum at the
   60  Historic Capitol, hereinafter referred to as “center,” may
   61  support the establishment of a citizen support organization to
   62  provide assistance, funding, and promotional support for the
   63  center. For the purposes of this subsection, “citizen support
   64  organization” means an organization that is:
   65         1. A Florida corporation not for profit incorporated under
   66  the provisions of chapter 617 and approved by the Department of
   67  State.
   68         2. Organized and operated to conduct programs and
   69  activities; raise funds; request and receive grants, gifts, and
   70  bequests of money; acquire, receive, hold, invest, and
   71  administer in its own name securities, funds, objects of value,
   72  or other real and personal property; and make expenditures to or
   73  for the direct or indirect benefit of the center.
   74         3. Determined by the center to be consistent with the goals
   75  of the center and in the best interests of the state.
   76         4. Annually approved in writing by the center to operate
   77  for the direct or indirect benefit of the center. Such approval
   78  shall be given in a letter of agreement from the center.
   79         (b)1. The Legislative Research Center and Museum at the
   80  Historic Capitol may permit, without charge, appropriate use of
   81  fixed property and facilities of the center by the citizen
   82  support organization, subject to the provisions of this
   83  subsection. Such use must be directly in keeping with the
   84  approved purposes of the citizen support organization and may
   85  not be made at times or places that would unreasonably interfere
   86  with normal operations of the center.
   87         2. The center may prescribe by rule any condition with
   88  which the citizen support organization must comply in order to
   89  use fixed property or facilities of the center.
   90         3. The center may not permit the use of any fixed property
   91  or facilities by any citizen support organization if such
   92  organization does not provide equal membership and employment
   93  opportunities to all persons regardless of race, color,
   94  religion, gender, age, or national origin.
   95         (c) A citizen support organization shall provide for an
   96  annual financial audit in accordance with s. 215.981.
   97         (d) All records of a citizen support organization
   98  constitute public records for the purposes of chapter 119.
   99         (e) The citizen support organization for the Legislative
  100  Research Center and Museum at the Historic Capitol is authorized
  101  to collect rental fees, apply for and receive grants, and
  102  receive gifts and donations for the direct or indirect benefit
  103  of the center.
  104         (f) All funds obtained through rental fees, grants, gifts,
  105  and donations to the citizen support organization shall be
  106  deposited into the account of the citizen support organization
  107  and used for the direct or indirect benefit of the Legislative
  108  Research Center and Museum at the Historic Capitol unless the
  109  citizen support organization is no longer authorized as required
  110  by this subsection, fails to comply with the requirements of
  111  this subsection, fails to maintain its tax-exempt status
  112  pursuant to s. 501(c)(3) of the Internal Revenue Code, or ceases
  113  to exist. If the citizen support organization is no longer
  114  authorized as required by this subsection, fails to comply with
  115  the requirements of this subsection, fails to maintain its tax
  116  exempt status pursuant to s. 501(c)(3) of the Internal Revenue
  117  Code, or ceases to exist, all funds obtained through rental
  118  fees, grants, gifts, and donations in the citizen support
  119  organization account shall revert to the state and be deposited
  120  into an account designated by the Legislature.
  121         Section 2. Section 272.131, Florida Statutes, is created to
  122  read:
  123         272.131 Florida Historic Capitol Museum Council.—The
  124  Florida Historic Capitol Museum Council is created within the
  125  legislative branch of state government.
  126         (1) The council is composed of 12 members. Council members
  127  shall be selected based on their dedication to preserving the
  128  Florida Historic Capitol and advancing the mission of the
  129  Florida Historic Capitol Museum. Council members must
  130  demonstrate an interest in documenting the institutional
  131  knowledge and historic traditions of state governance with an
  132  emphasis on legislative history, the advancement of civics
  133  education, and the encouragement of residents of this state to
  134  engage with state government. The Florida Historic Capitol
  135  Museum Director shall serve in an advisory capacity to the
  136  council. The council shall consist of the following members:
  137         (a) The Secretary of the Senate.
  138         (b) The Clerk of the House of Representatives.
  139         (c) The Sergeants at Arms of both houses of the
  140  Legislature.
  141         (d) The President of the Senate and the Speaker of the
  142  House of Representatives each shall appoint three members. Of
  143  the three appointments, one must be a current member of the
  144  presiding officer’s respective chamber and one must be a former
  145  legislator or an officer of the Legislature.
