florida statutes 1985, 1986 supplement volume...5.250.10 1986 supplement to florida statutes 1985...

s.246.227 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.250.10

(4) In addition to or in lieu of any remedy provided in this section, the board may seek the imposition of a civil penalty through the circuit court for any violation for which the board may issue a notice to cease and desist under this section. The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney's fees and, in the event the board prevails, may also award reasonable costs of investiga tion .

Hlltory.-s. 13. ch . 74-360; s. 3, ch. 76-168; s. 1, ch . 77-457: s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 10, 14, 15, ch. 86-275.

'Note.-Repealed effective October 1,1996, by s. t5, ch. 86-275, and scheduled for review pursu~nt to s. 11.61 .

1246.228 Grounds for disciplinary action; action by the board.-

(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(a) Attempting to obtain, obtaining, or renewing a license to operate a school by bribery, by fraudulent misrepresentations, or through an error of the board.

(b) Having a license to operate a school revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction, which crime directly relates to the operation of a school or would render such person unfit to operate a school.

(d) Aiding, assisting, procuring, or advising any unlicensed person to operate a school contrary to this chapter or to a rule of the board.

(e) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

(f) Violating any provision of this section or rule of the board, the penalty for which is a disciplinary action set forth in subsection (2), or any lawful order of the board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board.

(g) Conspiring with another licensee or with any other person to commit an act , or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his services,

(h) False, deceptive, or misleading advertising. (2) The board shall enter a final order either dismiss

ing the complaint or imposing one or more of the following penalties:

(a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to exceed

$1,000 for each count or separate offense. Such fine shall be deposited in the State Treasury.

(d) Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify.

(e) Issuance of a written reprimand to the school. Such reprimand shall be posted in a prominent place at the school for such period of time as the board may

specify. History.-ss. 11 , 15, ch. 86-275.

'Note.-Expires October 1,1996, pursuant to s. 15, ch. 86-275, and is scheduled for review pursuant to s. 11 .61.

246.229 Enforcement.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s, 14, ch, 86-275. Repealed effective October 1,1996, by s. 15, ch. 86-275, and scheduled for review pursuant to s. 11.61 ,J

1246.231 Penalties.-Any person who violates or fails to comply with ss. 246,201-246.231 or any of the rules promulgated thereunder:

(1) For the first conviction, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) For a second or subsequent conviction, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) May have his license revoked. Hlltory,-s. 15, ch. 74-300; s. 3, ch. 76-168; s. 1, ch . 77-457; s. 4, ch. 78-323;

ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; S8. 12, 14, 15, ch. 86-275. 'Note.-Repealed effective October 1,1996, by s. 15, ch. 86-275, and scheduled

for review pursuant to s. 11 .61.

CHAPTER 250

MILITARY CODE

250.10 Appointment and duties of the Adjutant General.

250.10 Appointment and duties of the Adjutant General.-

(1) In case of a vacancy, the Governor shall, subject to confirmation by the Senate, appoint a federally recognized officer of the Florida National Guard who shall have served therein as such for at least 5 years and attained the rank of major or higher, to be the Adjutant General of the state with the rank of not less than brigadier general or such higher rank as may be authorized by applicable tables of organization of the Department of the Army. The Adjutant General and all other officers of the Florida National Guard on permanent duty with the Military Department and who are paid from state funds shall receive the pay and allowances of their respective grade as prescribed by applicable pay tables of the national military establishment for similar grade and period of service of personnel, unless a different rate of pay and allowances be specified in the appropriation bill, in which event such pay shall be the amount therein specified. An officer, with his consent, may be ordered to active state service for administrative duty with the Military Department at a grade lower than he currently holds. The Adjutant General of the state shall be the Chief of the Military Department. He shall:

(a) Supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military stores of the state.

(b) Supervise all troops, arms, and branches of the militia, such supervisory powers covering primarily all duties pertaining to their organization, armament, discipline, training, recruiting, inspection, instruction, pay, subsistence, and supplies.

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5.250.10 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s.253.023

(c) Maintain records of all officers and men of the Organized Militia. and keep on file in his office, copies of all orders, reports, and communications received and issued by him.

(d) Cause the law and orders relating to the militia of Florida to be indexed, printed, and bound, and prepare and publish blank books, forms, and stationery when necessary, and furnish them at the expense of the state.

(e)1. Prepare and publish by order of the Governor such orders, rules and regulations, consistent with law, as are necessary to bring the organization, armament, equipment, training, and discipline of the Florida National Guard to a state of efficiency as nearly as possible to that of the regular United States Army and Air Force, and he shall attest all orders of the commander in chief relating to the militia.

2. Establish by directive an organized and super-vised physical fitness program for state active duty personnel of the Department of Military Affairs, provided that the program does not exceed 1 hour per day, for a maximum of 3 hours per week, and originates and terminates at the normal work site. All fees, membership dues, equipment, and clothing relating to such physical fitness program shall be at no cost to the state. Administrative leave, not to exceed 3 hours per week, shall be provided by the department to all state active duty personnel participating in the physical fitness program.

(f) Prepare such reports and returns as the Secretary of Defense may prescribe and require.

(g) Perform such other duties as may be required of him by the commander in chief.

(h) The Adjutant General may employ such clerical help as is necessary for the proper conduct of the Military Department, and he is authorized to accept such clerical, technical, or other assistants as may be provided by the Federal Government.

(i) Establish and maintain as part of his office a repository of records of the services of Florida troops, including Florida officers and enlisted men, during all wars, and shall be the custodian of all records, relics, trophies, colors, and histories relating to such wars, now in possession of or which may be acquired by the state.

U) The Adjutant General shall have a seal of office, to be approved by the commander in chief, and all copies of papers in his office, duly certified and authenticated under the said seal, shall be admissible in evidence in all cases in like manner as if the original were produced.

(k) The Adjutant General shall, not less than 10 days before each session of the Legislature, report to the Governor the number and condition of the Organized Militia, and the number and condition of the arms and accouterments in the custody of the state, and shall transmit to the Governor at said time a detailed report of all funds and moneys received and disbursed by the Military Department. He shall also make such recommendations as to needed legislation as he may deem proper.

(2) There shall be furnished suitable buildings for conducting the business of the Military Department and for the proper storage, repair and issuance of military property.

(3) The Adjutant General shall employ a federally recognized officer of the Florida National Guard who shall have served therein as such for at least 5 years and have obtained the rank of major or higher, to be the Assistant Adjutant General who shall perform such duties as the Adjutant General may require, and who shall in the absence of the Adjutant General be the acting Adjutant General and perform the duties required of the Adjutant General.

(4) The Adjutant General shall employ a federally recognized officer of the Florida National Guard as the state quartermaster who under the direction of the Adjutant General shall be accountable for all funds accruing to the Military Department, receive, preserve, repair, issue, distribute and account for all State Military Department property to include real estate pertaining to the State Armory Board; construct, maintain, improve and repair facilities pertaining to the Military Department and the armory board; he will be the recorder of the armory board, and will perform such other duties as may be required of him by the Adjutant General; he shall give a surety bond in a surety company approved by the Adjutant General in such amount as the Adjutant General may determine.

Hlatory.-ss. 10, 10'/,. 12. 13, ch. 8502,1921: s. 2, ch. 10185, 1925: CGL 2021, 2022.2024,2025: s. 4. ch. 20849.1941: s. 1. ch. 25112,1949: s. 83, ch. 73-333: s. 5, ch . 77-85: s. 114, ch. 79-400: s. 1, ch . 86-239.

Note.-Former SS. 250.1 1, 250.12, 250.14, 250.15.

253.023

253.025 253.115 253.53 253.54

CHAPTER 253

STATE LANDS

Conservation and Recreation Lands Trust Fund; purpose.

Acquisition of state lands. Public notice and hearings. Sealed bids required. Competitive bidding.

253.023 Conservation and Recreation Lands Trust Fund; purpose.-

(1) It is the policy of the state that the citizens of this state shall be assured the availability of public lands on which to recreate. In recognition of this policy, it is the intent of the Legislature to provide such public lands for the people residing in urban and metropolitan areas of the state as well as those residing in less populated, rural areas; it is the further intent of the Legislature, with regard to the lands described in paragraph (3)(b), that a high priority be given to the acquisition of such lands in or near counties exhibiting the greatest concentration of population and, with regard to the lands described in subsection (3), that a high priority be given to acquiring lands within any area designated as an area of critical state concern under s. 380.05 which, in the judgment of the selection committee established pursuant to s. 259.035, cannot be adequately protected by application of land development regulations adopted pursuant to s. 380.05.

'(2) The Conservation and Recreation Lands Trust Fund is established within the Department of Natural Resources. The fund shall be used as a nonlapsing. revolv-

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ing fund exclusively for the purposes of this section. The fund shall be credited with proceeds from the excise taxes imposed under chapter 211, as follows:

(a) Proceeds from the excise taxes on the production of oil, gas, or sulfur, as provided in s. 211 .06(2); and

(b) Proceeds from the excise taxes on severance of minerals, as provided in part II of chapter 211.

The Department of Revenue shall credit to the fund each month the proceeds distributable to the fund, commencing with excise taxes collected in July 1984. However, the amount credited to the fund shall not exceed $25 million in fiscal year 1984-1985, $34 million in fiscal year 1985-1986, or $40 million in any fiscal year thereafter . The department shall deposit any balance in excess of such amounts into the General Revenue Fund.

(3) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, may allocate moneys from the fund in anyone year to acquire the fee or any lesser interest in land in each of the following categories:

(a) Lands qualified for purchase as environmentally endangered lands as defined in s. 259.03(2), or

(b) Lands which the board of trustees determines should be acquired in the public interest for the following purposes:

1. For use and protection as natural flood plain, marsh, or estuary, if the protection and conservation of such lands is necessary to enhance or protect water quality or quantity or to protect fish or wildlife habitat which cannot otherwise be accomplished through local and state regulatory programs;

2. For use as state parks, recreation areas, public beaches, state forests, wilderness areas , or wildlife management areas;

3. For restoration of altered ecosystems to correct environmental damage that has already occurred; or

4. For preservation of significant archaeological or historical sites.

(4) The board of trustees may allocate, in any year, an amount not to exceed 5 percent of the money credited to the fund in that year, such allocation to be used for the initiation and maintenance of a natural areas inventory to aid in the identification of areas to be acquired pursuant to this section.

(5) Moneys in the fund not needed to meet obligations incurred under this section shall be deposited with the Treasurer to the credit of the fund and may be in vested in the manner provided by law. Interest received on such investments shall be credited to the Conservation and Recreation Lands Trust Fund.

(6)(a) The board of trustees may enter into any contract necessary to accomplish the purposes of this section.

(b) On behalf of the board and before the appraisal of parcels approved for purchase under chapter 259, the executive director of the Department of Natural Resources or the director of the Division of State Lands may enter into option contracts to buy such parcels. Any such option contract shall state that the final purchase price is subject to approval by the board and that the final purchase price may not exceed the maximum offer allowed by law. The consideration for such an option

may not exceed $1,000 or 0.01 percent of the estimate by the department of the value of the parcel, whichever amount is greater.

(7) Prior to or concurrent with the acquisition under this section of any interest in lands, the board of trustees shall designate an agency or agencies to manage such lands and shall make a preliminary determination as to the extent and nature of public use for which the lands will be available.

(8) Lands to be considered for purchase under this section are subject to the selection procedures of s. 259.035 and shall be acquired in accordance with acquisition procedures for state lands provided for in s. 253.025, except as otherwise provided by the Legislature. An inholding or an addition to a project selected for purchase pursuant to this chapter or s. 259.035 is not subject to the selection procedures of s. 259.035 if the estimated value of such inholding or addition does not exceed $250,000. Moneys from the fund may be used for title work, appraisal fees, and survey costs related to acquisition expenses for lands to be acquired, donated, or exchanged which qualify under the categories of this section, at the discretion of the board. When the Legislature has authorized the Department of Natural Resources to condemn a specific parcel of land and such parcel has already been approved for acquisition under this section, the land may be acquired in accordance with the provisions of chapter 73 or chapter 74, and the fund may be used to pay the condemnation award and all costs, including a reasonable attorney's fee, associated with condemnation.

(9) Agencies designated to manage lands under this section shall develop and adopt, with the approval of the board of trustees, individual management plans for each project designed to conserve and protect such lands and their associated natural resources.

(10) Beginning in fiscal year 1987-1988,10 percent of the moneys credited to the fund each year shall be reserved by the board of trustees for the purposes of management, maintenance, and capital improvements. Capital improvements shall include, but need not be limited to, perimeter fencing, signs, firelanes, access roads and trails, and minimal public accommodations, such as primitive campsites, garbage receptacles, and toilets. Ninety percent of the moneys credited to the fund each year shall be available for the acquisition of land pursuant to this section.

(11) All lands managed under this section shall be: (a) Managed in a manner that will provide the great

est combination of benefits to the public and to the resources; and

(b) Managed for public outdoor recreation which is compatible with the conservation and protection of public lands.

Such public use may include fishing, hunting, camping, hiking, nature study, swimming, boating, canoeing, horseback riding, diving, birding, sailing, jogging, and other related outdoor activities.

(12) The board of trustees may adopt rules to further define the categories of land for acquisition under this section and under chapter 259.

Hillory.-s. 8, ch. 79-255; s. 16, ch . 80-356; s. 5, ch. 81-35; s. 1, ch. 81-210; s. 165, ch. 81-259; s. 1, ch. 82-152; s. 2. ch. 83-80; s. 1. ch. 83-114; s. 10. ch. 84-330;

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s. 13, ch. 86- I 78; s. 5, ch. 86-294. 'NoI •• -Subsection (2) is published here as amended by s. 13, ch. 86-178; sub

section (2) was also amended by s. 6, ch. 86-294, and, as amended by thaI acl, subsection (2) would read:

(2)(a) There is established within the Department of Natural Resources the Conservation and Recreation Lands Trust Fund, to be used as a nonlapsing, revolving fund exclusively for the purposes of this section. To the fund shall be credited 50 percent of the total moneys collected from the excise tax on the severance of:

t . Oil, such moneys to be taken from the first oil tax provided in s. 21 1.02(1 )(a); 2. Gas, such moneys to be taken from the firsl gas lax provided in s. 211.02(1)

(c); 3. Solid minerals other than phosphate rock, such moneys to comprise that por-

tion of Ihe lax paid into Ihe State Treasury in accordance with part II of chapter 21 I ; and

4. Phosphate rock. such moneys 10 be taken from that portion of the tax paid inlo the State Treasury in accordance wilh part II of chapter 21 I .

The Department of Revenue, upon compilation of each month's receipts of the severance tax, shall credit the amount provided in this section to the fund; however, if such amounl exceeds $40 million in any fiscal year the department shall deposillhe excess into the General Revenue Fund.

(b) There shall annually be transferred from the fund to Ihe Land Acquisition Trusl Fund the sum of $1 0 million to be used to pay the debt service on bonds issued pursuant to s. 375.051 10 acquire lands on the established priority lis I as determined by the selection committee pursuant to s. 259.035; provided, however, that no moneys transferred 10 the Land Acquisition Trust Fund pursuant to this subsection, or earnings thereon, shall be used to pay debt service on Save Our Coast bonds. Any interest earnings on moneys derived from a bond issue pursuant to this subsection shall be deposited in the Conservation and Recreation Lands Trust Fund. Lands acquired pursuant to this paragraph may only be purchased for 70 percent or less of the appraised value as determined in s. 253.025(7).

253.025 Acquisition of state lands.-(1) Neither the Board of Trustees of the Internal 1m

provement Trust Fund nor its duly authorized agent shall commit the state, through any instrument of negotiated contract or agreement for purchase, to the purchase of lands with or without appurtenances unless the provisions of this section have been fully complied with. However, the board of trustees may substitute federally mandated acquisition procedures for the provisions of this section when federal funds are available and will be utilized for the purchase of lands, title to which will vest in the board of trustees, and qualification for such federal funds requires compliance with federally mandated acquisition procedures. The board of trustees may waive any provision of this section when land is being conveyed from a state agency to the board.

(2) Prior to any state agency initiating any land acquisition, except as pertains to the purchase of rightsof-way and borrow pits for road building purposes, the agency shall coordinate with the Division of State Lands to determine the availability of existing, suitable stateowned lands in the area and the public purpose for which the acquisition is being proposed. If the state agency determines that no suitable state-owned lands exist, the state agency may proceed to acquire such lands by employing all available statutory authority for acquisition,

(3) Land acquisition procedures provided for in this section are for voluntary, negotiated acquisitions.

(4) For the purposes of this section, the term "negotiations" does not include preliminary contacts with the property owner to determine the availability of the property, eXisting appraisal data, existing abstracts, and surveys.

(5)(a) Purchase negotiations for the acquisition of any land from the Conservation and Recreation Lands Trust Fund or Land Acquisition Trust Fund shall be initiated within 6 months of approval by the Governor and Cabinet of the lists developed pursuant to s. 259.035.

(b) Title shall be conveyed, or a written agreement to transfer title shall be executed, within 6 months of the

initiation of purchase negotiations unless the Department of Natural Resources formally abandons that acquisition prior to the conclusion of such 6-month period.

(c) If, within such 6-month period, title is not conveyed, an agreement to purchase is not executed, or a project is not formally abandoned, the Division of State Lands shall notify the Governor and Cabinet. Within 30 days after such notification, the Governor and Cabinet shall instruct the division to continue or abandon the project, in whole or in part.

(6) Evidence of marketable title shall be provided by the landowner prior to the conveyance of title, as provided in the final agreement for purchase. Such evidence of marketability shall be in the form of title insurance or an abstract of title with a title opinion. The board of trustees may waive the requirement that the landowner provide evidence of marketable title, and, in such case, the acquiring agency shall provide evidence of marketable title.

(7) Prior to approval by the board of trustees of any agreement to purchase land pursuant to s, 253,023, chapter 259, or chapter 375, and prior to negotiations with the parcel owner to purchase any other land, title to which will vest in the board of trustees, an appraisal of the parcel shall be required as follows:

(a) Each parcel to be acquired shall have at least one appraisal. Two appraisals are required when the value of the first appraisal exceeds $250,000. However, when the values of both appraisals exceed $250,000 and differ significantly, a third appraisal may be obtained, When a parcel is estimated to be worth $50,000 or less and the director of the Division of State Lands finds that the cost of obtaining an outside appraisal is not justified, an appraisal prepared by the division may be used.

(b) Appraisal fees shall be paid by the agency proposing the acquisition. The board of trustees shall approve qualified fee appraisal organizations which shall include, but not be limited to, the American Association of Certified Appraisers, the American Institute of Real Estate Appraisers, the American Society of Appraisers, the American Society of Farm Managers and Rural Appraisers, the National Association of Independent Fee Appraisers, the National Society of Fee Appraisers, and the Society of Real Estate Appraisers. The Division of State Lands shall maintain a current list of all fee appraisers who are members of the professional organizations approved by the board of trustees and who desire to conduct appraisals under contract for the division. The list of qualified fee appraisers shall contain information relative to the fee appraiser's qualifications, location of practice, business reputation, and areas of specialization, if any. The board of trustees shall adopt minimum criteria for selection of prequalified fee appraisers in order to solicit proposals for appraisal services under this section . The Division of State Lands shall maintain a current list of prequalified fee appraisers from which selection will be made by the division when appraisals are required by an acquiring agency under this section, Each fee appraiser selected to appraise a particular parcel shall, prior to contracting with the agency, submit to that agency an affidavit substantiating that he has no vested or fiduciary interest in such parcel.

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(c) After the contract between the agency and the fee appraiser is signed, the agency shall transmit to the fee appraiser all pertinent title information developed, pursuant to rules adopted by the board of trustees; a specification of the rights to be acquired; a list of items, if any, considered to be noncompensable; minimum appraisal requirements that apply; required appraisal forms; and a certified survey which meets the minimum requirements for upland parcels established by the "Minimum Technical Standards for Land Surveying in Florida" of the Department of Professional Regulation and which accurately portrays to the greatest extent practicable the condition of the parcel as it currently exists . However, in cases in which a survey cannot be practically completed or in which the cost of the survey will be prohibitive relative to the expected value of the parcel, the requirement for such certified survey may, in part or in whole, be waived by the board of trustees any time prior to submission of the agreement for purchase to the division. When a'l existing boundary map and description of a parcel are determined by the division to be sufficient for appraisal purposes, the division director may temporarily waive a survey until any time prior to conveyance of title to such parcel. The fee appraiser and the review appraiser for the agency shall not act in any way that may be construed as negotiating with the property owner. Appraisal reports are confidential and exempt from the provisions of chapter 119, for use by the agency and the board of trustees, until an option contract is executed or, if no option contract is executed, until 2 weeks before a contract or agreement for purchase is considered for approval by the board of trustees. The agency may release an appraisal report when the passage of time has rendered the conclusions of value in the report invalid.

