Bill Text: FL S2010 | 2010 | Regular Session | Introduced

---

Bill Title: Florida Agricultural Museum [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on General Government Appropriations [S2010 Detail]

Download: Florida-2010-S2010-Introduced.html

---

 
Florida Senate - 2010                                    SB 2010 
 
By Senator Dean 
3-01577-10                                            20102010__ 
1                        A bill to be entitled 
2         An act relating to the Florida Agricultural Museum; 
3         repealing s. 570.901, F.S., relating to the museum; 
4         amending ss. 570.902 and 570.903, F.S., relating to 
5         direct-support organizations for the museum and 
6         certain other programs and definitions applicable to 
7         such provisions; deleting provisions pertaining to the 
8         museum to conform to the repeal by the act of 
9         provisions establishing the museum; providing an 
10         effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Section 570.901, Florida Statutes, is repealed. 
15         Section 2. Section 570.902, Florida Statutes, is amended to 
16  read: 
17         570.902 Definitions; ss. 570.902 and 570.903.—For the 
18  purpose of ss. 570.902 and 570.903: 
19         (1) “Designated program” means the specific departmental 
20  program which a direct-support organization has been created to 
21  support. 
22         (2) “Direct-support organization” or “organization” means 
23  an organization which is a Florida corporation not for profit 
24  incorporated under the provisions of chapter 617 and approved by 
25  the department to operate for the benefit of a museum or a 
26  specific departmental program. 
27         (3) “Museum” means the Florida Agricultural Museum which is 
28  designated as the museum for agriculture and rural history of 
29  the State of Florida. 
30         Section 3. Section 570.903, Florida Statutes, is amended to 
31  read: 
32         570.903 Direct-support organization.— 
33         (1) When the Legislature authorizes the establishment of a 
34  direct-support organization to provide assistance for the 
35  museums, the Florida Agriculture in the Classroom Program, the 
36  Florida State Collection of Arthropods, the Friends of the 
37  Florida State Forests Program of the Division of Forestry, and 
38  the Forestry Arson Alert Program, and other programs of the 
39  department, the following provisions shall govern the creation, 
40  use, powers, and duties of the direct-support organization. 
41         (a) The department shall enter into a memorandum or letter 
42  of agreement with the direct-support organization, which shall 
43  specify the approval of the department, the powers and duties of 
44  the direct-support organization, and rules with which the 
45  direct-support organization shall comply. 
46         (b) The department may permit, without charge, appropriate 
47  use of property, facilities, and personnel of the department by 
48  a direct-support organization, subject to the provisions of ss. 
49  570.902 and 570.903. The use shall be directly in keeping with 
50  the approved purposes of the direct-support organization and 
51  shall not be made at times or places that would unreasonably 
52  interfere with opportunities for the general public to use 
53  department facilities for established purposes. 
54         (c) The department shall prescribe by contract or by rule 
55  conditions with which a direct-support organization shall comply 
56  in order to use property, facilities, or personnel of the 
57  department or museum. Such rules shall provide for budget and 
58  audit review and oversight by the department. 
59         (d) The department may shall not permit the use of 
60  property, facilities, or personnel of the museum, department, or 
61  designated program by a direct-support organization which does 
62  not provide equal employment opportunities to all persons 
63  regardless of race, color, religion, sex, age, or national 
64  origin. 
65         (2)(a) The direct-support organization shall be empowered 
66  to conduct programs and activities; raise funds; request and 
67  receive grants, gifts, and bequests of money; acquire, receive, 
68  hold, invest, and administer, in its own name, securities, 
69  funds, objects of value, or other property, real or personal; 
70  and make expenditures to or for the direct or indirect benefit 
71  of the museum or designated program. 
72         (b) Notwithstanding the provisions of s. 287.057, the 
73  direct-support organization may enter into contracts or 
74  agreements with or without competitive bidding for the 
75  restoration of objects, historical buildings, and other 
76  historical materials or for the purchase of objects, historical 
77  buildings, and other historical materials which are to be added 
78  to the collections of the museum, or benefit the designated 
79  program. However, before the direct-support organization may 
80  enter into a contract or agreement without competitive bidding, 
81  the direct-support organization shall file a certification of 
82  conditions and circumstances with the internal auditor of the 
83  department justifying each contract or agreement. 
84         (c) Notwithstanding the provisions of s. 287.025(1)(e), the 
85  direct-support organization may enter into contracts to insure 
86  property of the museum or designated programs and may insure 
87  objects or collections on loan from others in satisfying 
88  security terms of the lender. 
89         (3) The direct-support organization shall provide for an 
90  annual financial audit in accordance with s. 215.981. 
91         (4) Neither a designated program or a museum, nor a 
92  nonprofit corporation trustee or employee may: 
93         (a) Receive a commission, fee, or financial benefit in 
94  connection with the sale or exchange of historical objects or 
95  properties to the direct-support organization, the museum, or 
96  the designated program; or 
97         (b) Be a business associate of any individual, firm, or 
98  organization involved in the sale or exchange of property to the 
99  direct-support organization, the museum, or the designated 
100  program. 
101         (5) All moneys received by the direct-support organization 
102  shall be deposited into an account of the direct-support 
103  organization and shall be used by the organization in a manner 
104  consistent with the goals of the museum or designated program. 
105         (6) The identity of a donor or prospective donor who 
106  desires to remain anonymous and all information identifying such 
107  donor or prospective donor are confidential and exempt from the 
108  provisions of s. 119.07(1) and s. 24(a), Art. I of the State 
109  Constitution. 
110         (7) The Commissioner of Agriculture, or the commissioner’s 
111  designee, may serve on the board of trustees and the executive 
112  committee of any direct-support organization established to 
113  benefit the museum or any designated program. 
114         (8) The department shall establish by rule archival 
115  procedures relating to museum artifacts and records. The rules 
116  shall provide procedures which protect the museum’s artifacts 
117  and records equivalent to those procedures which have been 
118  established by the Department of State under chapters 257 and 
119  267. 
120         Section 4. This act shall take effect July 1, 2010.