  146         (e) The board of directors of the Florida Historic Capitol
  147  Museum’s direct-support organization shall appoint two members
  148  from its membership.
  149         (2) A council member shall:
  150         (a) Serve without compensation, except that he or she is
  151  entitled to receive reimbursement for per diem and travel
  152  expenses in accordance with s. 112.061. Such expenses must be
  153  paid out of funds of the Florida Historic Capitol Museum’s
  154  direct-support organization.
  155         (b) Attend a majority of council meetings each calendar
  156  quarter.
  157         (c) Serve as an advocate and ambassador for the museum.
  158         (d) Serve as a liaison to the Governor, the President of
  159  the Senate, and the Speaker of the House of Representatives.
  160         (e) Cultivate relationships with legislative staff to
  161  advance the mission and activities of the museum.
  162         (f) Lend expertise and use his or her personal and
  163  professional contacts for the advancement of the museum.
  164         (g) Participate in key museum events.
  165         (h) Become a member of the museum.
  166         (3) The council shall:
  167         (a) Designate a chair.
  168         (b) Work with museum staff to prepare and recommend a
  169  strategic plan to guide the council’s mission. The council shall
  170  submit a copy of the strategic plan to the President of the
  171  Senate and the Speaker of the House of Representatives by
  172  December 31, 2017, and any updates to the strategic plan must be
  173  submitted every 2 years thereafter.
  174         (c) Periodically review the museum’s strategic plan.
  175         (d) Ensure that the museum retains an emphasis on
  176  preserving legislative history and traditions by cultivating
  177  relationships with current and former legislators, collecting
  178  historic materials, and encouraging public participation in the
  179  museum’s programs.
  180         (e) Ensure that the museum operates as a public trust in
  181  accordance with the Ethics, Standards, and Best Practices and
  182  the Code of Ethics for Museums adopted by the American Alliance
  183  of Museums.
  184         (f) Meet annually with the board of directors of the
  185  Florida Historic Capitol Museum’s direct-support organization to
  186  jointly evaluate how the direct-support organization’s outreach
  187  and development plan complements and supports the museum and the
  188  council’s strategic plan.
  189         (g) Assist museum staff in planning any legislative
  190  reunions.
  191         Section 3. Section 272.135, Florida Statutes, is amended to
  192  read:
  193         272.135 Florida Historic Capitol Museum Director Curator.—
  194         (1) The position of the Florida Historic Capitol Museum
  195  Director Capitol Curator is created within the Legislature,
  196  which shall establish the qualifications for the position. The
  197  director curator shall be appointed by and serve at the pleasure
  198  of the President of the Senate and the Speaker of the House of
  199  Representatives.
  200         (2) The director Capitol Curator shall:
  201         (a) Promote and encourage throughout the state knowledge
  202  and appreciation of the Florida Historic Capitol.
  203         (b) Collect, research, exhibit, interpret, preserve, and
  204  protect the history, artifacts, objects, furnishings, and other
  205  materials related to the Florida Historic Capitol, except for
  206  archaeological research and resources.
  207         (c) Develop, direct, supervise, and maintain the interior
  208  design and furnishings of all space within the Florida Historic
  209  Capitol in a manner consistent with the restoration of the
  210  Florida Historic Capitol in its 1902 form.
  211         (3) In conjunction with the Legislative Research Center and
  212  Museum at the Florida Historic Capitol Museum Council, the
  213  director Capitol Curator may assist the Florida Historic Capitol
  214  Museum in the performance of its mission by:
  215         (a) Raising money.;
  216         (b) Submitting requests for and receiving grants.;
  217         (c) Receiving, holding, investing, and administering in the
  218  name of the Florida Historic Capitol Museum and the Legislative
  219  Research Center and Museum securities, funds, objects of value,
  220  or other real and personal property.;
  221         (d) Receiving gifts and donations for the direct or
  222  indirect benefit of the Florida Historic Capitol.; and
  223         (e) Making expenditures to or for the direct or indirect
  224  benefit of the Florida Historic Capitol.