(d) Prior to acceptance, the agency shall submit a copy of such report to the Division of State Lands. The division shall review such report in accordance with generally accepted professional standards of appraisal review. With respect to proposed purchases in excess of $250,000, this review shall include a general field inspection of the subject property by the review appraiser. The review appraiser may reject an appraisal report following a desk review, but is prohibited from approving an appraisal report in excess of $250,000 without a field review. This review shall include a check for comparable sales which may have been omitted by the fee appraiser. Prior to acceptance of an appraisal report, the review appraiser shall request the appropriate local property appraiser's comments on the value of the proposed acquisition. Any questions of applicability of laws affecting an appraisal shall be addressed by the legal office of the agency.

(e) Techniques and methods used by a fee appraiser shall be consistent with generally accepted appraisal standards. If the fee appraiser uses comparable sales in determining value, he shall thoroughly describe each such sale including the date of sale, the legal description, the present use, the highest and best use, the official record book and pa!Je where the transaction is recorded, the grantor and grantee, the purchase price, the terms and conditions of the sale, and when and with whom verified. The fee appraiser shall consider any en-

hanced value to adjoining property of the landowner whose land is being considered for acquisition and which may occur as a proximate result of the proposed acquisition.

(f) The appraisal report shall state any assumption made by the appraiser in determining land value and shall document and adequately support the fee appraiser's estimate of conclusion as to value. The report shall include a description of the location, size, shape, topography, access, highway frontage, and present zoning of the property. The report shall address other factors relevant to the potential of the property for development, including, but not limited to, local government :and use restrictions and permit moratoria, environmental sensitivity of the property, and the likelihood of obtaining any pending or required !ocal, state, or federal permits. In determining land value, the fee appraiser shall primarily consider the present market value of the property, which is the amount a willing purchaser would pay a willing seller, exclusive of reasonable fees and costs of purchase, in cash or the immediate equivalent thereof in a transaction at arm's length. This fair market value should, as much as practicable, be based on comparable arm's length sales of similar property. The fee appraiser shall also consider:

1. The present use of the property, taking into con-sideration any applicable local or state land use regulation and any moratorium imposed by executive order, law, ordinance, regulation, resolution, or proclamation adopted by any governmental body or agency or the Governor when the moratorium prohibits or restricts the development or improvement of property as otherwise authorized by applicable law;

2. The highest and best use to which the property can be expected to be put in the immediate future. The term "immediate future" as used in this section means a period of time not to exceed 5 years;

3. The location of the property; 4. The quantity or size of the property; 5. The cost of the property and the present depreci

ated reproduction costs of any improvements thereon; 6. The condition of the property; and 7. The income from the property.

The availability of utilities, if any, and a detailed description of any appurtenances shall also be included.

(g) The appraisal report shall be accompanied by the sales history of the parcel for at least the prior 5 years. Such sales history shall include all parties and considerations with the amount of consideration verified , if possible, and the amount of assessed value of the parcel. If a sales history would not be useful, or its cost prohibitive compared to the value of a parcel, the sales history may be waived by the executive director of the Department of Natural Resources or the director of the Division of State Lands. The department shall adopt a rule specifying guidelines for waiver of a sales history.

(h) The board of trustees may consider an appraisal acquired by a seller, or any part thereof, in negotiating to purchase a parcel, but such appraisal may not be used in lieu of an appraisal required by this subsection or to determine the maximum offer allowed by law.

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(8)(a) When the owner is represented by an agent or broker, negotiations may not be initiated or continued until a written statement verifying such agent's or broker's legal or fiduciary relationship with the owner is on file with the agency.

(b) Upon the initiation of negotiations, the state agency shall inform the owner in writing that all agreements for purchase are subject to approval by the board of trustees.

(c) All offers or counteroffers shall be in writing and shall be confidential and exempt from the provisions of chapter 119 until an option contract is executed, or if no option contract is executed, until 2 weeks before a contract or agreement for purchase is considered for approval by the board of trustees. The agency shall maintain complete and accurate records of all offers and counteroffers for all projects.

(d) No offer by a state agency may exceed the value for that parcel as determined pursuant to a single appraisal, the average of two appraisals if two are obtained, or the average of the two closest appraisals if more than two are obtained. The provisions of this paragraph do not apply to the acquisition of historically unique or significant property as determined by the Division of Historical Resources of the Department of State.

(e) When making an offer to a landowner, a state agency shall consider the desirability of a single cash payment in relation to the maximum offer allowed by law.

(f) The state shall have the authority to reimburse the owner for the cost of the survey when deemed appropriate. The reimbursement shall not be considered a part of the purchase price.

(g) All offers by the agency, including the final offer, shall be reviewed by the legal counsel of the agency. A final offer shall be in the form of an option contract or agreement for purchase and shall be signed and attested to by the owner and the representative of the agency. Before the agency signs the agreement for purchase or exercises the option contract, the provisions of s. 286.23 shall be complied with. Within 10 days after the signing of the agreement for purchase, the state agency shall furnish the Division of State Lands with the original of the agreement for purchase along with copies of the disclosure notice, evidence of marketability, the accepted appraisal report , the fee appraiser's affidavit, a statement that the inventory of existing state-owned lands was examined and contained no available suitable land in the area, and a statement outlining the public purpose for which the acquisition is being made and the statutory authority therefor.

(h) Within 45 days of receipt by the Division of State Lands of the agreement for purchase and the required documentation, the board of trustees shall either reject or approve the agreement. An approved agreement for purchase is binding on both parties . Any agreement which has been disapproved shall be returned to the agency, along with a statement as to the deficiencies of the agreement or the supporting documentation . An agreement for purchase which has been disapproved by the board of trustees may be resubmitted when such deficiencies have been corrected.

(9) No dedication, gift, grant, or bequest of lands and appurtenances may be accepted by the board of trustees until the receiving state agency supplies sufficient evidence of marketability of title. The board of trustees may not accept by dedication, gift, grant, or bequest any lands and appurtenances that are determined as being owned by the state either in fee or by virtue of the state's sovereignty or which are so encumbered so as to preclude the use of such lands and appurtenances for any reasonable public purpose. The state is not required to appraise the value of such donated lands and appurtenances as a condition of receipt.

(10) Any conveyance to the board of trustees of fee title shall be made by no less than a special warranty deed, unless the conveyance is from the Federal Government, the county government, or another state agency or, in the event of a gift or donation by quitclaim deed, if the board of trustees, or its designee, determines that the acceptance of such quitclaim deed is in the best interest of the public. A quitclaim deed may also be accepted to aid in clearing title or boundary questions. The title to lands acquired pursuant to this section shall vest in the board of trustees as provided in s. 253.03(1). All such lands, title to which is vested in the board pursuant to this section, shall be administered pursuant to the provisions of s. 253.03.

(11) The board of trustees may purchase tax certificates or tax deeds issued in accordance with chapter 197 relating to property eligible for purchase under this section .

(12) The Auditor General shall conduct performance postaudits of acquisitions and divestitures which according to his review of the overall land acquisition program he deems necessary. These selected reviews will be initiated within 60 days following the final approval by the board of land acquisitions under this section. The Auditor General shall submit an audit report to the board of trustees, the President of the Senate, the Speaker of the House of Representatives, and their designees.

(13) The board of trustees and all affected agencies shall adopt and may modify or repeal such rules and regulations as are necessary to carry out the purposes of this section, including rules governing the terms and conditions of land purchases. Such rules shall address the procedures to be followed, when multiple landowners are involved in an acquisition, in obtaining written option agreements so that the interests of the state are fully protected.

Hillory.-s. 9. ch. 79-255: s. 7. ch. 80-356: s. 166, ch. 81-259: s. 2, ch. 82-152: s. 2. ch. 83-114: s. 14, ch. 84-330: s. 57. ch. 85-80: s. 1, ch. 85-84; s. 12. ch. 86-163: s . 65. ch. 86-186.

253.115 Public notice and hearings.-(1) After receiving an application in compliance with

such forms as may be required by this chapter requesting the board to sell, exchange, or lease any land to which it holds title, the board shall arrange for publishing notice of the application in a newspaper published in the county in which the lands are located not less than once a week for 3 consecutive weeks and for mailing copies of such notice by certified or registered mail to each owner of land lying within 500 feet of the land proposed to be leased, sold, or exchanged, addressed to such

458


owner as his name and address appears on the latest county tax assessment roll.

(2) If no written objections are filed within 30 days after the date of first publication of the notice, and if the board finds that the proposed lease, sale, or eXChange is not incompatible with the public interest, the board has authority to consummate the contract. However, failure to mail the notice to all landowners as set out in subsection (1) shall not invalidate the conveyance.

(3) If written objections are filed, the board shall consider them in determining whether or not to consummate the contract. Any required hearing shall be held in the county in which the lands are located. If the lands are located in more than one county, the required hearing may be held in any county in which the lands lie. Timely notice of the hearing shall be given by at least one publication in a newspaper published in the county in which the lands are located and by certified or registered mail to each owner of land lying within 500 feet of the land proposed to be leased, sold, or exchanged, addressed to such owner as his name and address appears on the latest county tax assessment roll, in addition to any notice required by chapter 120.

(4) This section does not apply to: (a) The release of any reservations contained in Mur

phy Act deeds or deeds of the board of trustees; (b) Any conveyance of land lying landward of the

line of mean high water, which land does not exceed 2 acres in area;

(c) Any lands covered by the provisions of ss. 253.12(6) and 253.129;

(d) The lease of any land when the land is being leased to a state agency or political subdivision of the state;

(e) Sovereignty land leases for existing structures built prior to March 10, 1970; or

(f) The conversion of existing marina licenses to sovereignty land leases.

(5) In the disposition of lparcels of state-owned uplands 5 acres or less in size, the Board of Trustees of the Internal Improvement Trust Fund is authorized to procure, through open listings, real estate sales services to facilitate the sale of such lands.

HI.lory.-s. 1, ch, 74-26; s. 1, ch, 77-130; s. 23, ch, 78-95; s. 3, ch , 82-152; s. 5, ch, 83-223; s. 66. ch, 86-186.

'Note.-The words ·parcels of were inserted by the editors.

253.53 Sealed bids required.-AII lands subject to this law shall be leased upon sealed bids. All bids shall be directed to the Board of Trustees of the Internal Improvement Trust Fund. Said bids shall not be opened until the day, time, and place designated by the board of trustees and provided in said notice, at which time all bids shall be opened and at which time any person so desiring may be present. The board shall determine in advance the amount of royalty, never less than oneeighth in kind, or in value, and a definite rental, increasing annually after the first 2 years, upon lands not developed for oil or gas, or upon which no well has been commenced in good faith to secure production in paying quantities of gas or oil. The board may, in its discretion, incorporate within the terms of any lease provisions for pooling or unitizing the leased premises, in whole or in part, with other lands or leases and provisions for pay-

ments that may be made in lieu of royalty on wells which have been completed as gas wells and are capable of producing gas in paying quantities but are shut in pending development of a satisfactory market outlet, provided this shut-in period pending development of a satisfactory market outlet shall not exceed 48 months from the date of completion of such gas well or wells as herein described, if the lease is not being otherwise maintained by drilling or reworking or by production, which, if made, shall operate to cause the lease to be considered as producing in paying quantities for all purposes thereof. In addition to such fixed charges for said lease, there shall be a cash consideration. The bids shall be for this cash consideration, offered for said lease, in addition to such fixed charges for royalty, rental , and payments in lieu of royalty and shall be payable upon acceptance of said bid. All bids shall be accompanied by a cashier's check, or certified check, for the amount of such cash consideration and shall be payable to the state board, department, or agency which holds title to or controls the land offered for lease. No bid filed subsequent to the date and hour of sale specified in the advertisement of sale shall be considered .

HiBlory.-s. 3, ch, 22824, 1945; s. 4, ch, 69-369; s. 1, ch, 69-405; SS. 27, 35, ch, 69-106; 5. 67, ch, 86-186.

253.54 Competitive bidding.-On the date specified in the advertisement of sale, the Board of Trustees of the Internal Improvement Trust Fund shall at a public meeting consider any and all bids submitted prior to such date for the leaSing of the land or lands so advertised and, in the discretion of the board, award the lease to the highest and best bidder submitting a bid therefor; provided that if, in the judgment of the board, the bids submitted do not represent the fair value of such lease or leases, the execution of same is contrary to the public welfare, or the responsibility of the bidder offering the highest amount has not been established to its satisfaction, or for any other reason, it may in its discretion reject said bids, give notice and call for new or other bids, or withdraw said land from the market. If several distinct blocks, parcels, or tracts of land can be separately considered, then, and in that event, the board may so consider them, but if they cannot be so considered, then the rejection for any cause of the highest and best bid shall result in the rejection of all bids.

HIBlory.-s . 4. ch, 22824.1945; 55 . 27, 35. ch, 69-106; s. 5. ch, 69-369; s. 68, Ch, 86-186

CHAPTER 255

PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

255.502 Definitions. 255.518 Obligations; purpose, terms, approval, limita

tions. 255.52 Approval by State Board of Administration.

255.502 Definitions.-As used in this act, the following words and terms shall have the following meanings unless the context otherwise requires:

459


(1) "Acquire or acquisition" means to purchase, to erect, to build, to construct, to reconstruct, to replace, to extend, to better, to equip, to develop, to rehabilitate, to remodel, to enlarge, to furnish, to repair, or to improve a facility, in each case to the extent same constitute capital expenditures under applicable law.

(2) "Acquisition costs" means all reasonable and necessary costs incurred in the acquisition of a facility, which costs may include, but are not limited to:

(a) The cost of acquiring real property and any buildings thereon, including payments for options, deposits, or contracts to purchase properties.

(b) The cost of site preparation, demolition, and development.

(c) Any expenses relating to the issuance of the obligations by the division in the name and on behalf of the Division of Facilities Management, including, but not limited to, private placement fees, underwriting fees, original issue discounts, rating agency fees, and other necessary fees.

(d) Fees in connection with the planning, execution, and financing of a project, such as those of architects, engineers, attorneys, feasibility consultants, financial advisers, accountants, and the Division of Facilities Management, including the allocable portions of direct costs of the Division of Facilities Management and the lessee agencies.

(e) The cost of studies, surveys, plans, permits, insurance, interest, financing, taxes and assessments, and other operating and carrying costs during the acquisition of a facility.

(f) The cost of acquiring a facility. (g) The cost of land improvements, such as land

scaping and offsite improvements. (h) Capital expenditures incurred in connection with

relocation to and initial occupancy of a facility. (i) Any initial expense, charge, or cost payable upon

issuance of the obligations with respect to the acquisition of a facility relating to or incurred in connection with remarketing of obligations, such as remarketing agent or indexing agent fees or for credit enhancements or liquidity features, including, but not limited to, letter of credit fees, whether direct payor standby, swap agent fees and similar expenses.

U) The initial cost of such other items, including premiums for indemnity and surety bonds, premiums on insurance, including, but not limited to, municipal bond insurance, debt service reserve insurance and lease payment insurance, and fees and expenses of trustees, depositories, registrars, book entry registrars and paying agents for obligations issued under this act.

(k) Interest on obligations from the date thereof to the time when interest is to be covered solely from sources other than proceeds of obligations and any amounts necessary to establish or fund any reserves or capital appreciation reserves required in connection with such obligations.

(I) The reimbursement of all moneys advanced or supplied to or borrowed by the Division of Facilities Management or others for the payment of any item of cost of a facility.

(m) Such other expenses as may be reasonable and necessary to the acquisition of any facility under app/ica-

ble law, the financing thereof under this act, and the placing of same in use.

(3) "Agency" means any department created by chapter 20, the Executive Office of the Governor, the Game and Fresh Water Fish Commission, the Parole and Probation Commission, the State Board of Administration, the Department of Military Affairs, or the Legislative Branch or the Judicial Branch of state government.

(4) "Authorized investments" means and includes without limitation any investment in:

(a) Bonds, notes, or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof.

(b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full faith and credit of the state.

(c) Bonds of the several counties or districts in the state containing a pledge of the full faith and credit of the county or district involved.

(d) Bonds issued or administered by the State Board of Administration secured solely by a pledge of all or part of the 2-cent constitutional gas tax accruing under the provisions of s. 16, Art. IX of the State Constitution of 1885, as amended, or of s. 9, Art. XII of the 1968 revised State Constitution.

(e) Bonds issued by the State Board of Education pursuant to ss. 18 and 19, Art. XII of the State Constitution of 1885, as amended, or to s. 9, Art. XII of the 1968 revised State Constitution, as amended.

(I) Bonds issued by the Florida Outdoor Recreational Development Council pursuant to s. 17, Art. IX of the State Constitution of 1885, as amended.

(g) Bonds issued by the Florida State Improvement Commission, Florida Development Commission, or Division of Bond Finance of the Department of General Services.

(h) Savings accounts in, or certificates of deposit of, any bank, savings bank, or savings and loan association which is incorporated under the laws of this state or organized under the laws of the United States and is doing business and situated in this state, the accounts of which are insured by the Federal Government or an agency thereof, in an amount that does not exceed 15 percent of the net worth of the institution, or a lesser amount as determined by rule by the State Board of Administration, provided such savings accounts and certificates of deposit are secured in the manner prescribed in chapter 280.

(i) Obligations of the Federal Farm Credit Banks and obligations of the Federal Home Loan Bank and its district banks.

U) Obligations of the Federal Home Loan Mortgage Corporation, including partiCipation certificates.

(k) Obligations guaranteed by the Government National Mortgage Association.

(I) Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service.

(m) Time drafts or bills of exchange drawn on and accepted by a commercial bank, otherwise known as bankers acceptances, which are accepted by a member

460

s.255.502 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 5.255.518

bank of the Federal Reserve System having total deposits of not less than $400 million.

Investments in any security authorized in this subsection may be under repurchase agreements or reverse repurchase agreements.

(5) "Debt service charges" means, collectively, principal, including mandatory sinking fund requirements and the accretion portion of any capital appreciation bonds for retirement of obligations, interest, redemption premium, if any, required to be paid by the Division of Facilities Management on obligations issued under this act and any obligation administrative fees .

(6) "Division" means the Division of Bond Finance of the Department of General Services.

(7) "Eligible facility" means all state-owned facilities under the jurisdiction of the Department of General Services and all other state-owned facilities except those having less than 3,000 square feet.

(8) "Facility" means buildings, structures, improvements, real estate, and related interests in real estate and appurtenances, fixtures, and fixed equipment, including, but not limited to, those for the purpose of housing either personnel , equipment, or functions and all storage and parking facilities related thereto or anyone or more than one or all of the foregoing, or any combination thereof, furnished and acquired pursuant to this act.

(9) "Obligations" means, collectively , revenue bonds and revenue notes.

(10) "Obligation administrative fees" means any periodic expense, charge, or cost relating to or incurred in connection with remarketing of obligations such as remarketing agent or indexing agent fees and any periodic expense, charge, or cost related to any obligations or to credit enhancements or liquidity features, including, but not limited to, letter of credit fees, whether direct payor standby, swap agent fees and similar expenses, periodic fees and expenses, if any, of trustees, depositories, registrars , book entry registrars and paying agents, and any allowances established by the Division of Facilities Management for working capital , contingency reserves , and reserves for any anticipated operating deficits during each fiscal year .

(11) "Pool" means the Florida Facilities Pool created in s. 255.505.

(12) "Pool pledged revenues" means all legislative appropriations and all fees, charges, revenues, or receipts derived by the Division of Facilities Management from the operation, leasing, or other disposition of facilities in the pool , and the proceeds of obligations issued under this act, and shall include any moneys appropriated to an agency for the purpose of making such rental payments, rental payments received with respect to such facilities from whatever sources , and receipts therefrom, and investment of any such moneys pursuant to this act, all as are available for the payment of debt service charges on such obligations as are issued with respect to the pool.

(13) "Pool rental rate" means the per square foot rental rate established by the Division of Facilities Management for every facility which is in the pool.

(14) "Qualified facility" means an eligible facility which is either:

461

(a) Structurally sound and is in a satisfactory state of repair;

(b) Determined by the Division of Facilities Management to be suitable for entry into the pool although not meeting the requirements of paragraph (a); or

(c) Under the jurisdiction of the Department of General Services.

(15) "Real property" means all lands, including improvements and fixtures thereon and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms of years and liens by way of jUdgment, mortgage, or otherwise and the indebtedness secured by such liens.

(16) "Revenue bonds" means any bonds, debentures , notes, certificates, or other evidences of financial indebtedness, whether certificated or noncertificated , issued by the division on behalf of the Division of Facilities Management of the Department of General Services under and pursuant to this act, including, but not limited to, variable rate obligations, designated maturity obligations, capital appreciation bonds, original issue discount bonds, and multimodal instruments or obligations, or instruments combining any of the foregoing .

(17) "Revenue notes" means notes or other evidences of indebtedness, whether certificated or noncertificated, issued in anticipation of the issuance of revenue bonds pursuant to this act.

(18) "State-owned facility" means any facility title to which is vested in the state or any agency.

HI.lory.-s. 2. ch. 85--349; s . 1. ch. 86-222.

255.518 Obligations; purpose, terms, approval, limitations.-

(1 )(a) The issuance of obligations shall provide sufficient funds to achieve the purposes of this act; pay interest on obligations except as provided in paragraph (b) ; pay expenses incident to the issuance and sale of any obligations issued pursuant to this act , including costs of validating, printing, and delivering the obligations, printing the official statement , publishing notices of sale of the obligations, and related administrative expenses; pay building acquisition and construction costs; and pay all other capital expenditures of the Division of Facilities Management and the division incident to and necessary to carry out the purposes and powers granted by this act, subject to the provisions of section 11(e), Article VII of the State Constitution and the applicable provisions of the State Bond Act. Such obligations shall be payable solely from the pool pledged revenues identified to such obligation . Proceeds of obligations may not be used to pay building acquisition or construction costs for any facility until the Legislature has appropriated funds from other sources estimated to be necessary for all costs relating to the initial planning , preliminary design and programming, and land acquisition for such facility and until such planning, design, and land acquisition activities have been completed. Obligation proceeds for build ing construction, renovation, or acquisition shall be requested for appropriation in any fiscal year by the Department of General Services only if the department estimates that such construction, renovation, or acquisition can be initiated during such fiscal year.


(b) Payment of debt service charges and any reserves on obligations during the construction of any facility financed by such obligations shall be made from funds other than proceeds of obligations.

(2) All obligations authorized by this act shall be issued on behalf of and in the name of the Division of Facilities Management by the division as provided by this act, with a term of not more than 30 years and, except as otherwise provided herein, in such principal amounts as shall be necessary to provide sufficient funds to achieve the purposes of this act.

(3) There may be established, from the proceeds of each issue of obligations, a debt service reserve account, a capitalized interest account, or a capital depre· ciation reserve account, in each case in an amount as may be determined by the division.

(4)(a) The provisions of the State Bond Act shall be applicable to all obligations issued pursuant to this act, when not in conflict with the provisions hereof; provided the basis of award of sale of such obligations may be either the net interest cost or the true or effective interest cost, as set forth in the resolution authorizing the sale of such obligations.

(b) In actions to validate such obligations pursuant to chapter 75, the complaint shall be filed in the Circuit Court of Leon County, the notice required by s. 75.06, shall be published only in Leon County and in two newspapers of general circulation in the state, and the complaint and order of the court shall be served only on the state attorney of the Second judicial Circuit.

(5) Any resolution or resolutions authorizing any obligations issued pursuant to this act shall provide that:

(a) The pledge of the pool pledged revenues as security for the obligations is a gross pledge of all rentals and charges included in pool pledged revenues.

(b) The Division of Facilities Management shall maintain all facilities in the pool in a satisfactory state of repair, subject to such exceptions as are determined by the Division of Facilities Management, provided that such exceptions do not result in breach of any rate covenant in connection with the obligations.

(c) The Division of Facilities Management shall establish pool rental rates in amounts so that the annualized amount of pool pledged revenues for the then current bond year shall be at least equal to the aggregate of 110 percent of debt services charges, plus 100 percent of capital depreCiation reserve deposits, plus 100 percent of costs of operations and maintenance, if any, in each case as shown in the annual budget required pursuant to this act.

(d) The pool pledged revenues are pledged to secure the payment of obligations subject to such agreements with holders of outstanding obligations as may then exist.

(6) Any resolution authorizing any obligations issued pursuant to this act may contain provisions, without limitation, which shall be a part of the contract with the holders thereof, as to:

(a) Pledging all or any part of the assets of the Division of Facilities Management securing the same, including leases with respect to all or any part of a facility, to secure the payment of obligations, subject to such

agreements with holders of obligations as may then exist.

(b) The use and disposition of the income from facilities in the pool.

(c) The procedure by which the terms of any contract with holders of obligations may be amended or abrogated, the principal amount of obligations the holders of which must consent thereto, and the manner in which such consent may be given.

(d) Vesting in the State Board of Administration such property, rights, powers, and duties in trust as the division and the Division of Facilities Management may determine, and limiting or abrogating the right of holders of obligations to appoint a trustee under this act or limiting the rights, powers, and duties of such trustee.

(e) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the division and the Division of Facilities Management to the holders of obligations and providing for the rights and remedies of holders of obligations in the event of such default, including, as matter of right, the appointment of a receiver; provided such rights and remedies shall not be inconsistent with the general laws of the state and the other provisions of this act.

(f) Providing for the segregation of revenues payable to the Division of Facilities Management as rentals or charges arising from facilities in the pool; providing for the handling of such revenues and the remittance of all or a portion thereof to the State Board of Administration or a paying agent; providing for the establishment of debt service reserves, capitalized interest accounts, capital depreciation reserve accounts, and the calculation of the amounts to be deposited therein; providing for the procurement of letters of credit or municipal bond insurance or similar credit enhancements or of letters of credit or similar liquidity facilities for the benefit of holders of such obligations or for the entering into of agreements with remarketing agents, tender agents, lor indexing agents or of reimbursement agreements with respect to any of the foregoing concerning any such obligations.

(g) Providing for the circumstances under which facilities may be retired from lor removed from and not replaced in the pool, so long as this does not result in a breach of any rate covenant with respect to the obligations.

(h) Any other matters, of like or different character, which in any way affect the security or protection of holders of obligations.

(7)(a) The obligations issued by the division on behalf of and in the name of the Division of Facilities Management shall be sold at public sale in the manner provided by the State Bond Act; provided that if the division shall determine that a negotiated sale of the obligations is in the best interest of the state, the division may negotiate for sale of the obligations with the underwriter jointly deSignated by the division and the Division of Facilities Management. In authorizing the negotiated sale, the division shall provide specific findings as to the reasons for the negotiated sale. The reasons shall include, but not be limited to, characteristics of the obligations to be issued and prevailing market conditions that necessitate a negotiated sale. In the event the division negoti-

462


ates for sale of obligations, the managing underwriter, or financial consultant or adviser, if applicable, shall provide to the division, prior to the award of such obligations to the managing underwriter, a disclosure statement containing the following information:

1. An itemized list setting forth the nature and esti-mated amounts of expenses to be incurred by the managing underwriter in connection with the issuance of such obligations. Notwithstanding the foregoing, any such list may include an item for miscellaneous expenses, provided it includes only minor items of expense which cannot be easily categorized elsewhere in the statement.

2. The names, addresses, and estimated amounts of compensation of any finders connected with the issuance of the obligations.

3. The amount of underwriting spread expected to be realized.

4. Any management fee charged by the managing underwriter.

5. Any other fee, bonus, or compensation estimat-ed to be paid by the managing underwriter in connection with the obligations issued to any person not regularly employed or retained by it.

6. The name and address of the managing under-writer, if any, connected with the obligations issued.

7. Any other disclosure which the division may require.

This paragraph is not intended to restrict or prohibit the employment of professional services relating to obligations issued under this act or the issuance of bonds by the division under any other provisions of law.

(b) In the event an offer of an issue of obligations at public sale produces no bid, or in the event all bids received are rejected , the division is authorized to negotiate for the sale of the obligations under such rates and terms as are in the best interest of the state; provided that no obligations shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at the public sale thereof or, if no bids were received at such public sale, the terms contained in the notice of public sale.

(c) The failure of the division to comply with one or more provisions of this section shall not affect the validity of the obligations so issued.

(8)(a) No underwriter, commercial bank, investment banker, or financial consultant or adviser shall pay any finder any bonus, fee, or gratuity in connection with the sale of obligations issued by the division on behalf of and in the name of the Division of Facilities Management unless full disclosure is made to the division prior to or concurrently with the submission of a purchase proposal for such obligations by the underwriter, commercial bank, investment banker, or financial consultant or adviser and is made subsequently in the official statement or offering circular, if any, detailing the name and address of any finder and the amount of bonus, fee, or gratuity paid to such finder.

(b) A willful violation of this subsection is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) No violation of this subsection shall affect the validity of any obligation issued under this act.

(9) As used in this section, the term "finder" means a person who is neither regularly employed by, nor a partner or officer of, an underwriter, bank, banker, or financial consultant or adviser and who enters into an understanding with either the issuer or the managing underwriter, or both, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or impliedly, to act solely as an intermediary between such issuer and managing underwriter for the purpose of influencing any transaction in the purchase of such obligations.

(10) All obligations issued by the division on behalf of and in the name of the Division of Facilities Management shall state on the face thereof that they are payable, both as to principal and interest, and premium, if any, solely out of the pool pledged revenues, and do not constitute an obligation, either general or special, of the state or of any political subdivision .

(11) All obligations issued by the division on behalf of and in the name of the Division of Facilities Management are hereby declared to have all the qualities and incidents of negotiable instruments under the applicable laws of the state.

(12) Any pledge of earnings, revenues, or other moneys made by the Division of Facilities Management shall be valid and binding from the time the pledge is made. Any earnings, revenues, or other moneys so pledged and thereafter received by the Division of Facilities Management shall immediately be subject to the lien of that pledge without any physical delivery thereof or further act, and the lien of the pledge shall be valid and binding as against the Division of Facilities Management irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded or flied pursuant to the Uniform Commercial Code.

(13) No employee of the Division of Facilities Management or the division, nor any person executing obligations issued under this act by the division on behalf of and in the name of the Division of Facilities Management, shall be liable personally on the obligations or be subject to any personal liability or accountability by reason of the issuance thereof.

HI8Iory.-s. 17. ch . 85-349; s. 2. ch . 86-222. 'Nole.- The word 'or" was inserted by the editors.

255.52 Approval by State Board of Administration. -At or prior to the sale by the division, all obligations proposed to be issued by the division shall be approved by the State Board of Administration as to fiscal sufficiency. The State Board of Administration shall look to the rate coverage of all pool pledged revenues, as projected by the Division of Facilities Management, with respect to all proposed and outstanding obligations issued under this act :

(1) One hundred and ten percent of debt service charges; plus

(2) One hundred percent of capital depreciation reserved deposits, if any; plus

(3) One hundred percent of costs of operation and maintenance.

463


With respect to variable rate obligations, such evaluation shall be made at the interest rate for the date of sale determined as provided in s. 255.519.

Hislory.-s. 19, ch. 85-349; s. 3, ch. 86-222.

257.01 257 .02 257,031

257.04

257.05

257.12

257 ,14

257.15

257.16 257.171 257.191 257.192 257.22

257.23 257.24 257.35 257.36 257.37 257.375

CHAPTER 257

PUBLIC LIBRARIES

State Library; creation; administration. State Library Council. Organization of council; appointment and du

ties of State Librarian. Publications, pictures, and other documents

received to constitute part of State Library; powers and duties of Division of Library and Information Services.

Public documents; delivery to, and distribution by, division.

Division of Library and Information Services authorized to accept and expend federal funds.

Division of Library and Information Services; rules .

Division of Library and Information Services; standards.

Reports. Regional libraries. Construction grants. Program grants. Division of Library and Information Services;

allocation of funds. Application for grant. Use of funds. Florida State Archives. Records and information management. Legislative intent. Records Management Trust Fund.

257_01 State Library; creation; administration_There is created and established the State Library which shall be located at the capital. The State Library shall be administered by the Division of Library and Information Services of the Department of State.

Hlalory.-s. " ch . 10278, 1925; CGL 1687; s. " ch. 63-39; ss. 10,35, ch. 69-106; s. 21, ch. 69-353; s. 1, ch. 70-250; s. 1, ch . 71-279; s. 86, ch. 73-333; s. 1, ch. 74-228; s. 1, ch. 81-68; s. 13. ch. 86-163.

1257.02 State Library Council.-(1) There shall be a State Library Council to advise

the Division of Library and Information Services. The council shall consist of seven members who shall be appOinted by the Secretary of State. Initially, the secretary shall appoint two members for terms of 4 years, two members for terms of 3 years, two members for terms of 2 years, and one member for a term of 1 year. Thereafter, members shall be appointed for 4-year terms. A vacancy shall be filled for the period of the unexpired term.

(2) Members of the council shall serve without compensation or honorarium but shall be entitled to receive reimbursement for per diem and traveling expenses as provided in s. 112.061. The council shall meet at the call of its chairman, at the request of a majority of its mem-

bership, at the request of the division, or at such times as may be prescribed by its rules.

(3) The Secretary of State may, in making appointments, consult the Florida Library Association and related organizations for suggestions as to persons having special knowledge and interest concerning libraries.

Hlalory.-s. 2, ch. 10278, 1925; CGL 1688; s. 2, ch . 63-39; s. 19, ch. 63--400; ss. 10,35, ch. 69-106; s. 21, ch. 69-353; s. 2, ch. 70-250; s. 1, ch. 70--439; s. 1, ch. 71-279; s. 2, ch. 74-228; s. 4, ch. 78-323; ss. 2, 3, 4, ch. 81-68; ss . 1,4. ch . 82-46; s. 2, ch. 83-265; s. 14, ch. 86-163.

'Note.-Repee.led eHeclive October " 1990, by s. 1, ch . 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. t 1.611 in advance of lhat date.

1257.031 Organization of council; appointment and duties of State Librarian.-

(1) The officers of the State Library Council shall be a chairman , elected from the members thereof, and the State Librarian, who shall serve without voting rights as secretary of the council. The State Librarian shall be appointed by the Secretary of State, shall have completed a library school program accredited by the American library Association, and shall serve as the director of the Division of Library and Information Services of the Department of State. The Secretary of State may, in making the appOintment of State Librarian, consult the members of the State Library Council.

(2) The State Librarian shall: (a) Keep a record of the proceedings of the council; (b) Keep an accurate account of the financial trans-

actions of the division; (c) Have charge of the work of the division in orga

nizing new libraries and improving those already established; and

(d) In general, perform such duties as may, from time to time, be assigned to him by the Secretary of State.

Hlalory.-s. 4, ch. 70-250; s. 1, Ch. 70-439; s. 4, ch. 78-323; ss. 3, 4, ch. 81-68; ss. 1, 4, ch . 82-46; s. 1, ch. 83-24; s. 2, ch. 83-265; s. 15, ch. 86-163.

'Note.-Repealed effective October 1, 1990, by s. 1, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11 .611 in advance of that date.

257_04 Publications, pictures, and other documents received to constitute part of State Library; powers and duties of Division of Library and Information Services.-

(1) All books, pictures, documents, publications, and manuscripts received through gifts, purchase, or exchange, or on deposit from any source for the use of the state, shall constitute a part of the State Library and shall be placed therein for the use of the public under the control of the Division of Library and Information Services of the Department of State. The division may receive gifts of money, books, or other property which may be used or held for the purpose or purposes given; and it may purchase books, periodicals, furniture, and equipment as it deems necessary to promote the efficient operation of the service it is expected to render the public.

(2) The division may, upon request, give aid and assistance, financial, advisory, or otherwise, to all school, state institutional, academic, free, and public libraries, and to all communities in the state which may propose to establish libraries, as to the best means of establishing and administering libraries, selecting and cataloging books, and other facets of library management.

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(3) The division shall maintain a library for state officials and employees, especially of informational material pertaining to the phases of their work, and provide for them material for general reading and study.

(4) The division shall maintain and provide research and information services for all state agencies.

(5) The division shall make all necessary arrangements to provide library services to the blind and physically handicapped persons of the state.

(6) The division may issue printed material, such as lists and circulars of information, and in the publication thereof may cooperate with state library commissions and libraries of other states in order to secure the more economical administration of the work for which it is formed. It may conduct courses of library instruction and hold librarians' institutes in various parts of the state.

(7) The division shall perform such other services and engage in any other activity, not contrary to law, that it may think appropriate in the development of library service to state government, to the libraries and library profession of the state, and to the citizens of the state.

Hlalory.-s. 4, ch. 10278, 1925; CGL 1690; s. 4, ch. 63-39; ss. 10,35, ch. 69-106; s. 21, ch. 69-353; s. 3, ch . 74-228; s. 2, ch. 63-24; s. 16, ch. 86-163.

257.05 Public documents; delivery to, and distribution by, division.-

(1) The term "public document" as used in this section means any document, report, directory, bibliography, rule, newsletter, pamphlet, brochure, periodical, or other publication, whether in print or non print format, that is paid for in whole or in part by funds appropriated by the Legislature and may be subject to distribution to the public; however, the term excludes items issued for strictly administrative or operational purposes. For the purposes of IS . 283.27, this definition applies only to public documents of which at least 500 copies are printed.

(2)(a) Each state official, state department, state board, state court, or state agency issuing public documents shall furnish the Division of Library and Information Services of the Department of State 35 copies of each of those public documents, as issued, for deposit in and distribution by the division. However, if the division so requests, as many as 15 additional copies of each public document shall be supplied to it.

(b) If any state official, state department, state board, state court, or state agency has fewer than 40 copies of any public document, it shall supply the division with 2 copies of each such public document for deposit in the State Library.

(c) As issued, daily journals and bound journals of each house of the Legislature; slip laws and bound session laws, both general and special; and Florida Statutes and supplements thereto shall be furnished to the division by the state official, department, or agency having charge of their distribution . The number of copies furnished shall be determined by requests of the division, which number in no case may exceed 35 copies of the particular publication.

(3) It is the duty of the division to: (a) Designate university, college, and public libraries

as depositories for public documents and to designate

certain of these depositories as regional centers for full collections of public documents.

(b) Provide a system of distribution of the copies furnished to it under subsection (2) to such depositories.

(c) Publish a periodic bibliography of the publications of the state.

The division may exchange copies of public documents for those of other states, territories, and countries . Depositories receiving public documents under this section shall keep them in a convenient form accessible to the public.

Hlatory.-s. 5, ch. 10278, 1925; CGL 1691 ; s. I , ch. 22064,1943; s . I , ch. 21758, 1943; s. 4, ch. 63-39; s. I, ch. 67-223; ss. 10 ,35, ch . 69-106; s. 21, ch . 69-353; s. I , ch. 73-305; s. 3, ch . 83-24; s. 17, ch. 86-163. 'Note.-Seclion 283.27 was repealed by s. 2, ch. 85-76 .

257.12 Division of Library and Information Services authorized to accept and expend federal funds.-

(1) The Division of Library and Information Services of the Department of State is authorized to accept, receive, administer, and expend any moneys, materials, or any other aid granted, appropriated, or made available by the United States or any of its agencies for the purpose of giving aid to libraries and providing educational library service in the state.

(2) The division is authorized to file any accounts required by federal law or regulation with reference to receiving and administering all such moneys, materials, and other aid for said purposes; provided, however, that the acceptance of such moneys, materials, and other aid shall not deprive the state from complete control and supervision of its library.

Hlalory.-ss. 1,2, ch. 26976, 1951 ; s. 4, ch. 63-39; ss. 10, 35, ch. 69- 106; s . 21, ch . 69-353; s. 18, ch . 8&-163.

257.14 Division of library and Information Services; rules.-The Division of Library and Information Services may adopt rules to carry out the provisions of this chapter.

Hlatory,-s. 2, ch. 61-402; s. 4, ch . 63-39; ss. 10, 35, ch. 69-106; s. 21, ch. 69-353; s. 3. ch . 83-24; s. 19, ch. 86--163.