  225         Section 4. Section 272.136, Florida Statutes, is amended to
  226  read:
  227         272.136 Direct-support organization.—The Legislative
  228  Research Center and Museum at the Florida Historic Capitol
  229  Museum Council and the Florida Historic Capitol Museum Director
  230  Capitol Curator may establish a direct-support organization to
  231  provide assistance and promotional support through fundraising
  232  for the Florida Historic Capitol Museum and the Legislative
  233  Research Center and Museum, including, but not limited to, its
  234  their educational programs and initiatives.
  235         (1) The direct-support organization shall be governed by a
  236  board of directors. Board members must demonstrate who have
  237  demonstrated a capacity for supporting the mission of the
  238  Florida Historic Capitol.
  239         (a) Initial appointments to the board shall be made by the
  240  President of the Senate and the Speaker of the House of
  241  Representatives at the recommendation of the council center and
  242  the director curator. Appointments to the board shall thereafter
  243  be made by the board.
  244         (b) The initial board shall consist of nine members who
  245  shall be appointed to 3-year terms, except that the terms of
  246  such the initial appointees shall be designated accomplished so
  247  that three members are appointed for 1 year, three members are
  248  appointed for 2 years, and three members are appointed for 3
  249  years, in order to achieve staggered terms, as determined by the
  250  presiding officers.
  251         (c) The board may add up to 12 two additional members.
  252         (d) The Board members shall serve without compensation, but
  253  except that they are entitled to receive reimbursement for per
  254  diem and travel expenses in accordance with s. 112.061. Such
  255  expenses must be paid out of funds of the direct-support
  256  organization.
  257         (e) The board may use the fixed property and facilities of
  258  the Florida Historic Capitol, subject to the provisions of this
  259  subsection. Such use must be directly in keeping with the
  260  approved purposes of the direct-support organization and may not
  261  be made at times or places that would unreasonably interfere
  262  with the normal operations of the Florida Historic Capitol.
  263         (2) The direct-support organization must be a Florida
  264  corporation, not for profit, incorporated under chapter 617, and
  265  approved by the Department of State.
  266         (3) The council and director curator and center may
  267  prescribe any condition with which the direct-support
  268  organization must comply.
  269         (4) The council and director curator and the center may not
  270  authorize permit the use of any fixed property or facilities by
  271  the direct-support organization if the organization does not
  272  provide equal membership and employment opportunities to all
  273  persons regardless of race, color, religion, gender, age, or
  274  national origin.
  275         (5) The direct-support organization shall provide for an
  276  annual financial audit in accordance with s. 215.981.
  277         (6) If the direct-support organization is no longer
  278  authorized by this section, fails to comply with the
  279  requirements of this section, fails to maintain its tax-exempt
  280  status pursuant to s. 501(c)(3) of the Internal Revenue Code, or
  281  ceases to exist, all funds obtained through grants, gifts, and
  282  donations in the direct-support organization account shall
  283  revert to the state and be deposited into an account designated
  284  by the Legislature for the support of the Florida Historic
  285  Capitol, provided that donations made for specific purposes in
  286  an original donor agreement shall be applied only to those
  287  purposes.
  288         (7)(a) The identity of a donor or prospective donor to the
  289  direct-support organization who desires to remain anonymous, and
  290  all information identifying such donor or prospective donor, is
  291  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  292  of the State Constitution. Such anonymity shall be maintained in
  293  any auditor’s report created pursuant to the annual financial
  294  audit required under subsection (5).
  295         (b) This subsection is subject to the Open Government
  296  Sunset Review Act in accordance with s. 119.15 and shall stand
  297  repealed on October 2, 2017, unless reviewed and saved from
  298  repeal through reenactment by the Legislature.
  299         Section 5. Paragraph (c) of subsection (6) of section
  300  320.0807, Florida Statutes, is amended to read:
  301         320.0807 Special license plates for Governor and federal
  302  and state legislators.—
  303         (6)
  304         (c) Four hundred fifty dollars of the one-time fee
  305  collected under paragraph (a) shall be distributed to the
  306  account of the direct-support organization established pursuant
  307  to s. 272.136 citizen support organization established pursuant
  308  to s. 272.129 and used for the benefit of the Florida Historic
  309  Capitol Museum Legislative Research Center and Museum at the
  310  Historic Capitol, and the remaining $50 shall be deposited into
  311  the Highway Safety Operating Trust Fund.
  312         Section 6. This act shall take effect July 1, 2015.