257.15 Division of Library and Information Services; standards.-The Division of Library and Information Services shall establish reasonable and pertinent operating standards under which libraries will be eligible to receive state moneys.

Hlatory.-s . 3, ch. 61--402; s . 4, ch. 63-39; ss. 10, 35, ch . 69-106; s. 21 , ch . 69-363; s. 2, ch . 72-353; s. 3, ch . 83-24; s. 20, ch. 86-163.

257.16 Reports.-Any library receiving grants under ss. 257.14-257.25 shall file with the Division of Library and Information Services on or before December 1 of each year a financial report on its operations and furnish the division with such other information as the division may require .

Hlatory.-s. 4, ch . 61-402; s. 4, ch. 63-39; ss. 10, 35, ch . 69-106; s. 21, ch. 69-353 : s. 3, ch. 83-24; s. 21, ch. 86-163.

257.171 Regionallibraries.-Units of local government, as defined in s. 165.031(1), may establish a regional library. The Division of Library and Information Services may establish operating standards and rules under which a regional library is eligible to receive state moneys . For a regional library, a local government may pay moneys in advance in lump sum from its public

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funds for the provision of library services only. Hislory.-s. 4, ch . 83-24; s. 22, ch . 86-163 .

257.191 Construction grants.-The Division of Library and Information Services may accept and administer library construction moneys appropriated to it and shall allocate such appropriation to municipal, county, and regional libraries in the form of library construction grants on a matching basis. The local matching portion shall be no less than 50 percent. The division shall adopt rules for the administration of library construction grants. For the purposes of this section, s. 257.21 does not apply.

Hislory.-s. 4, ch. 73-138; s. 5, ch. 83-24; s. 23, ch. 86- 163.

257.192 Program grants.-The Division of Library and Information Services is authorized to accept and administer appropriations for library program grants and to make such grants in accordance with the Florida longrange program for library services.

Hislory.-s. 5, ch. 73-138; s. 24, ch. 86-163.

257.22 Division of Library and Information Services; allocation of funds.-Any moneys that may be appropriated for use by a county, a municipality, a special district, or a special tax district for the maintenance of a library or library service shall be administered and allocated by the Division of Library and Information Services in the manner prescribed by law. On or before December 1 of each year, the division shall certify to the Comptroller the amount to be paid to each county, municipality, special district, or special tax district, and the Comptroller shall issue warrants to the respective boards of county commissioners or chief municipal executive authorities for the amount so allocated.

Hislory.-s. 10, ch. 61-402; s. 4, ch. 63-39; ss . 10.35, ch . 69-106; s. 21, ch. 69-353; s. 5, ch. 72-353; s. 5. ch. 83-24; s. 25, ch. 86-163.

257.23 Application for grant.-(1) The board of county commissioners of any coun

ty desiring to receive a grant under the provisions of ss. 257.14-257.25 shall apply therefor to the Division of library and Information Services on or before October 1 of each year on a form to be provided by the division. In the application, which shall be signed by the chairman of the board of county commissioners and attested by the clerk of the circuit court or the appropriate officer in a charter county , the board of county commissioners shall agree to observe the standards established by the division as authorized in s. 257.15, shall certify the annual tax income and the rate of tax or the annual appropriation for the free library or free library service, and shall furnish such other pertinent information as the division may require.

(2) The chief municipal executive authority of any municipality desiring to receive a grant under the provisions of ss. 257.14-257.25 shall apply therefor to the Division of Library and Information Services on or before October 1 of each year on a form to be provided by the division. In the application, which shall be signed by the chief municipal executive officer and attested by the clerk of the circuit court, the chief municipal executive authority shall agree to observe the standards established by the division as authorized in s. 257.15, shall certify the annual tax income and the rate of tax or the

annual appropriation for the free library, and shall furnish such other pertinent information as the division may require .

Hislory.-s. 11 , ch. 61-402; s. 4, ch. 63-39; ss. 10,35, ch . 69-106; s. 21 , ch. 69-353; s. 6, ch . 72-353; s. 6, ch. 83-24 ; s. 26, ch. 86- 163.

257.24 Use of funds.-State funds allocated to libraries shall be expended only for library purposes in the manner prescribed by the Division of Library and Information Services. Such funds shall not be expended for the purchase or construction of a library building or library quarters, except such funds specifically appropriated for construction purposes as provided in this chapter .

Hislory.-s. 12 , ch. 61-402; s. 7, ch. 72-353; s. 6, ch . 73-138; s. 7, ch . 83-24 ; s. 27, ch 86-163.

257.35 Florida State Archives.-(1) There is created within the Division of Library and

Information Services of the Department of State the Florida State Archives for the preservation of those public records , as defined in s. 119.011(1), manuscripts, and other archival material that have been determined by the division to have sufficient historical or other value to warrant their continued preservation and have been accepted by the division for deposit in its custody. It is the duty and responsibility of the division to:

(a) Organize and administer the Florida State Archives.

(b) Preserve and administer such records as shall be transferred to its custody; accept, arrange, and preserve them, according to approved archival practices; and permit them, at reasonable times and under the supervision of the division, to be inspected, examined, and copied, except that any record placed in the keeping of the division under special terms or conditions restricting its use shall be made accessible only in accordance with such terms and conditions.

(c) Assist the records and information management program in the determination of retention values for records.

(d) Cooperate with and assist insofar as practicable state institutions, departments, agencies, counties, municipalities, and individuals engaged in activities in the field of state archives, manuscripts, and history and accept from any person any paper, book, record, or similar material which in the judgment of the division warrants preservation in the state archives.

(e) Provide a public research room where, under rules established by the division, the materials in the state archives may be studied.

(f) Conduct, promote, and encourage research in Florida history, government, and culture and maintain a program of information, assistance, coordination, and guidance for public officials, educational institutions, libraries, the scholarly community, and the general public engaged in such research.

(g) Cooperate with and, insofar as practicable, assist agencies, libraries, institutions, and individuals in projects designed to preserve original source materials relating to Florida history, government, and culture and prepare and publish handbooks, guides, indexes, and other literature directed toward encouraging the preservation and use of the state's documentary resources.

466


(h) Encourage and initiate efforts to preserve, collect, process, transcribe, index, and research the oral history of Florida government.

(i) Assist and cooperate with the records and information management program in the training and information program described in s. 257.36(1 )(g).

(2) Any agency is authorized and empowered to turn over to the division any record no longer in current official use. The division, in its discretion, is authorized to accept such record and, having done so, shall provide for its administration and preservation as herein provided and, upon acceptance, shall be considered the legal custodian of such record.

(3) Title to any record transferred to the Florida State Archives, as authorized in this chapter, shall be vested in the division.

(4) The division shall make certified copies under seal of any record transferred to it upon the application of any person, and said certificates shall have the same force and effect as if made by the agency from which the record was received. The division may charge a fee for this service based upon the cost of service.

(5) The division may establish and maintain a schedule of fees for services which shall include, but not be limited to, restoration of archival materials, storage of archival materials, special research services, land publications.

(6) The division may establish and maintain as part of the state archives a Florida State Photographic Collection. The division shall:

(a) Acquire, identify, appraise, arrange, index, restore, and preserve photographs, motion pictures, drawings, and other iconographic material considered appropriate for preservation .

(b) Initiate appropriate action to acquire, identify, preserve, recover, and restore photographs, motion pictures, and other iconographic material considered appropriate for preservation.

(c) Provide for an index to the historical photographic holdings of the Florida State Photographic Collection and the State of Florida.

Any use or reproduction of material deposited with the Florida State Photographic Collection shall be allowed pursuant to the provisions of paragraph (1 )(b) and subsection (4) provided that appropriate credit for its use is given.

(7) The division shall promulgate such rules as are necessary to implement the provisions of this act.

HI'tory.-s. 3, ch. 81-173; s. 131, ch. 83-217; s. 45, ch. 86-163. 'Note.-The word "and" was substituted by :he editors for the word "or.Note.-Former s. 267 .042.

257.36 Records and information management.(1) There is created within the Division of Library and

Information Services of the Department of State a records and information management program. It is the duty and responsibility of the division to:

(a) Establish and administer a records management program directed to the application of efficient and economical management methods relating to the creation, utilization, maintenance, retention, preservation, and disposal of records .

(b) Establish and operate a records center or centers primarily for the storage, processing, servicing, and security of public records that must be retained for varying periods of time but need not be retained in an agency's office equipment or space.

(c) Analyze, develop, establish, and coordinate standards, procedures, and techniques of recordmaking and recordkeeping.

(d) Ensure the maintenance and security of records which are deemed appropriate for preservation.

(e) Establish safeguards against unauthorized or unlawful removal or loss of records.

(f) Initiate appropriate action to recover records removed unlawfully or without authorization.

(g) Institute and maintain a training and information program in all phases of records and information management to bring approved and current practices, methods, procedures, and devices for the efficient and economical management of records to the attention of all agencies.

(h) Provide a centralized program of microfilming for the benefit of all agencies.

(i) Make continuous surveys of recordkeeping oper-ations.

(j) Recommend improvements in current records management practices, including the use of space, equipment, supplies, and personnel in creating, maintaining, and servicing records .

(k) Establish and maintain a program in cooperation with each agency for the selection and preservation of records considered essential to the operation of government and to the protection of the rights and privileges of citizens .

(I) Make, or have made, preservation duplicates, or designate existing copies as preservation duplicates, to be preserved in the place and manner of safekeeping as prescribed by the division.

(2)(a) All records transferred to the division may be held by it in a records center or centers, to be designated by it, for such time as in its judgment retention therein is deemed necessary. At such time as it is established by the division, such records as are determined by it as having historical or other value warranting continued preservation shall be transferred to the Florida State Archives.

(b) Title to any record detained in any records center shall remain in the agency transferring such record to the division.

(c) When a record held in a records center is eligible for destruction, the division shall notify, in writing , by certified mail, the agency which transferred the record. The agency shall have 90 days from receipt of that notice to respond requesting continued retention or authorizing destruction or disposal of the record . If the agency does not respond within that time, title to the record shall pass to the division.

(3) The division may charge fees for supplies and services, including, but not limited to, shipping containers, pickup, delivery, reference, and storage. Fees shall be based upon the actual cost of the supplies and services and shall be deposited in the Records Management Trust Fund.

467


(4) Any preservation duplicate of any record made pursuant to this chapter shall have the same force and eHect for all purposes as the original record. A tranSCript, exemplification, or certified copy of such preservation duplicate shall be deemed, for all purposes, to be a transcript, exemplification, or certified copy of the origInal record.

(5) For the purposes of this section, the term "agency" shall mean any state, county, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to:

(a) . Cooperate with the division in complying with the provIsions of thiS chapter and designate a records management liaison officer .

(b) Establish and maintain an active and continuing program for the economical and efficient management of records.

(6) Each agency shall submit to the division in accordance with the rules of the division a list or schedule of records in its custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal significance to warrant further retention by the agency. Such records shall, in the discretion of the division, be transferred to it for further retention and preservation, as herein provided, or may be destroyed upon its approval.

(7) No record shall be destroyed or disposed of by any agency unless approval of the division is first obtained . The division shall adopt reasonable rules not inconsistent with this chapter which shall be binding on all agencies relating to the destruction and disposal of records . Such rules shall provide, but not be limited to:

. (a) Procedures for complying and submitting to the divIsion lists and schedules of records proposed for disposal.

(b) Procedures for the physical destruction or other disposal of records.

(c) Standards for the reproduction of records for security or with a view to the disposal of the original record.

History.-s. 5, ch. 67-SO; ss. 10.35. ch. 69-106; s. 4, ch. 81-173; s. 24. ch. 83-339; s. 46, ch. 86-163.

Note.-Former s. 267.051. d.-ss. 215.20, 215.22 Service charge deduction for cost of general government

paid from General Revenue Fund.

was to -this act." Note.-Former s. 267.10.

257.375 Records Management Trust Fund.-There is hereby created within the Division of Library and Information Services a Records Management Trust Fund which shall consist of fees collected for records management and archival services. Funds deposited in the Records Management Trust Fund shall be used to support the programs of the state archives and records and information management programs.

History.-s. 28, ch. 86-163.

258.007 258.081 258.155

CHAPTER 258

STATE PARKS AND PRESERVES

PART I PARKS

PART III AQUATIC PRESERVES

PART IV WILD AND SCENIC RIVERS

PART I

PARKS

Powers of division. Stephen Foster State Folk Culture Center . Judah P. Benjamin Memorial at Gamble Plan-

tation Historical Site Advisory Council.

258.007 Powers of division.-(1) The Division of Recreation and Parks shall have

power to acquire in the name of the state any property, real or personal, by purchase, grant, devise, condemnation, donation, or otherwise, which in its judgment may be necessary or proper toward the administration of the purposes of this chapter; however, no property of any nature may be acquired by purchase, lease, grant, donation, deVise, or otherwise, under conditions which shall pledge the credit of, or obligate in any manner whatsoever, the state to pay any sum of money, and the power of condemnation as herein granted is limited to the ac-

257.37 Legislative intent.-In enacting 1this law quisition of property or property rights which may be re-the Legislature is cognizant of the fact that there may qUlred for state park purposes for parks under the juris-be Instances where an agency may be microfilming and diction of the .Dlvlslon of Recreation and Parks on July destrOYing public records or performing other records 1, 1980. AcqUISition of such property or property rights management programs pursuant to local or special acts. shall not exceed an aggregate of 40 acres or 10 percent The Legislature is further aware that it may not be possi- of the total acreage of the respective park as it existed ble toimplement 2this chapter in its entirety immediately on July 1, 1980, whichever is less, and shall be restricted upon ItS enactment, and it is not the legislative intent by to prop~rties wholly surrounded by state park property 2thiS chapter to disrupt the orderly microfilming and de- at the time of acquisition. Express legislative approval struction of public records pursuant to such local or spe- IS reqUired for the acquisition by condemnation of any clal acts above referred to, provided that such agencies new area or memorial which the division may desire for make no further disposition of public records without ap- the purposes set forth in this chapter, except that the proval of the Division of Library and Information Services diVISion may maintain and insure with the Florida fire in-of the Department of State pursuant to such rules and surance trust fund buildings on property owned by the regulations as it may establish. state or any of its agencies.

History.- s. 11 . ch. 67-SO; ss. 10,35, ch. 69-106; s. 54. ch. 86-163 (2) The division shall make and publish such rules 'Nole.-The words "this law' appear in that form in the original of this section, s. and regulations as it may deem necessary or proper for

11, ch. 67-SO, Laws of Florida. 'Note.-The words 'this chapter' apparently make reference to ch. 267, the former the management and use of the parks, monuments and

locaflon of this section; as enacted in s. 11 . ch. 67-SO, Laws of Florida, the reference memorials under its jurisdiction, and the violation of any

468

S. 258.007: ___ _ _ _ ~1_=.:Sa~6~_'S~U~P...!.P.!:L~EM=EN:.!.T.!....!.TO~F.!:L~O~R~1D~A~S"-'T~llt.~T~U_'_'TE~S~19~8~5~~ ___ _ ~s~. ~25~8~.3~9

of the rules and regulations authorized by this section shall be a misdemeanor and punishable accordingly.

(3) The division may grant privileges, leases, concessions, and permits for the use of land for the accommodation of visitors in the various parks, monuments. and memorials, provided no natural curiosities or objects of interest shall be granted, leased, or rented on such terms as shall deny or interfere with free access to them by the public; provided further, such grants, leases, and permits may be made and given without advertisement or securing competitive bids; and provided further, that no such grant, lease, or permit shall be assigned or transferred by any grantee without consent of the division.

(4) The division is authorized to grant easements for rights-of-way over, across, and upon lands of the state for the maintenance of poles and lines for the transmission and distribution of electrical power and for telephone and telegraphic purposes, under such conditions and with such limitations as the division may impose.

(5)(a) The division is authorized and empowered to select and designate sites of historic interest and value of statewide significance and to erect and maintain appropriate signs or markers indicating said sites upon oublic property as well as upon private property where permission is obtained .

(b) The Department of Transportation, the governing body of each county and municipality is authorized to permit the Division of Recreation and Parks to erect and maintain said historic signs or markers within the rightof-way of any state highway, county road, or municipal street, or any other property under their jurisdiction and control, under such conditions and limitations as may be appropriate. The division is hereby vested with the exclusive authority and power to erect and maintain said historic signs or markers within the right-of-way of any state highway.

(c) The division is authorized to receive gifts and donations from any source to carry out the purpose of this section.

Hlatory.-s. 7, ch. 25353, 1949; s. 7, ch. 29615,1955; 5. 1, ch. 59-392; 55. 23, 25, 35, ch. 69-106; s. 1, ch. 70-302; 5. 1, ch. 70-439; s. 70, ch. 86--186

Note.-Former s. 592.07 .

258.081 Stephen Foster State Folk Culture Center. -The division shall maintain and operate the Stephen Foster State Folk Culture Center facility in such manner that the performing arts component of the Florida Folklife Programs provided in s. 267.16 shall have priority use of the facility.

Hlatory.-s. 7, ch. 79-322; s. 126, ch. 83-217; s. 29. ch. 86-1 83.

1258.155 Judah P. Benjamin Memorial at Gamble Plantation Historical Site AdviSOry CounciJ.-

(1) An advisory council composed of five members, citizens and residents of Manatee County, known and designated as the Judah P. Benjamin Memorial at Gamble Plantation Historical Site AdviSOry Council is hereby created.

(2) Members of the advisory council shall be appOinted by the Governor for 4-year staggered terms. Initially, the Governor shall appoint two members for terms of 4 years, one member for a term of 3 years, and two members for terms of 2 years. Three of the members

shall be appointed from the membership of the Judah P. Benjamin Chapter of the United Daughters of the Confederacy. One member shall be appOinted from the membership of the Manatee County Historical Commission, and one member shall be appointed at large from Manatee County. Members shall serve without compensation. It shall be the duty of the advisory council to advise the Division of Recreation and Parks of the Department of Natural Resources in the operation, restoration, development, and preservation of the Judah P. Benjamin Memorial at Gamble Plantation Historical Site.

HI.tory.-ss. 1,2, ch. 80-536; 55.1,3, ch. 86-16. 'Note.-Expires OClober 1, 1996, pursuanllo s. 3, ch. 86--16, and is scheduled

for review pursuant to s. 11 .611 .

258.39 258.3925 258.397 258.42

PART III

AQUATIC PRESERVES

Boundaries of preserves. Lemon Bay Aquatic Preserve. Biscayne Bay Aquatic Preserve. Maintenance of preserves.

258.39 Boundaries of preserves.-The submerged lands included within the boundaries of Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte, Pinellas, Martin, Palm Beach, Dade, Monroe, Collier, Lee, Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa, Hernando, and Escambia Counties, as hereinafter described, with the exception of privately held submerged lands lying landward of established bulkheads and of privately held submerged lands within Monroe County where the establishment of bulkhead lines is not required, are hereby declared to be aquatic preserves. Such aquatic preserve areas include:

(1) The Fort Clinch State Park Aquatic Preserve, as described in the Official Records of Nassau County in Book 108, pages 343-346, and in Book 111, page 409.

(2) Nassau River-St. Johns River Marshes Aquatic Preserve, as described in the Official Records of Duval County in Volume 3183, pages 547-552, and in the Official Records of Nassau County in Book 108, pages 232-237.

(3) Pellicer Creek Aquatic Preserve, as described in the Official Records of St. Johns County in Book 181, pages 363-366, and in the Official Records of Flagler County in Book 33, pages 131-134.

(4) Tomoka Marsh Aquatic Preserve, as described in the Official Records of Flagler County in Book 33, pages 135-138, and in the Official Records of Volusia County in Book 1244, pages 615-618.

(5) Mosquito Lagoon Aquatic Preserve, as described in the Official Records of Volusia County in Book 1244, pages 619-623, and in the Official Records of Brevard County in Book 1143. pages 190-194.

(6) Banana River Aquatic Preserve, as described in the Official Records of Brevard County in Book 1143, pages 195-198, and the sovereignty submerged lands lying within the following described boundaries: BEGIN at the intersection of the westerly ordinary high water line of Newfound Harbor with the North line of Section 12, Township 25 South, Range 36 East, Brevard County: Thence proceed northeasterly crOSSing Newfound Har-

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bor to the intersection of the South line of Section 31, Township 24 South, Range 37 East, with the easterly ordinary high water line of said Newfound Harbor; thence proceed northerly along the easterly ordinary high water line of Newfound Harbor to its intersection with the easterly ordinary high water line of Sykes Creek; thence proceed northerly along the easterly ordinary high water line of said creek to its intersection with the southerly right-of-way of Hall Road; thence proceed westerly along said right-of-way to the westerly ordinary high water line of Sykes Creek; thence southerly along said ordinary high water line to its intersection with the ordinary high water line of Newfound Harbor; thence proceed southerly along the westerly ordinary high water line of Newfound Harbor to the POINT OF BEGINNING.

(7)(a) Indian River-Malabar to Vero Beach Aquatic Preserve, as described in the Official Records of Brevard County in Book 1143, pages 199-202, and in the Official Records of Indian River County in Book 368, pages 5-8 and the sovereignty submerged lands lying within the following described boundaries, excluding those lands contained within the corporate boundary of the City of Vero Beach as of the effective date of this act: Commence at the intersection of the north line of Section 31, Township 28 South, Range 38 East, and the westerly mean high water line of Indian River for a point of beginning; thence from the said point of beginning proceed northerly, westerly, and easterly along the mean high water line of Indian River and its navigable tributaries to an intersection with the north line of Section 24, Township 28 South, Range 37 East; thence proceed easterly, to a point on the easterly mean high water line of Indian River at its intersection with the north line of Section 20, Township 28 South, Range 38 East; thence proceed southerly, along the easterly mean high water line of Indian River to the most westerly tip of Blue Fish Point in said Section 20, thence proceed southwesterly to the intersection of the westerly mean high water line of Indian River with the north line of Section 31, Township 28 South, Range 38 East and the point of beginning: And also commence at the intersection of the northern Vero Beach city limits line in Section 25, Township 32 South, Range 39 East, and the westerly mean high water line of Indian River for the point of beginning: Thence from the said point of beginning proceed northerly, along the westerly mean high water line of Indian River and its navigable tributaries to an intersection with the south line of Section 14, Township 30 South, Range 38 East; thence proceed easterly, along the easterly projection of the south line of said Section 14, to an intersection with the easterly right-of-way line of the Intracoastal Waterway; thence proceed southerly, along the easterly right-of-way line of the Intracoastal Waterway, to an intersection with the northerly line of the Pelican Island National Wildlife Refuge; thence proceed easterly, along the northerly line of the Pelican Island National Wildlife Refuge, to an intersection with the easterly mean high water line of Indian River; thence proceed southerly along the easterly mean high water line of Indian River and its tributaries, to an intersection with the northern Vero Beach city limits line in Section 30, Township 32 South, Range 40 East; thence proceed westerly and southerly, along the northern Vero Beach city limits line

to an intersection with the easterly mean high water line of Indian River and the point of beginning.

(b) For purposes of the Indian River-Malabar to Vero Beach Aquatic Preserve, a lease of sovereign submerged lands for a noncommercial dock may be deemed to be in the public interest when the noncommercial dock constitutes a reasonable exercise of riparian rights and is consistent with the preservation of the exceptional biological, aesthetic, or scientific values which the aquatic preserve was created to protect.

(8) Indian River-Vero Beach to Fort Pierce Aquatic Preserve, as described in the Official Records of Indian River County in Book 368, pages 9-12, and in the Official Records of St. Lucie County in Book 187, pages 1083-1086.

(9) Jensen Beach to Jupiter Inlet Aquatic Preserve, as described in the Official Records of SI. Lucie County in Book 218, pages 2865-2869.

(10) Loxahatchee River-Lake Worth Creek Aquatic Preserve, as described in the Official Records of Martin County in Book 320, pages 193-196, and in the Official Records of Palm Beach County in Volume 1860, pages 806-809, and the sovereignty submerged lands lying within the following described boundaries: Begin at the intersection of the easterly mean high water line of the North Fork of the Loxahatchee River with the northerly mean high water line of the Loxahatchee River, being in Section 36, Township 40 South, Range 43 East, Palm Beach County: Thence proceed easterly along the northerly mean high water line of the Loxahatchee River to the westerly right-of-way of U.S. Highway 1; thence proceed southerly along said right-of-way to the southerly mean high water line of said river; thence proceed easterly along the southerly mean high water line of said river to its intersection with the easterly mean high water line of the Lake Worth Creek; thence proceed northwesterly crossing the Loxahatchee River to the point of beginning: And also: Commence at the southwest corner of Section 16, Township 40 South, Range 42 East Martin County; thence proceed north along the west line of Section 16 to the mean high water line of the Loxahatchee River being the point of beginning: Thence proceed southerly along the easterly mean high water line of said river and its tributaries to a point of nonnavigability; thence proceed westerly to the westerly mean high water line of said river; thence proceed northerly along the westerly mean high water line of said river and its tributaries to its intersection with the westerly line of Section 16, Township 40 South, Range 42 East; thence proceed southerly along the said westerly section line to the point of beginning: And also begin where the southerly mean high water line of the Southwest Fork of the Loxahatchee River intersects the westerly line of Section 35, Township 40 South, Range 42 East: Thence proceed southwesterly along the southerly mean high water line of the Southwest Fork to the northeasterly face of structure #46; thence proceed northwesterly along the face of said structure to the northerly mean high water line of the Southwest Fork; thence proceed northeasterly along said mean high water line to its intersection with the westerly line of Section 35, Township 40 South, Range 42 East; thence proceed southerly along westerly line of said section to the pOint of beginning.

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(11) Biscayne Bay-Cape Florida to Monroe County Line Aquatic Preserve, as described in the Official Records of Dade County in Book 7055, pages 852-856, less, however, those lands and waters as described in s. 258.165.

(12) North Fork, SI. Luc ie Aquatic Preserve, as described in the Official Records of Martin County in Book 337, pages 2159-2162, and in the Official Records of SI. Lucie County in Book 201, pages 1676-1679.

(13) Yellow River Marsh Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 206, pages 568-571 .

(14) Fort Pickens State Park Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 220, pages 60-63, and in the Official Records of Escambia County in Book 518, pages 659-662.

(15) Rocky Bayou State Park Aquatic Preserve, as described in the Official Records of Okaloosa County in Book 593, pages 742-745 .

(16) St. Andrews State Park Aquatic Preserve, as described in the Official Records of Bay County in Book 379, pages 547-550.

(17) St. Joseph Bay Aquatic Preserve, as described in the Official Records of Gulf County in Book 46, pages 73- 76.

(18) Apalachicola Bay Aquat ic Preserve, as described in the Official Records of Gulf County in Book 46, pages 77-81 , and in the Official Records of Franklin County in Volume 98, pages 102-106.

(19) Alligator Harbor Aquatic Preserve, as described in the Official Records of Franklin County in Volume 98, pages 82-85.

(20) SI. Martins Marsh Aquatic Preserve, as described in the Official Records of Citrus County in Book 276, pages 238-241 .

(21) Matlacha Pass Aquatic Preserve, as described in the Official Records of Lee County in Book 800, pages 725-728.

(22) Pine Island Sound Aquatic Preserve , as described in the Official Records of Lee County in Book 648, pages 732- 736.

(23) Cape Romano-Ten Thousand Islands Aquatic Preserve, as described in the Official Records of Collier County in Book 381 , pages 298-301 .

(24) Lignumvitae Key Aquatic Preserve, as described in the Official Records of Monroe County in Book 502, pages 139- 142.

(25) Coupon Bight Aquatic Preserve, as described in the Official Records of Monroe County in Book 502, pages 143-146.

(26) Lake Jackson Aquatic Preserve, as established by chapter 73-534, Laws of Florida, and defined as authorized by IS . 253.151 or as otherwise authorized by law.

(27) Pinellas County Aquatic Preserve, as established by chapter 72-663, Laws of Florida; Boca Ciega Aquatic Preserve, as established by s. 258.16; and the Biscayne Bay Aquatic Preserve, as established by s. 258.165. If any provision of this act is in conflict with an aquatic preserve established by s. 258.396, chapter 72-663, Laws of Florida, or s. 258.397, the stronger provision for the maintenance of the aquatic preserve shall prevail.

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(28) Estero Bay Aquatic Preserve, the boundaries of which are generally: All of those sovereignty submerged lands located bayward of the mean high-water line being in Sections 13, 14, 15, 16,17, 18,21 , 22, 23, 24, 25, 26, 27 , 35, and 36, Township 46 South, Range 24 East; and in Sections 19, 20, 28, 29, and 34, Township 46 South, Range 24 East, lying north and east of Matanzas Pass Channel ; and in Sections 19, 30 , and 31, Township 46 South, Range 25 East; and in Sections 6, 7, 17, 18, 19, 20, 29, 30, 31, and 32, Township 47 South, Range 25 East; and in Sections 1, 2, 3, 11, 12, 13, 14, 24, and 25, Township 47 South , Range 24 East, in Lee County, Florida. Any and all submerged lands conveyed by the Trustees of the Internal Improvement Trust Fund prior to October 12, 1966, and any and all uplands now in private ownership are specifically exempted from this preserve.

(29) Cape Haze Aquatic Preserve, the boundaries of which are generally: That part of Gasparilla Sound, Catfish Creek, Whiddon Creek, "The Cutoff," Turtle Bay, and Charlotte Harbor lying within the following described limits: Northerly limits: Commence at the northwest corner of Section 18, Township 42 South , Range 21 East , thence south along the west line of said Section 18 to its intersection with the Government Meander Line of 1843-1844, and the point of beginning , thence southeasterly along said meander line to the northwesterly shoreline of Catfish Creek, thence northeasterly along said shoreline to the north line of said Section 18, thence east along said north line to the easterly shoreline of Catfish Creek, thence southeasterly along said shoreline to the east line of said Section 18, thence south along said east line, crossing an arm of said Catfish Creek to the southerly shoreline of said creek, thence westerly along said southerly shoreline and southerly along the easterly shoreline of Catfish Creek to said Government Meander Line, thence easterly and southeasterly along said meander line to the northerly shoreline of Gasparilla Sound in Section 21 , Township 42 South , Range 21 East , thence easterly along said northerly shoreline and northeasterly along the westerly shoreline of Whiddon Creek to the east west quarter line in Section 16, Township 42 South, Range 21 East, thence east along said quarter line and the quarter Section line of Section 15, Township 42 South, Range 21 East to the easterly shoreline of Whiddon Creek, thence southerly along said shoreline to the northerly shoreline of "The Cutoff," thence easterly along said shoreline to the westerly shoreline of Turtle Bay, thence northeasterly along said shoreline to its intersection with said Government Meander Line in Section 23, Township 42 South , Range 21 East, thence northeasterly along said meander line to the east line of Section 12, Township 42 South, Range 21 East, thence north along the east line of said Section 12, and the east line of Section 1, Township 42 South , Range 21 East to the northwest corner of Section 6, Township 42 South , Range 22 East, thence east along the north line and extension thereof of said Section 6 to a point 2,640 feet east of the westerly shoreline of Charlotte Harbor and the end of the northerly limits . Easterly limits: Commence at the northwest corner of Section 6, Township 42 South, Range 22 East, thence east along the north line of said Section 6 and extension thereof to a point 2,640 feet east of the westerly shoreline of Charlotte


Harbor and the point of beginning, thence southerly along a line 2,640 feet easterly of and parallel with the westerly shoreline of Charlotte Harbor and along a southerly extension of said line to the line dividing Charlotte and Lee Counties and the end of the easterly limits. Southerly limits: Begin at the point of ending of the easterly limits, above described, said pOint being in the line dividing Charlotte and Lee Counties, thence southwesterly along a siraight line to the most southerly point of Devil Fish Key, thence continue along said line to the easterly right-of-way of the Intracoastal Waterway and the end of the southerly limits. Westerly limits: Begin at the point of ending of the southerly limits as described above, thence northerly along the easterly right-of-way line of the Intracoastal Waterway to its intersection with a southerly extension of the west line of Section 18. Township 42 South , Range 21 East, thence north along said line to point of beginning .

(30) Wekiva River Aquatic Preserve, the boundaries of which are generally: All the state-owned sovereignty lands lying waterward of the ordinary high-water mark of the Wekiva River and the Little Wekiva River and their tributaries lying and being in Lake, Seminole, and Orange counties and more particularly described as follows:

(a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and 30, Township 20 South, Range 29 East. These sections are also depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute series-topographic) 1959 (70PR); and

(b) In Sections 3,4,8,9, and 10, Township 20 South, Range 29 East and in Sections 21,28, and 33, Township 19 South, Range 29 East lying north of the right-of-way for the Atlantic Coast Line Railroad and that part of Section 33, Township 19 South, Range 29 East lying between the Lake and Orange County lines and the rightof-way of the Atlantic Coast Line Railroad. These sections are also depicted on the Sanford SW Quadrangle (U ,S.GS. 7.5 minute series-topographic) 1965 (70-1); and

(c) All state-owned sovereignty lands, public lands, and lands whether public or private below the ordinary high-water mark of the Wekiva River and the Little Wekiva and their tributaries within the Peter Miranda Grant in Lake County lying below the 10 foot m.s.!. contour line nearest the meander line of the Wekiva River and all state-owned sovereignty lands, public lands, and lands whether public or private below the ordinary high-water mark of the Wekiva River and the Littie Wekiva and their tributaries within the Moses E. Levy Grant in Lake County below the 10 foot m.s.l. contour line nearest the meander lines of the Wekiva River and Black Water Creek as depicted on the PINE LAKES 1962 (70-1), ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and SANFORD SW 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute topographic); and

(d) All state-owned sovereignty lands, public lands, and lands whether public or private below the ordinary high-water mark of the Wekiva River and the Little Wekiva River and their tributaries lying below the 10 foot m.s.l. contour line nearest the meander line of the Wekiva and Sl. John's Rivers as shown on the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and SAN-

FORD SW 1965 (70-1) QUADRANGLES (U.S.G,S. 7.5 minute topographic) within the following described property: Beginning at a point on the south boundary of the Moses E. Levy Grant, Township 19 South, Range 29 East, at its intersection with the meander line of the Wekiva River; thence south 60 '/2 degrees east along said boundary line 4,915.68 feet; thence north 291/2 degrees east 15,516.5 feet to the meander line of the Sl. John's River; thence northerly along the meander line of the St. John's River to the mouth of the Wekiva River; thence southerly along the meander line of the Wekiva River to the beginning; and

(e) All state-owned sovereignty lands, public lands, and lands whether public or private below the ordinary high-water mark of the Wekiva River and the Little Wekiva River and their tributaries within the Peter Miranda Grant lying east of the Wekiva River, less the following:

1. State Road 46 and all land lying south of said State Road No. 46.

2. Beginning 15.56 chains West of the Southeast corner of the SW '/4 of the NE '/4 of Section 21, Township 19 South, Range 29 East, run east 600 feet; thence north 960 feet; thence west 340 feet to the Wekiva River; thence southwesterly along said Wekiva River to point of beginning.

3, That part of the east '/4 of the SW '/4 of Section 22, Township 19 South, Range 29 East, lying within the Peter Miranda Grant east of the Wekiva River.

(f) All the sovereignty submerged lands lying within the following described boundaries: Begin at the intersection of State Road 44 and the westerly ordinary high water line of the Sl. Johns River, Section 22, Township 17 South, Range 29 East, Lake County: Thence proceed southerly along the westerly ordinary high water line of said river and its tributaries to the intersection of the northerly right-of-way of State Road 400; thence proceed northeasterly along said right-of-way to the easterly ordinary high water line of the Sl. Johns River; thence proceed northerly along said ordinary high water line of the St. Johns River and its tributaries to its intersection with the easterly ordinary high water line of Lake Beresford; thence proceed northerly along the ordinary high water line of said lake to its intersection with the westerly line of Section 24, Township 17 South, Range 29 East; thence proceed northerly to the southerly rightof-way of West New York Avenue; thence proceed westerly along the southerly right-of-way of said avenue to its intersection with the southerly right-of-way line of State Road 44; thence proceed southwesterly along said right-of-way to the point of beginning.

(31) Rookery Bay Aquatic Preserve, the boundaries of which are generally: All of the state-owned sovereignty lands lying waterward of the mean high-water line in Rookery Bay and in Henderson Creek and the tributaries thereto in Collier County, Florida. Said lands are more particularly described as lying and being in Sections 27, 34, 35, and 36, Township 50 South, Range 25 East; in Section 31, Township 50 South , Range 26 East; in Sections 1, 2,3, 10, 11, 12, 13, 14, 23, 24, and 25, Township 51 South, Range 25 East; and in Sections 5, 6, 7, 8, 9, 10, 15,16,17,18,19,20,30, and 31, Township 51 South, Range 26 East, Collier County, Florida, and all the sover-

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eignty submerged lands lying within the following described boundaries: Begin at the southwest corner of Section 30, Township 52 South, Range 27 East, Collier County: Thence proceed easterly along the southerly line of said Section 30 to the southwest corner of Section 29, Township 52 South, Range 27 East; proceed thence northerly along the westerly lines of Sections 29, 20 and 17 to the northwest corner of said Section 17; thence proceed westerly along the northerly line of Section 18 to the southeast corner of Section 12, Township 52 South , Range 26 East; thence proceed northerly along the easterly lines of Sections 12, 1, 36 and 25 to the northeast corner of said Section 25, Township 51 South, Range 26 East; thence proceed westerly along the northerly lines of Sections 25 and 26 to the northwest corner of said Section 26; thence proceed northerly to northeast corner of said Section 22; thence proceed westerly along the northerly lines of Sections 22 and 21 to the northwest corner of said Section 21 ; thence proceed southerly to the southwest corner of said Section 21; thence proceed westerly along the northerly line of Section 29 to the northwest corner thereof; thence proceed southerly along the westerly lines of Sections 29 and 32 to the southwest corner of said Section 32; thence proceed westerly to the northwest corner of Section 6, Township 52 South , Range 26 East; thence proceed southerly along a projection of Range line 25 East to its intersection with a line which runs westerly from the southwest corner of Cape Romano - Ten Thousand Islands Aquatic Preserve; thence proceed easterly to the southwest corner of Cape Romano - Ten Thousand Islands Aquatic Preserve; thence proceed northerly to the point of beginning. Less and except: Begin at the southeast corner of Section 21 , Township 52 South, Range 25 East; thence proceed northerly along the easterly lines of Sections 21 and 16 to the northeast corner of said Section 16, thence proceed northerly to the thread of John Stevens Creek; thence proceed northwesterly along the thread of said creek to its intersection with the thread of Marco River; thence proceed northwesterly and westerly along the thread of said river to its intersection with the thread of Big Marco Pass; thence proceed southwesterly along the thread of Big Marco Pass to its intersection with Range line 25 East; thence proceed southerly along Range line 25 East to a point which is west from the point of beginning : Thence proceed easterly to the point of beginning.

(32) Rainbow Springs Aquatic Preserve, the boundaries of which are generally: Commencing at the intersection of Blue Run with the Withlacoochee River in Section 35, Township 16 South, Range 18 East; thence run southeasterly and easterly along said Blue Run to the east boundary of said Section 35; thence continue easterly and northerly along said Blue Run through Section 36, Township 16 South, Range 18 East, to the north boundary of said Section 36; thence continue northerly and northeasterly along said Blue Run in Section 25, Township 16 South , Range 18 East, to the north boundary of the city limits of Dunnellon, Florida; thence from the north boundary of the city limits of Dunnellon, Florida, in Section 25, Township 16 South, Range 18 East; thence run easterly along said Blue Run to its intersection with the east boundary line of said Section 25; thence contin-

ue easterly along said Rainbow River (Blue Run) into Section 30, Township 16 South, Range 19 East, thence northerly along said Rainbow River (Blue Run) through Sections 30 and 19, Township 16 South, Range 19 East, to a point on the north boundary of the northwest '/ 4 of Section 18; thence continue to run northwesterly to the head of Rainbow Springs in Section 12, Township 16 South, Range 18 East.

Any and all submerged lands theretofore conveyed by the Trustees of the Internal Improvement Trust Fund and any and all uplands now in private ownership are specifically exempted from this dedication .

HIIlory.-s. l . ch . 75-172;s. 1. ch . 76-109; s . l . ch . 76-211 ; s. 84 , Ch. 77-104; s . 1, ch . 83-62: s. 2, ch. 84-312; s . 1, ch. 85-345; s . 6, ch. 86-186.

'Nole.-See former s. 253.151, F.S. '81.

258.3925 Lemon Bay Aquatic Preserve.-The following described area in Charlotte County and Sarasota County is designated by the Legislature for inclusion in the aquatic preserve system under the Florida Aquatic Preserve Act of 1975. Such area, to be known as the Lemon Bay Aquatic Preserve, shall be included in the aquatic preserve system and shall include the following described property : Those state-owned sovereignty submerged lands comprising the Lemon Bay estuarine system bounded on the south by the Boca Grand Bridge, in Charlotte County, and on the north by the east line of Section 31, Township 39 South, Range 19 East, in Sarasota County, and including: Section 32, Township 39 South, Range 19 East, and Sections 4, 5, 9, 15, 16, 22, 23, 25, 26, 27, 35, and 36, of Township 40 South, Range 19 East, all lying within the defined boundaries of Sarasota County; and Sections 1, 2, 12, and 13 of Township 41 South, Range 19 East, and Sections 6, 7, 8, 17, 18, 19, 20, 21 , 28, 29, and 33 ofT ownship 41 South, Range 20 East, and Sections 2,3,4,10,11,12,13, 14, 22, and 27 of Township 42 South, Range 20 East, alllying within the defined boundaries of Charlotte County; including Placida Harbor, Gasparilla Pass, Kettle Harbor, Bocilla Lagoon, Bocilla Pass, Knight Pass, Stump Pass, Lemon Bay, Buck Creek upstream to County Road 775, Oyster Creek upstream to County Road 775, Ainger (Rock) Creek upstream to County Road 775, and Godfrey (Godfried, Gottfried) Creek upstream to County Road 775.

Hlalory.-s. 74 , cI1. 86-186.

258.397 Biscayne Bay Aquatic Preserve.-(1) DESIGNATION. -Biscayne Bay in Dade and

Monroe Counties, as hereinafter described to include Card Sound, is designated and established as an aquatic preserve under the provisions of this section . It is the intent of the Legislature that Biscayne Bay be preserved in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.

(2) BOUNDARIES.-(a) For the purposes of this section, Biscayne Bay,

sometimes referred to in this section as "the preserve," shall be comprised of the body of water in Dade and Monroe Counties known as Biscayne Bay whose boundaries are generally defined as follows :

Begin at the southwest intersection of the right-ofway of State Road 826 and the mean high-"water line of

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Biscayne Bay (Township 52 South, Range 42 East, Dade County); thence southerly along the westerly mean high-water line of Biscayne Bay to its intersection with the right-of-way of State Road 905A (Township 59 South, Range 40 East, Monroe County); thence easterly along such right-of-way to the easterly mean highwater line of Biscayne Bay; thence northerly along the easterly mean high-water line of Biscayne Bay following the westerly shores of the most easterly islands and Keys with connecting lines drawn between the closest pOints of adjacent islands to the southeasterly intersection of the right-of-way of State Road 826 and the mean high-water line of Biscayne Bay; thence westerly to the point of beginning. Said boundary extends across the mouths of all artificial waterways, but includes all natural waterways tidally connected to Biscayne Bay. Excluded from the preserve are those submerged lands conveyed to the United States for the establishment of the Biscayne National Monument as defined by Pub. L. No. 90-606 of the United States.

(b) The preserve established by this section shall include the submerged bottom lands and the water column upon such lands, as well as all publicly owned islands, within the boundaries of the preserve. Any privately held upland within the boundaries of the preserve shall be deemed to be excluded therefrom. However, the Board of Trustees of the Internal Improvement Trust Fund may negotiate an arrangement with any such private upland owner by which such land may be included in the preserve.

(c) The board of trustees may transfer to the United States any interest in lands, title to which is vested in the board of trustees, which are presently within the boundaries of the preserve for inclusion in the Biscayne National Monument or its successor should the area be designated a national park. Transfers of interest under this paragraph shall be subject to the following conditions:

1. All interests in oil, gas, or other mineral rights held by the board of trustees shall be retained and not transferred to the United States.

2. All rights to fish on the waters shall be retained and not transferred to the United States.

3. All rights to impose and collect state excise tax-es on the sales of alcohol or tobacco shall be retained and not transferred to the United States.

4. Transfers of interest shall be subject to outstand-ing easements, reservations, or other interests appearing of record .

(3) AUTHORITY OF TRUSTEES.-The Board of Trustees of the Internal Improvement Trust Fund is authorized and directed to maintain the aquatic preserve hereby created pursuant and subject to the following provisions:

(a) No further sale, transfer, or lease of sovereignty submerged lands in the preserve shall be approved or consummated by the board of trustees, except upon a showing of extreme hardship on the part of the applicant and a determination by the board of trustees that such sale, transfer, or lease is in the public interest.

(b) No further dredging or filling of submerged lands of the preserve shall be approved or tolerated by the board of trustees except:

1. Such minimum dredging and spoiling as may be authorized for public navigation projects or for such minimum dredging and spoiling as may be constituted as a public necessity or for preservation of the bay according to the expressed intent of this section.

2. Such other alteration of physical conditions, in-cluding the placement of riprap, as may be necessary to enhance the quality and utility of the preserve.

3. Such minimum dredging and filling as may be authorized for the creation and maintenance of marinas, piers, and docks and their attendant navigation channels and access roads. Such projects may only be authorized upon a specific finding by the board of trustees that there is assurance that the project will be constructed and operated in a manner that will not adversely affect the water quality and utility of the preserve. This subparagraph shall not authorize the connection of upland canals to the waters of the preserve.

4. Such dredging as is necessary for the purpose of eliminating conditions hazardous to the public health or for the purpose of eliminating stagnant waters, islands, and spoil banks, the dredging of which would enhance the aesthetic and environmental quality and utility of the preserve and be clearly in the public interest as determined by the board of trustees.

Any dredging or filling under this subsection or improvements under subsection (5) shall be approved only after public notice and, upon the request of any person, a public hearing in the area affected; however, the public notice and meeting requirements of this subsection shall not apply to general permits issued under s. 403.814 . Nothing herein shall be construed to abrogate the rights of any person under the prOVisions of chapter 120. In addition to any public notice otherwise required by law, public notice pursuant to this subsection shall be provided by United States mail to any person who requests, in writing, to have his name placed on a mailing list by the Department of Environmental Regulation.

(c) There shall be no drilling of wells, excavation for shell or minerals, or erection of structures other than docks within the preserve unless such activity is associated with activity authorized by this section.

'(d) The board of trustees shall not approve any seaward relocation of bulkhead lines or further establishment of bulkhead lines except when a proposed bulkhead line is located at the line of mean high water along the shoreline. Construction, replacement, or relocation of seawalls shall be prohibited without the approval of the board of trustees, which approval may be granted only if riprap construction is used in the seawall. The board may grant approval under this paragraph by a letter of consent.

(e) Notwithstanding other provisions of this section, the board of trustees may, respecting lands lying within Biscayne Bay:

1. Enter into agreements for and establish lines de-lineating sovereignty and privately owned lands.

2. Enter into agreements for the exchange of, and exchange, sovereignty lands for privately owned lands.

3. Accept gifts of land within or contiguous to the preserve.

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4. Negotiate for, and enter into agreements with owners of lands contiguous to sovereignty lands for , any public and private use of any of such lands .

5. Take any and all actions convenient for, or neces-sary to, the accomplishment of any and all of the acts and matters authorized by this paragraph.

6. Conduct restoration and enhancement efforts in Biscayne Bay and its tributaries.

7. Stabilize eroding shorelines of Biscayne Bay and its tributaries that are contributing to turbidity by planting natural vegetation to the greatest extent feasible and by the placement of riprap, as determined by Dade County in conjunction with the Department of Environmental Regulation .

S. Request the South Florida Water Management District to enter into a memorandum of understanding with the Department of Natural Resources, the Department of Environmental Regulation, the Biscayne National Park Service, the Metro-Dade County Department of Environmental Resources Management and, at their option, the Corps of Engineers to include enhanced marine productivity in Biscayne Bay as an objective when operating the Central and Southern Florida Flood Control projects consistently with the goals of the water management district , including flood protection , water sup, ply, and environmental protection .

(4) RULES.-(a) The board of trustees shall adopt and enforce

reasonable rules and regulations to carry out the provisions of this section and specifically to provide:

1. Additional preserve management criteria as may be necessary to accommodate special circumstances.

2. Regulation of human activity within the preserve in such a manner as not to interfere unreasonably with lawful and traditional public uses of the preserve, such as fishing (both sport and commercial), boating, and swimming.

(b) Other uses of the preserve, or human activity within the preserve , although not originally contemplated , may be permitted by the board of trustees, but only subsequent to a formal finding of compatibility with the purposes of this section .

(c) Fishing involving the use of seines or nets is prohibited in the preserve. except when the fishing is for shrimp or mullet and such fishing is otherwise permitted by state law or rules promulgated by the Department of Natural Resources.

(5) RIPARIAN RIGHTS.-Neither the establishment nor the management of the Biscayne Bay Aquatic Preserve shall operate to infringe upon the riparian rights of upland property owners adjacent to or within the preserve. Reasonable improvement for ingress and egress, mosquito control , shore protection , public utility expansion , and similar purposes may be permitted by the board of trustees or Department of Environmental Regulation , subject to the provisions of any other applicable laws under the jurisdiction of other agencies.

(6) DISCHARGE OF WASTES PROHIBITED.-No wastes or effluents which substantially inhibit the accomplishment of the purposes of this section shall be discharged into the preserve. In order to ensure that these objectives are met, the following shall be required :

(a) The Department of Environmental Regulation, in cooperation with the South Florida Water Management District and Dade County, shall investigate storm water management practices within the watershed and shall develop a corrective plan for management and treatment of stormwater. The plan shall provide for retrofitting of stormwater outfalls causing the greatest environmental damage to the bay.

(b) The Department of Environmental Regulation, in cooperation with the Department of Natural Resources and Dade County, shall develop a program to regulate the use of pumpout facilities in the Biscayne Bay area and along the Miami River.

(c) The Department of Natural Resources , in cooperation with the Department of Environmental Regulation and Dade County, shall develop a program to eliminate, to the greatest extent possible, the discharge of oil and other pollutants from ships and to remove derelict vessels from the Miami River and the Biscayne Bay area.

(7) ENFORCEMENT.-The provisions of this section may be enforced in accordance with the provisions of s. 403.412. In addition, the Department of Legal Affairs is authorized to bring an action for civil penalties of $5,000 per day against any person, natural or corporate , who violates the provisions of this section or any rule or regulation issued hereunder . Enforcement of applicable state regulations shall be supplemented by the MetroDade County Department of Environmental Resources Management through the creation of a full-time enforcement presence along the Miami River.

(S) SECTIONS 403 .501-403.515 APPLICABLE .The provisions of this section shall be subject to the provisions of ss. 403.501-403.515.

Hlatory.- ss. l. 2.3. 4. 5. 6. 7, 8,ch. 74- 171 ; s. 2, ch. 76-109: s. l ,ch. 77- 174; s. 1, ch. 78-628; s. 12, ch. 79-65; s. 1, ch. 80- 204; s. 59, ch. 86-186; s. 1. ch. 86-295.

'Hota.-Section 26, ch. 75- 22, repealed s. 253.122, relating to the power to l ix bulkhead lines.

Note.-Former s. 258.165.

258.42 Maintenance of preserves.-The Board of Trustees of the Internal Improvement Trust Fund shall maintain such aquatic preserves subject to the following provisions :

(1) No further sale , lease, or transfer of sovereignty submerged lands shall be approved or consummated by the trustees except when such sale, lease, or transfer is in the public interest .

'(2) The trustees shall not approve the waterward relocation or setting of bulkhead lines waterward of the line of mean high water within the preserve except when public road and bridge construction projects have no reasonable alternative and it is shown to be not contrary to the public interest.

(3)(a) No further dredging or filling of submerged lands shall be approved by the trustees except the following activities may be authorized pursuant to a permit:

1. Such minimum dredging and spoiling as may be authorized for public navigation projects.

2. Such minimum dredging and spoiling as may be authorized for the creat ion and maintenance of marinas, piers , and docks and their attendant navigation channels .

3. Such other alteration of physical conditions as may, in the opinion of the trustees , be necessary to en-

475


hance the quality or utility of the preserve or the public health generally.

4. Such other maintenance dredging as may be re-quired for existing navigation channels.

5. Such restoration of land as authorized by s. 253.124(8).

6. Such reasonable improvements as may be nec-essary for public utility installation or expansion.

7. Installation and maintenance of oil and gas trans-portation facilities, provided such facilities are properly marked with marine aids to navigation as prescribed by federal law.

(b) There shall, in no case, be any dredging seaward of a bulkhead line for the sole or primary purpose of providing fill for any area landward of a bulkhead line.

(c) There shall be no drilling of gas or oil wells. However, this will not prohibit the state from leasing the oil and gas rights and permitting drilling from outside the preserve to explore for oil and gas if approved by the board.

(d) There shall be no excavation of minerals, except the dredging of dead oyster shells as approved by the Department of Natural Resources.

(e) There shall be no erection of structures within the preserve, except:

1. Private docks, including multislip docks that are nonrevenue generating or nonincome producing and are located within 1,000 feet of the maintained channel of the Atlantic Intracoastal Waterway, for reasonable ingress or egress of riparian owners.

2. Commercial docking facilities shown to be consistent with the use or management criteria of the preserve.

3. Structures for shore protection, approved navi-gational aids, or public utility crossings authorized under subsection (3)(a).

No structure under this paragraph or chapter 253 shall be prohibited solely because the local government fails to adopt a marina plan or other policies dealing with the siting of such structures in its local comprehensive plan.

(f) No wastes or effluents shall be discharged into the preserve which substantially inhibit the accomplishment of the purposes of this act.

(g) No non permitted wastes or effluents shall be directly discharged into the preserve which substantially inhibit the accomplishment of the purposes of this act.

Hlatory.-ss. 1, 2,4, ch. 75-172; s. 1, ch. 77-174; ss. 7, 73. ch. 86-186. 'Nole_-See s. 26, ch. 75-22. which repealed s. 253.122, relating to the power to

fix bulkhead lines. and s. 7(3), ch. 75-22 (s. 253.1221). which reestablished all previously established bulkhead lines at the line of mean high water or ordinary high water.

PART IV

WILD AND SCENIC RIVERS

258.501 Myakka River; wild and scenic segment.

258.501 Myakka Riverj wild and scenic segment.(1) SHORT TITLE.-This act may be cited as the

"Myakka River Wild and Scenic Designation and Preservation Act."

(2) LEGISLATIVE DECLARATION.-The Legislature finds and declares that a certain segment of the Myakka

River in Manatee, Sarasota, and Charlotte Counties possesses outstandingly remarkable ecological, fish and wildlife, and recreational values which are unique in the State of Florida. These values give significance to the river as one which should be permanently preserved and enhanced for the citizens of the State of Florida, both present and future. The permanent management and administration of the river involves a complex interaction of state, regional, and local interests which require balancing and coordination of purpose. it is the intention of the Legislature to provide for the permanent preservation of the designated segment of the Myakka River by way of development of a plan for permanent administration by agencies of state and local government which will ensure the protection necessary but retain that degree of flexibility, responsiveness, and expertise which will accommodate all of the diverse interests involved in a manner best calculated to be in the public interest.

(3) DEFINITIONS.-As used in this act: (a) "Activity" means the doing of any act or the failing

to do any act, whether by a natural person or a corporation.

(b) "Coordinating council" means the council created by SUbsection (6).

(c) "Department" means the Department of Natural Resources.

(d) "Division" means the Division of Recreation and Parks of the Department of Natural Resources.

(e) "Executive board" means the Governor and Cabinet sitting as the head of the Department of Natural Resources.

(f) "Resource value" means anyone or more of the specific economic, scenic, recreational, geologic, fish and wildlife, historic, cultural , or ecological features associated with the river area as determined by the coordinating council.

(g) "River area" means that corridor of land beneath and surrounding the Myakka River from river mile 7.5 to river mile 41.5, together with a corridor extending from the center of the river to the maximum upland extent of wetlands vegetation.

(4) DESIGNATION OF WILD AND SCENIC RIVER.The corridor of land surrounding and beneath the Myakka River between river mile 7.5 and river mile 41.5 is hereby designated as a Florida wild and scenic river for the purposes of this act and is subject to all of the provisions of this act. Such deSignated portion is more particularly described as that portion of the Myakka River located between State Road 780 in Sarasota County and the Sarasota-Charlotte County line.

(5) DEVELOPMENT OF MANAGEMENT PLAN.(a) The department and the coordinating council

shall jointly develop a proposed management plan for the designated segment of the Myakka River, subject to and consistent with the proviSions of this act.

(b) The development of the proposed management plan shall be by public hearing and shall include participation by all appropriate state agencies and by all appropriate or interested local governments and private organizations .

(c) The proposed management plan shall include provision for :

476


1. Permanent protection and enhancement of the ecological, fish and wildlife, and recreational values within the river area, primary emphasis being given to protecting agricultural, aesthetic, scenic, historic, archaeologic, and scientific features.

2. Continuation of land uses and developments on private lands within the river area which are in existence on January 1, 1986.

3. Periodic studies to determine the quantity and mixture of recreation and other public uses which can be permitted without adverse impact on the resource values of the river area.

4. Regulation, control, and distribution of public ac-cess where necessary to protect and enhance the resource values of the river area.

5. Consideration of need for basic facilities to ab-sorb user impact on the river area, including necessary toilet or refuse containers, but, if found to be necessary, located in order to minimize their intrusive impact.

6. Restriction of motorized travel by land vehicle or boat where necessary to protect the resource values in the river area.

7. Agricultural and forestry practices similar in na-ture to those presently in the river area on January 1, 1986.

8. Resource management practices for the protec-tion, conservation, rehabilitation, or enhancement of river area resource values.

9. Monitoring of existing water quality. 10. Continuance of existing drainage and water man

agement practices, unless such existing practices will adversely affect, degrade or diminish existing water quality or existing resource values in the river area, and allowance of new water resource management practices which will not have an adverse impact on resource values in the river area.

11. Review and regulation of all activities conducted or proposed to be conducted within the river area which will or may have an adverse impact on any of the resource values in the river area as provided in this act.

(d) To the extent not inconsistent with this act, the proposed management plan may also include any other provisions deemed by the department to be necessary or advisable for the permanent protection of the river as a component of the Florida Wild and Scenic Rivers System.

(6) MANAGEMENT COORDINATING COUNCIL.(a) Upon designation, the department shall create a

permanent council to provide interagency and intergovernmental coordination in the management of the river . The coordinating council shall be composed of one representative appointed from each of the following: the Department of Environmental Regulation, the Department of Transportation, the Game and Fresh Water Fish Commission, the Department of Community Affairs, the Division of Forestry of the Department of Agriculture and Consumer Services, the Division of Historical Resources of the Department of State, the Tampa Bay Regional Planning Council, the Southwest Florida Water Management District, the Southwest Florida Regional Planning Council, Manatee County, Sarasota County, Charlotte County, the City of Sarasota, the City of North Port, agri-

cultural interests, environmental organizations, and any others deemed advisable by the department.

(b) The coordinating council shall review and make recommendations on all proposals for amendments or modifications to this act and to the permanent management plan, as well as on other matters which may be brought before the council by the department, any local government, or any member of the council, and shall render its nonbinding advisory opinion to the Southwest Florida Water Management District, the department, and affected local governments.

(c) The council may adopt bylaws to provide for election of such officers as it deems necessary, removal of officers for just cause, meetings, quorum, procedures, and other such mailers as its members may deem advisable in the conduct of its business. Such bylaws shall be approved by the department.

(d) Such profeSSional staff as the coordinating council may require shall be provided by the department.

(7) PRESERVATION OF EXISTING GOVERNMENTAL AUTHORITY.-Nothing contained in this act shall operate to divest any agency, water management district, municipality, county, or special district of any authority or jurisdiction in existence on January 1, 1986.

(8) RULEMAKING AUTHORITY.-(a) The department is authorized to adopt rules to

regulate activities within the river area which have adverse impact on resource values as adopted by the coordinating council within the river area, subject to ratification by the executive board.

(b) The department shall coordinate all activities related to rule adoption and enforcement with the regulatory and management programs of other agencies in order to avoid to the maximum extent possible any conflicts or duplication ariSing therefrom.

(9) PERMITTING AUTHORITY.-(a) No person or entity shall conduct any activity

within the river area which will or may have an adverse impact on any resource value in the river area without first having received a permit from the department.

(b) A permit may be granted only after a finding by the department that the activity for which a permit has been requested will not have an adverse impact on resource values in the river area.

(c) The department may adopt an application fee schedule providing for payment of reasonable fees to defray the cost of processing applications.

(10) PERMITTED ACTIVITIES.-Nothing in this act shall be construed to prohibit or regulate any activity taking place outside the river area for which necessary permits and licenses are obtained as required by other provisions of federal, state, or local law.

(11) PROHIBITED ACTIVITY.-Airboats are prohibited from operating in the river area north of U.S. Highway 41 (State Road 45).

(12) ENFORCEMENT.-Officers of the department shall have full authority to enforce any rule adopted by the department under this act with the same police powers given them by law to enforce the rules of state parks and the rules pertaining to saltwater areas under the jurisdiction of the Florida Marine Patrol.

(13) PENALTIES.-Violation of this act or of any rule adopted under this act constitutes a misdemeanor of

477


the second degree, punishable as provided in s. 775.082 or s. 775.083. Continuing violation after notice constitutes a separate violation for each day so continued.

HI.tory.-ss. I. 2. 3. 4. 5. 6. 7.8. 9. 10, II. 12, 13. ch. 85--363; s 30, ch. 86-163.

CHAPTER 259

LAND ACQUISITIONS FOR CONSERVATION OR RECREATION

259.035 Selection committee; powers and duties.

t259_035 Selection committee; powers and duties. (1) There is created a selection committee to be

composed of the secretary of the Department of Environmental Regulation, the executive director of the Department of Natural Resources, the director of the Division of Forestry of the Department of Agriculture and Consumer Services, the executive director of the Game and Fresh Water Fish Commission, the director of the Division of Historical Resources of the Department of State, and the secretary of the Department of Community Affairs, or their respective designees. The chairmanship of the committee shall rotate annually in the foregoing order. The committee shall hold periodic meetings at the request of the chairman. The Division of State Lands shall provide primary staff support to the committee and shall ensure that committee meetings are electronically recorded. Such recordings shall be preserved pursuant to chapters 119 and 257.

(2)(a) The committee shall, by the time of the first board meeting in July of each year, establish or update a list of acquisition projects selected for purchase pursuant to this chapter or s. 253.023 and, by the time of the first board meeting in January of each year, establish or update a list of acquisition projects valued in excess of $250,000 for purchase pursuant to chapter 375. The lists shall be mutually exclusive. Acquisition projects shall be ranked in order of priority individually or in groups not to exceed 10 in number. Each project on an acquisition list shall include the best estimate of land value available to the department, a boundary map and description, preacquisition planning and budgeting, a preliminary statement of the extent and nature of public use, and designation of a management agency or agencies. The Division of State Lands shall prepare the information required by this section for each acquisition project selected for purchase pursuant to this chapter or s. 253.023. The Division of Recreation and Parks shall prepare the information required by this section for each acquisition project to be purchased pursuant to chapter 375.

(b) An affirmative vote of four members of the committee shall be required in order to place a proposed project on a list. Each list shall contain at least twice the number of projects in terms of estimated cost as there are antiCipated funds for purchase. The antiCipated cost of each project shall include proposed costs for development of the lands necessary to meet the public purpose for which such lands are to be purchased.

(c) All proposals for acquisition projects pursuant to this chapter, chapter 375, or s. 253.023 shall originate from the committee. The committee shall consider and

evaluate in writing the merits and demerits of each proposed project submitted for acquisition and shall ensure that each proposed acquisition project will meet a stated public purpose for the preservation of environmentally endangered lands, for the development of outdoor recreation lands, or as provided in s. 253.023(3)(b) and shall determine whether each acquisition project conforms with the comprehensive plan developed pursuant to s. 259.04( 1 )(a), the comprehensive outdoor recreation and conservation plan developed pursuant to s. 375.021, and the state lands management plan adopted pursuant to s. 253.03(7). Copies of a written report on each project evaluated or considered for acquisition shall be submitted to the board of trustees. The committee shall consider and include in each report its assessment of a project's ecological value, vulnerability, endangerment, ownership pattern, utilization, location , and cost and other pertinent factors in determining whether to recommend for or against a purchase.

HI.tory.-s. 14, ch. 79-255 ; s. 3, ch. 81-210; s. 1. ch. 82-46; s. 4. ch. 82-152; s. 24. ch. 83-55; s. 3. ch . 63-114; s. 2. ch. 63-265; s. 31, ch. 86-163.

'Note.-Repealed eHective October I . 1989. by s. 1. ch. 82-46, as amended by s. 2. ch. 83-265, and scheduled for review pursuant 10 s. , 1.611 in advance of that dale.

CHAPTER 265

MEMORIALS, MUSEUMS, AND FINE ARTS

265.135 265.136 265.137 265.138 265.2865 265.604 265.605

265.606

"Folklife"; definition. Florida Folklife Council. Florida Folklife Program. Florida Folklife Trust Fund. Florida Artists Hall of Fame. Fine arts regions. Fine Arts Endowment Trust Fund; creation;

administration; rulemaking, allocation. Fine Arts Endowment Program; administra

tion; qualifying criteria; matching fund program levels; distribution.

265.135 "Folklife"; definition.-[Amended and transferred to s. 267.021(6) by s. 43, ch. 86-163.]

265.136 Florida Folklife Council.-[Amended and transferred to s. 267.161 by s. 32, ch. 86-163.]

265.137 Florida Folklife Program.-[Amended and transferred to s. 267.16 by s. 33, ch. 86-163.]

265.138 Florida Folklife Trust Fund.-[Amended and transferred to s. 267.162 by s. 34. ch. 86-163.]

265.2865 Florida Artists Hall of Fame.-(1) It is the intent of the Legislature to recognize and

honor those persons, living or dead, who have made significant contributions to the arts in this state, either as performing artists, as practiCing artists in individual disciplines, or as benefactors of the arts.

(2)(a) There is hereby created the Florida Artists Hall of Fame. The Florida Arts Council shall identify an appropriate location in the public area of a building in the Capitol Center that is under the jurisdiction of the Division of Facilities Management of the Department of General

478


Services, which location shall be set aside by the Division of Facilities Management and designated as the Florida Artists Hall of Fame.

(b) Each person who is selected as a member shall have a plaque placed in the Florida Artists Hall of Fame, which plaque shall designate the member's particular discipline or contribution and shall set forth vital information relating to the member . Each member, or the person designated by the Secretary of State in the case of a posthumous selection, shall also receive a standardized memento of 'the member's selection.

(3) The Florida Arts Council shall accept nominations annually for persons to be recommended as members of the Florida Artists Hall of Fame. The council shall recommend to the Secretary of State persons to be named as members of the Florida Artists Hall of Fame. The council shall recommend as members of the Florida Artists Hall of Fame persons who were born in Florida or adopted Florida as their home state and base of operation and who have made a significant contribution to the enhancement of the arts in this state.

(4) In the first year, the Secretary of State shall name no more than 12 members to the Florida Artists Hall of Fame. Thereafter, the Secretary of State shall name no more than four members to the Florida Art ists Hall of Fame in any 1 year .

(5) The Division of Cultural Affairs of the Department of State shall adopt rules necessary to carry out the purposes of this section, including , but not limited to, procedures for accepting nominations to, making recommendations for , and selecting members of the Florida Artists Hall of Fame.

(6) The Secretary of State shall annually request an appropriation sufficient to carry out the purposes of this section .

Hlatory.- s. 1, ch. 86-169. 1 Note.-The words · the member's- were substituted tor -his or her" by the editors.

265.604 Fine arts regions.-Five fine arts regions are hereby designated:

(1) The north Florida region, consisting of Alachua, Baker, Bay, Bradford, Calhoun , Citrus, Clay, Columbia, Dixie, Duval , Escambia, Franklin , Gadsden, Gilchrist , Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Putnam, Santa Rosa, St. Johns, Suwannee, Taylor, Union, Wakulla, Walton, and Washington Counties.

(2) The east central region , consisting of Brevard , Flagler, Indian River, Lake, Marion, Orange, Osceola, Polk, Seminole, Sumter, and Volusia Counties.

(3) The west central region , consisting of Hernando, Hillsborough, Manatee, Pasco, Pinellas, and Sarasota Counties.

(4) The mid-south region , consisting of Broward, Charlotte, DeSoto, Glades, Hardee, Hendry, Highlands, Martin, Okeechobee, Palm Beach , and St. Lucie Counties ,

(5) The south region , conSisting of Collier, Dade, Lee, and Monroe Counties.

HI8tory.- S. 5 , ch. 85-152; s. 3, ch. 86-169.

265.605 Fine Arts Endowment Trust Fund; creation; administration; rulemaking, allocation.-

(1 )(a) There is hereby created within the department the Fine Arts Endowment Trust Fund , which shall con· sist of moneys appropriated by the Legislature, moneys specifically contributed from other public or private sources, and interest earned from the investment of moneys in this fund .

(b) Interest earned from the investment of moneys in the trust fund shall be distributed on a prorated basis to each fine arts region as follOWS:

1. Each $240,000 state matching endowment allo-cation remaining undistributed in a region shall be one part.

2. Investment earnings shall be divided into as many equal shares as there are parts remaining undistributed among all five regions .

3. Each region shall receive a distribution of invest-ment earnings shares equal to the total number of parts remaining undistributed in such region .

(2)(a) The fund shall be administered by the department. However, only the secretary is empowered to authorize the transfer of moneys in the trust fund to sponsoring organizations which have qualified for receipt of state matching funds pursuant to s. 265.606.

(b) The department shall promulgate any rules necessary to implement the provisions of this act.

(c) The names, addresses, and amounts contributed by donors to the trust fund , or to the local organization 's matching fund , are exempt, at the request of the donor, from the provisions of chapter 119.

(3) Moneys from every source deposited in the trust fund shall be divided into five equal parts, with one equal part being allocated for distribution within each of the five fine arts regions created pursuant to s. 265.604.

Hlatory.-s. 4, ch. 85-152; s. 6, ch. 86-169.

265.606 Fine Arts Endowment Program; administration; qualifying criteria; matching fund program levels; distribution.-

(1) As long as sufficient unencumbered moneys exist in the Fine Arts Endowment Trust Fund, any sponsoring organization shall be eligible to apply for the award of one matching fund endowment from available funds allocated to the region in which such organization is located . To be eligible for receipt of state matching funds, the local sponsoring organization shall meet all of the following criteria :

(a) Establish a fine arts endowment program fund, which it shall administer and invest.

(b) Deposit into such program fund account the required matching funds which have been collected from new public and private donations and gifts having a total annual value or income-generating capability of at least $360,000. Income from gifts of real property or tangible personal property which will not be converted to cash shall be earmarked for the program fund by appropriate legal instruments.

(c) Be designated a fine arts sponsoring organization by the department, if recommended by the Florida Arts Council to the Secretary of State pursuant to the procedures contained in s. 265.285.

(2) Contributions to the sponsoring organization for which state matching funds may be received shall include cash , negotiable securities, or gifts of similar li-

479


quidity; any irrevocable instrument in the estate of a donor or any irrevocable trust agreement; or any real property or tangible personal property. Real or tangible personal property shall be valued at its current assessed value or replacement cost. However, gifts of real or tangible personal property shall be converted to cash or negotiable securities prior to release of state matching funds if such property does not generate sufficient annual income for endowment purposes .

(3) Each endowment in this program shall have a total value of $600,000 of which $360,000 shall be raised by the sponsoring organization with the remaining $240,000 in matching funds being contributed by the state from the Fine Arts Endowment Trust Fund.

(4) Once the secretary has determined that the sponsoring organization has complied with the criteria imposed by this section, he may authorize the transfer of the appropriate state matching funds from the Fine Arts Endowment Trust Fund to the organization's fine arts endowment program fund. However, the secretary shall ensure that the local group has made prudent arrangements for the trusteeship of the entire $600,000 endowment, and such trusteeship is hereby created. The sponsoring organization may then expend moneys in its endowment program fund, subject to the following requirements:

(a) The organization may only expend funds for operating costs incurred while engaged in programs directly related to fine arts activities.

(b) The organization shall annually submit a report to the division, in such form as the division specifies, explaining how endowment program funds were utilized.

(c) The organization shall not allow the balance in its endowment program fund to fall below $600,000 as of January 1 of any calendar year.

(5) The $240,000 state matching fund endowment shall revert to the Fine Arts Endowment Trust Fund if any of the following events occurs:

(a) The recipient sponsoring organization ceases operations.

(b) The reCipient sponsoring organization files for protection under federal bankruptcy provisions.

(c) The recipient sponsoring organization willfully expends a portion of the $600,000 endowment principal.

(6)(a) Preservation of the $600,000 capital value of the endowment shall be the primary investment constraint lupon the trustee.

(b) The investment objectives of the trustee are to preserve the principal amount of the endowment while maximizing current income through the use of fixed income instruments. The endowment funds shall be invested in United States Government obligations or obligations with a United States Government guarantee. The cost-weighted average maturity of the portfolio shall not exceed 6 years. No specific obligation shall have a maturity in excess of 10 years. The minimum net cost value of the $600,000 local fine arts endowment program fund shall be maintained at all times.

Hislory.-s . 6. ch . 85-152: s. 4. ch. 86-169. tNole.-The word 'upon' was substituted for 'of by the editors .

CHAPTER 266

HISTORIC PRESERVATION BOARDS

PART II HISTORIC PENSACOLA PRESERVATION BOARD OF TRUSTEES

PART III HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES

PART IV HISTORIC FLORIDA KEYS PRESERVATION BOARD OF TRUSTEES

PART V HISTORIC PALM BEACH COUNTY PRESERVATION BOARD OF TRUSTEES

PART VI HISTORIC TAMPAHILLSBOROUGH COUNTY PRESERVATION

BOARD OF TRUSTEES; YBOR CITY HISTORIC DISTRICT BARRIO LATINO

COMMISSION

PART VII HISTORIC BROWARD COUNTY AND HISTORIC VOLUSIA COUNTY

AND FLAGLER COUNTY PRESERVATION BOARDS OF TRUSTEES

PART II

HISTORIC PENSACOLA PRESERVATION BOARD OF TRUSTEES

266.106 Powers of the board. 266.107 Powers of governing body of City of Pensaco

la; architectural review board. 266.109 Direct-support organizations; use of proper·

ty; audit; status.

'266,106 Powers of the board.-The board shall be the governing body and have the power:

(1) To adopt a seal and alter it at pleasure. (2) To contract and be contracted with, to sue and

be sued, and to plead and be impleaded in all courts of law and equity.

(3) To exercise any power not in conflict with the Constitution of the state or of the United States which is usually possessed by private corporations or public agencies performing comparable functions.

(4) To establish an office at or near the City of Pensacola for the condL'ct of its affairs.

(5) To acquire, hold, lease, and dispose of real and personal property or any interest therein for its authorized purpose.

(6) To plan buildings and improvements; to demolish existing structures; and to construct, reconstruct, alter, repair, and improve the facilities wherever located.

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the

480


same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same. or any part thereof. in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery association or is presently used as a historical attraction.

(8) To employ and dismiss at pleasure consulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and to fix their compensation.

(9) To draft a historical plan of development for the City of Pensacola and the surrounding area; and the board shall have the authority to recommend to the governing body of the City of Pensacola the creation of a historical district or districts which shall include any section or sections of the city containing buildings, landmarks, sites, or facilities of historical value and havi!'lg an overall atmosphere of architectural or historical distinction, or both. Such facilities having historical value shall be designated by the board based on criteria of historical evaluation established by the National Trust for Historic Preservation or any other recognized professional historical group.

(10) To acqUire from the City of Pensacola, Escambia County, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired, suitable for the uses of the board and to improve, operate, and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(11) To enter into contracts with the City of Pensacola or Escambia County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient; and such municipality and county are authorized to enter into such contracts.

(12) To contract with any agency of the state, the Federal Government, the City of Pensacola, the County of Escambia, or any firm or corporation, upon such terms and conditions as the board finds in its best interest, with respect to the establishment, construction, operation, and financing of the facilities of the board in or near the City of Pensacola, Escambia County.

(13) To make and enter into all contracts or agreements with private individuals, corporations, organizations, historical societies, and others with reference to facilities and to enter into contracts and agreements, with or without competitive bidding as the board determines, which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this part.

(14) To engage in any lawful business or activity deemed by it necessary or useful in the full exercise of

481

its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including:

(a) The renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created .

(b) The selling of craft products created through the operation and demonstration of historical museums, craftshops. and other facilities.

(c) The limited selling of merchandise relating to the historical and antiquarian period of Pensacola, Florida, and surrounding territory .

(15) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the visiting public.

(16) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board. and to issue negotiable revenue certificates payable solely from revenue for the operation of such facilities and from authorized activities incidental thereto.

(17) To cooperate and coordinate all of its activities on a permissive basis through any statewide commission, including the Division of Historical Resources of the Department of State, and to participate in any overall statewide plan of historical development.

(18) To cooperate and coordinate its activities with any national project of historical development, such as a national seashore, and to coordinate and cooperate with any other agency, state, local, or national, undertaking historical objectives if the same are not in conflict with the objectives of the board.

(19) To research, prepare, publish, and procure books. reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings, and other products of a similar nature in fulfillment of its purpose and function for use by the board or for use by or distribution to any person or entity, public or private, with or without charge or profit.

(20) To perform all lawful acts necessary and convenient and incident to the effectuating of its function and purpose.

Hlslory.-5. 6. ch . 67-303; 55 . 10. 35. ch. 69-106; 5. 6. ch. 70-156; s. 1. ch. 70-335; s. 1. ch. 70-439; s. 4, ch. 78-323; ss. 1, 2, ch. 81-200; ss. 1.4. ch. 82-46; s. 2, ch. 83-265; s. 4. ch . 84-46; s. 35, ch . 86-163.

'Nole.-Repealed eHective October 1, 1990. by s. 1, ch. 82-46. as amended by s. 2. ch . 83-265. and scheduled fO( review pursuant to s. 11 .611 in advance of that date.

266.107 Powers of governing body of City of Pensacola; architectural review board.-

(1) GOVERNING BODY.-The governing body of the City of Pensacola is authorized :

(a) To establish historical districts . (b) To name an architectural review board. (c) To prescribe the procedure for the review of

building plans (or for the destruction of a building) of any building which is to be erected, renovated or razed, which is located or to be located within the designated historical district or districts, including rules and govern-


ing decisions of the architectural review board, and the procedure of appeal from decisions of the board.

(d) To adopt such other regulations as are necessary to effect the purposes of s. 266.106(9).

(e) To utilize its employees in the enforcement and regulation of the provisions of s. 266.106(9).

(2) ARCHITECTURAL REVIEW BOARD; MEMBERSHIP; TERMS; POWERS; EXPENDITURES.-

(a)1 . Membership.-The architectural review board shall be composed of the following members:

a. Two members from the Historic Pensacola Pres-ervation Board of Trustees;

b. A property owner residing in the City of Pensacola to be appointed by the city council;

c. The chairman of the Pensacola Planning Board; d. One member at large who shall be a resident of

Escambia County; and e. Two members who are members of the American

Institute of Architects and whose principal place of business or residence is in Escambia County.

2. Advisor,-The city planner shall be an advisor to the architectural review board.

(b) Terms.-Members shall be appointed for a term of 2 years except in the case of an appointment to fill a vacancy in which event the appointment shall be for the unexpired term only.

(c) Powers.-The architectural review board shall have authority:

1. To approve or disapprove plans for buildings to be erected, renovated or razed which are located, or are to be located, within the historical district or districts and to regulate reasonably land use to the extent necessary to preserve the historical integrity and ancient appearance within any and all historical districts established by the governing body of the City of Pensacola, including but not limited to authority to deny or grant variances from the zoning ordinances of the City of Pensacola applicable to historical districts. The designation and preservation of buildings and structures within any historical district or districts established under s. 266.106(9) and the control of the erection , alteration, addition, repair, removal or demolition of new or existing buildings or structures, signs and any such facilities or appurtenances thereto to insure perpetuation of its or their historical character is hereby designated to be a public purpose but no regulation shall be adopted which is in conflict with any zoning ordinance of the City of Pensacola, applicable to such area.

2. To adopt rules for the transaction of its business, the holding of meetings and such other activities as are incident to its function.

(d) Expenditures.-The expenditures of the architectural review board shall be within the amounts appropriated for its purpose by the city through its governing body.

HI.lory.-s. 6, ch. 67-303: s 1, ch . 69-229; s. 7, ch. 70-156; s. 2, ch . 86-32.

266.109 Direct-support organizationsj use of propertYj auditj status.-

(1) DEFINITIONS.-As used in this section, the term : (a) "Direct-support organization" means an organi

zation which:

1. Is a corporation not for profit incorporated under the provisions of chapter 617 and approved by the Department of State;

2. Is organized and operated exclusively to raise funds; submit requests for and receive grants from the Federal Government, the state, private foundations, and individuals; receive, hold, invest, and administer property; and make expenditures to or for the benefit of the Historic Pensacola Preservation Board of Trustees;

3. Has been determined by the board to be operat-ing in a manner consistent with the goals of the board and in the best interests of the state. Such determination shall be made once a year and reported in the official minutes of a meeting of the board; and

4. Has been approved by the board for operation on the property of, or for the benefit of, the board. Such approval shall be reported in the official minutes of a meeting of the board .

(b) "Personnel services" includes full-time or parttime personnel as well as payroll processing .

(2) USE OF PROPERTY.-The Historic Pensacola Preservation Board of Trustees:

(a) May allow a direct-support organization to use the property, facilities, and personnel services of the board, subject to the provisions of this section.

(b) May prescribe, by rule, any conditions with which a direct-support organization must comply in order to use property, facilities, or personnel services of the board.

(c) May not allow any direct-support organization which does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin to use the property, facilities , or personnel services of the board.

(3) ANNUAL AUDIT.-Each direct-support organization shall cause an annual postaudit of its financial accounts to be conducted by an independent, certified public accountant in accordance with rules to be adopted by the board. The annual audit report shall be submitted to the Auditor General and to the board for review. The Auditor General and the board may each require and receive from the direct-support organization, or from its independent certified public accountant, any detail or supplemental data relative to the operation of the direct-support organization. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report . The records of the direct-support organization other than the accountant's report and supplemental data requested by the Auditor General or the board are not public records for the purposes of chapter 119.

Hlalory.-s . 1, ch. 86-32.

PART III

HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES

266.110 Historic Tallahassee Preservation Board of Trustees; purpose.

266.115 Powers of the board.

'266.110 Historic Tallahassee Preservation Board . of Trusteesj purpose.-There is created within the De-

482


partment of State the Historic Tallahassee Preservation Board of Trustees, a body corporate, the purpose and function of which is:

(1) To acquire, restore, preserve, maintain, reconstruct, reproduce, and operate for the use, benefit, education, recreation, enjoyment, and general welfare of the people of this state and nation certain ancient or historic landmarks, sites, cemeteries, graves, military works, monuments, locations, remains, buildings, and other objects of historical or antiquarian interest of the City of Tallahassee, Florida, and surrounding areas. The selection for acquisition, restoration, preservation, maintenance, reconstruction, reproduction, and operation shall be made by the board based on criteria of historical evaluation as established by the Division of Historical Resources of the Department of State.

(2) To research, prepare, publish, and procure for the use and benefit of the general public books, reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings, and other products of similar nature in furtherance of the protection and preservation of and the dissemination of information about historic sites and properties, as well as persons, places, events, conditions, objects, patterns, behaviors, records, and times pertaining to Florida history, which products may be used by the board or may be made available for use by or distributed by the board to any person or entity, public or private, with or without charge or profit. The preparation, publication, sale, or distribution of any book or other product covered by this subsection by the board prior to May 28, 1984, is hereby ratified, and the board may use or dispose of any such book or product pursuant to this subsection.

HI.tory.-s. 2, ch . 70-335; s. 4, ch. 78-323; SS. 1, 2, ch. 81-200; SS. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 5, ch. 84-46; s. 36, ch. 86-163.

, Note.-Repealed effective October 1, 1990, by s. 1, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date. cf.-s. 266.410 Board subject to direct control of Secretary of State.

1266.115 Powers of the board.-The board shall be the governing body and have the power:




(4) To establish an office at or near the City of Tallahassee for the conduct of its affairs.


(6) To plan buildings and improvements; to demolish existing structures; and to construct, reconstruct, alter, repair, and improve its facilities wherever located.

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises

necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery association or is presently used as a historical attraction.

(8) To employ and dismiss at pleasure consulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and to fix their compensation.

(9) To draft a historical plan of development for the City of Tallahassee and the surrounding area; and the board shall have the authority to recommend to the governing bodies of the County of Leon and the City of Tallahassee the creation of a historical district or districts which shall include any section or sections of the county containing buildings, landmarks, sites, and facilities of historical or architectural value and having an overall atmosphere of architectural or historical distinction. Such facilities having historical or architectural value shall be designated by the board on the basis of criteria of historical evaluation established by the Division of Historical Resources of the Department of State.

(10) To acquire from the City of Tallahassee, Leon County, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired, suitable for the uses of the board and to improve, operate, and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(11) To enter into contracts with the City of Tallahassee or Leon County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient; and such municipality and county are authorized to enter into such contracts.

(12) To contract with any agency of the state, the Federal Government, the City of Tallahassee, the County of Leon, or any firm or corporation, upon such terms and conditions as the board finds in its best interest, with respect to the establishment, construction, operation, and financing of the facilities of the board in or near the City of Tallahassee.

(13) To make and enter into contracts or agreements with private individuals, corporations, organizations, historical societies, and others with reference to facilities and to enter into contracts and agreements, with or without competitive bidding as the board determines, which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this part.

(14) To engage in any lawful business or activity deemed by it necessary or useful in the full exercise of

483

.::.cs.c..=2=6.::..:6.-'-11;..:::5 ______ -.:..::19=8-=--6 SUPPLEMENT TO FLORIDA STATUTES 1985 s.266.206

its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created.

(15) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the visiting public.

(16) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board, and to issue negotiable revenue certificates payable solely from revenue for the operation of such facilities and from authorized activities incidental thereto.

(17) To cooperate and coordinate all of its activities on a permissive basis through any statewide commission, including the Division of Historical Resources, and to participate in any overall statewide plan of historical development.


(19) To research, prepare, publish, and procure books, reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings, and other products of a similar nature in fulfillment of its purpose and function for use by the board or for use by or distribution to any person or entity, public or private, with or without charge or profit.

(20) To perform all lawful acts necessary and convenient and incident to the effectuating of its function and purpose.

Hislory.-s. 7, ch . 70-335; s. 4, ch. 78-J23; ss. 1.2, ch. 81-200; ss. 1.4, ch. 82--46; s. 2. ch. 83-265; s. 6. ch. 84--46; s. 37. ch. 86-163.

'Nole.-Repealed eHective October 1. 1990. by s. 1. ch. 82-46. as amended by s. 2, ch. 83-265. and scheduled for review pursuant to s. 11 .611 in advance of that date.

PART IV

HISTORIC FLORIDA KEYS PRESERVATION BOARD OF TRUSTEES

266.206 Powers of the board.





(4) To establish an office at or near the City of Key West for the conduct of its affairs.


(6) To plan buildings and improvements; to demolish existing structures; and to construct, reconstruct, al· ter, repair, and improve the facilities wherever located .

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery association or is presently used as a historical attraction.

(8) To employ and dismiss at pleasure consulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and fix their compensation.

(9) To draft a historical plan of development for the City of Key West and the surrounding area; and the board shall have the authority to recommend to the governing body of the City of Key West the creation of a historical district or districts which shall include any section or sections of Monroe County containing buildings, landmarks , sites, or facilities of historical or architectural value and having an overall atmosphere of architectural or historical distinction, or both. Such facilities having historical or architectural value shall be designated by the board based on the criteria of historical evaluation established by the Division of Historical Resources of the Department of State.

(10) To acquire from the City of Key West or Monroe County, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired, suitable for the uses of the board and to improve, operate, and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(11) To enter into contracts with the City of Key West or Monroe County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient; and such municipality and county are authorized to enter into such contracts.

(12) To contract with any agency of the state, the Federal Government, the City of Key West, the County of Monroe, or any firm or corporation, upon such terms and conditions as the board finds in its best interest,

484


with respect to the establishment, construction, operation, and financing of the facilities of the board in or near the City of Key West, Monroe County,


(14) To engage in any lawful business or activity deemed by it necessary or useful in the full exercise of its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created,

(15) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the visiting public,

(16) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board, and to issue negotiable revenue certificates payable solely from revenue from the operation of such facilities and from authorized activities incidental thereto,

(17) To cooperate and coordinate all of its activities on a permissive basis through any statewide board, including the Division of Historical Resources of the Department of State, and to participate in any overall statewide plan of historical development.

(18) To cooperate and coordinate its activities with any national project of historical development, such as a national seashore, and to coordinate and cooperate with any other agency, state, local, or national, undertaking historical objectives if the same are not in conflict with the objectives of the board,


(20) To perform all lawful acts necessary, convenient, and incident to the effectuating of its function and purpose,

History.-s, 1, ch, 72-259: s, 87, ch, 73-333; s. 4, ch , 78-323: ss, 1,2, ch, 81-200; ss. 1,4, ch, 82-46: s, 2. ch. 83-265; s, 8, ch, 84-46; s, 38, ch, 86-183.

'Note_-Repealed eHective October t. 1990, by s. 1. ch . 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11 ,611 in advance of that date.

PART V

HISTORIC PALM BEACH COUNTY PRESERVATION BOARD OF TRUSTEES

266,306 Powers of the board_


(1) To adopt a seal and alter it at pleasure, (2) To contract and be contracted with, to sue and

be sued, and to plead and be impleaded in all courts of law and equity,

(3) To exercise any power not in conflict with the Constitution of the state or of the United States which is usually possessed by private corporations or public agencies performing comparable functions,

(4) To establish an office at or near the City of Boca Raton for the conduct of its affairs,

(5) To acquire, hold, lease, and dispose of real and personal property or any interest therein for its authorized purpose,

(6) To plan buildings and improvements; to demolish existing structures; and to construct, reconstruct, alter, repair, and improve its facilities wherever located,

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created, No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or cemetery association, is presently used as a historical attraction, or is owned and used by a public utility,

(8) To employ, and dismiss at pleasure, consulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and to fix their compensation,

(9) To draft historical plans of development for Palm Beach County and the municipalities therein; and the board shall have the authority to recommend to the governing bodies of the County of Palm Beach and the municipalities therein the creation of a historical district or districts which shall include any section or sections of the county containing buildings, landmarks, sites, and facilities of historical or architectural value and having an overall atmosphere of architectural or historical distinction , Such facilities having historical or architectural value shall be designated by the board on the basis of criteria of historical evaluation as established by the Department of State,

(10) To acquire from Palm Beach County and the municipalities therein, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired, suitable for the uses of the board and to improve, operate, and maintain the same for the pur-

485


poses herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(11) To enter into contracts with the City of Boca Raton or Palm Beach County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient; and such municipality and county are authorized to enter into such contracts.

(12) To contract with any agency of the state or the Federal Government, any other agency, the County of Palm Beach, or any firm or corporation, upon such terms and conditions as the board finds in its best interest, with respect to the establishment, construction, operation, and financing of the facilities of the board in Palm Beach County.

(13) To make and enter into contracts or agreements with private individuals, corporations, organizations, historical societies, and others with reference to facilities and to enter into contracts and agreements, with or without competitive bidding as the board determines, which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this part.

(14) To engage in any lawful business or activity deemed by it to be necessary or useful in the full exercise of its powers to establish, finance, maintain, and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created.

(15) To receive and accept any financial gift or grant from any source, including but not limited to money, securities, and real and personal property. The board shall properly account for the same.

(16) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and enforce reasonable rules and regulations to govern the conduct of the viSiting public.

(17) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board, and to issue negotiable revenue certificates payable solely from revenue for the operation of such facilities and from authorized activities incidental thereto.

(18) To cooperate and coordinate all of its activities on a permissive basis through any statewide commission, including the Division of Historical Resources, and to participate in any overall statewide plan of historical development.


(20) To research, prepare, publish , and procure books, reports, articles, pamphlets, brochures, documents, maps, photographs, films, sound recordings,

and other products of a similar nature in fulfillment of its purpose and function for use by the board or for use by or distribution to any person or entity, public or private, with or without charge or profit.

(21) To perform all lawful acts necessary, convenient, and incident to the effectuating of its function and purpose.

Hislory.-s. I, ch. 74-265; s. 1. ch. 77-174; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 10, ch . 84~6; s. 4, ch. 84-219; s. 39, ch. 86-163.

'NoI9_-Repealed aHecl;ve Oclober 1,1990, by s. 1, ch. 82-46, as amended by s . 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that dale.

PART VI

HISTORIC TAMPA-HILLSBOROUGH COUNTY PRESERVATION BOARD OF

TRUSTEES; YBOR CITY HISTORIC DISTRICT BARRIO LATINO

COMMISSION

266.406 Powers of the board. 266.408 Ybor City Historic District; Barrio Latino Com

mission.





(4) To establish an office at Tampa for the conduct of its affairs.


(6) To plan facilities; to demolish existing structures; and to construct , reconstruct, alter, repair, and improve the facilities wherever located.

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided, in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created, No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery association or is presently used as a historical attraction.

486


(8) To employ and dismiss at pleasure consulting engineers. architects, superintendents or managers, accountants , inspectors , attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and fix their compensation .

(9) To draft a historical plan of development for Hillsborough County; and the board shall have the authority to recommend to the governing bodies of Hillsborough County and the Cities of Tampa, Temple Terrace, and Plant City the creation of a historical district or districts which shall include any section or sections of Hillsborough County containing buildings, landmarks, sites, or facilities of historical or architectural value and having an overall atmosphere of architectural or historical distinction, or both. Such facilities having historical or architectural value shall be designated by the board, based on the criteria of historical evaluation established by the Division of Historical Resources of the Department of State.

(10) To acquire from the City of Tampa, the City of Temple Terrace, the City of Plant City, Hillsborough County, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired , su itable for the uses of the board, and to improve, operate, and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(11) To enter into contracts with the City of Tampa, the City of Temple Terrace, the City of Plant City, or Hillsborough County for the purposes of providing police and fire protection, water, sanitation, and other public services deemed necessary or expedient; and such municipalities and county are authorized to enter into such contracts .

(12) To contract with any agency of the state, the Federal Government, the City of Tampa, the City of Temple Terrace, the City of Plant City, Hillsborough County, or any firm or corporation , upon such terms and conditions as the board finds in its best interest, with respect to the establishment , construction, operation, and financing of the facilities of the board in Hillsborough County.

(13) To make and enter into all contracts or agreements with private individuals, corporations, organizations, historical societies, and others with reference to facilities and to enter into contracts and agreements, with or without competitive bidding as the board determines , which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this part.

(14) To engage in any lawful bUSiness or activity deemed by it necessary or useful in the full exercise of its powers to establish , finance, maintain , and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land , improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created.

(15) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and en-

force reasonable rules and regulations to govern the conduct of the viSiting public.

(16) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board, and to issue negotiable revenue certificates payable solely from revenue from the operation of such facilities and from authorized activities incidental thereto.

(17) To cooperate and coordinate all of its activities on a permissive basis through any statewide board, including the Division of Historical Resources of the Department of State , and to participate in any overall statewide plan of historical development.


(19) To research , prepare, publish, and procure books, reports , articles, pamphlets , brochures, documents, maps, photographs, films , sound recordings , and other products of a similar nature in fulfillment of its purpose and function for use by the board or for use by or distribution to any person or entity, public or private, with or without charge or profit.


Hislory.-s. 1. ch. 75-188: s. 1, ch. 82-46: s. 2. ch. 83-265: s. 12, ch. 84-46: s. 40. ch. 86-183.

'Nole.- Repealed effective October 1. 1990, by s. 1, ch . 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant 10 s. 11 .611 in advance of that date.

1266.408 Ybor City Historic District; Barrio Latino Commission.-

(1) There is created within the City of Tampa the Ybor City Historic District, within which is situated the Ybor City National Historic District, comprising all of the area within the City of Tampa contained in the following boundaries:

Rear property line on the north side of Columbus Drive on the north; the rear property line on the south side of Fourth Avenue on the south; the rear property line on the east side of Twenty-second Street on the east ; and the rear property line on the west side of Nebraska Avenue on the west .

(2) There is created the Barrio Latino Commission which shall serve as the architectural review board for the Ybor City Historic District and shall have for its purpose the designat ion and preservation of such facilities in the Ybor City Historic District as it may deem appropriate.

(a) Membership.- The membership of the Barrio Latino Commission shall be selected by the mayor of the City of Tampa with the concurrence of the city council in the following manner:

1. One from the Hillsborough County Historical Commission, the Tampa Historical Society, Tampa Preservation Inc., or the Ybor City Museum SOCiety;

487


2. One from the Greater Tampa Chamber of Com-merce;

3. Two from the Ybor City Chamber of Commerce; 4. One from the Tampa appointees to the Historic

Tampa-Hillsborough County Preservation Board of Trustees;

5. Three who are registered architects at least in the State of Florida, who reside in the City of Tampa, and who have demonstrated an active interest in the purposes of this part through training or experience in architectural history; and

6. One who shall be a resident of the Ybor City His-toric District.

(b) Powers and duties.-1. The Barrio Latino Commission shall have for its

purpose the control of the erection, alteration, addition, repair, removal, or demolition of any new or existing buildings and structures not designated as historical and architectural value but which erection, alteration, addition, repair, removal, or demolition, in the opinion of said commission, will injuriously affect the quaint and distinctive character of the Ybor City Historic District. The Barrio Latino Commission shall have such other powers and duties as granted to the architectural review board in s. 266.407(2)(c)1. and as granted to it byordinance of the City of Tampa.

2. The procedures for hearings, submission of plans, and granting of permits shall be determined by the governing body of the City of Tampa.

Hlatory.-s. 1. ch. 75-188; s. 1. ch. 82-46; s. 2, ch. 83-265; s. I, ch. 86-127 . 'Note.-Repealed effeelive OClober I, 1990, by s. I , ch. 82-46. as amended by

s. 2. ch. 83-265. and scheduled for review pursuanllo s. 11 .611 in advance of Ihal dale.

PART VII

HISTORIC BROWARD COUNTY AND HISTORIC VOLUSIA COUNTY AND

FLAGLER COUNTY PRESERVATION BOARDS OF TRUSTEES

266.506 Powers of the boards.

1266.506 Powers of the boards.-Each board shall be the governing body and have the power:




(4) To establish an office for the conduct of its affairs.


(6) To plan facilities ; to demolish existing structures; and to construct, reconstruct , alter, repair, and improve the facilities wherever located.

(7) To acquire in its own name by purchase, grant, devise, gift, or lease, on such terms and conditions and in such manner as it deems necessary or expedient, or by condemnation, except as otherwise herein provided,

in accordance with and subject to the state law applicable to condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its purposes and to use the same so long as its existence continues and to lease or make contracts with respect to the use or disposal of the same, or any part thereof, in any manner deemed by it to be in the best interest of the board, but only for the purposes for which it is created. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time the property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem such lien or encumbrance; nor shall any property be acquired hereunder by condemnation which is owned by a church or a cemetery association or is presently used as a historical attraction.

(8) To employ and dismiss at pleasure consulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as are deemed necessary and to prescribe their powers and duties and fix their compensation.

(9) To acquire from any city within its respective county or counties, the state, the United States or any state thereof, or any foreign country or colony any existing property, real or personal, now owned by it or hereafter acquired, suitable for the uses of the board and to improve, operate, and maintain the same for the purposes herein stated or to act as trustee for any such property under such terms and conditions as the owner may prescribe.

(10) To enter into contracts with any city within its respective county or counties for the purposes of providing police and fire protection, water , sanitation, and other public services deemed necessary or expedient; and such municipalities and counties are authorized to enter into such contracts.

(11) To contract with any agency of the state, the Federal Government, any city within its respective county or counties, or any firm or corporation , upon such terms and conditions as the board finds in its best interest, with respect to the establishment, construction, operation, and financing of the facilities of the board in its respective county or counties .


(13) To engage in any lawful business or activity deemed by it necessary or useful in the full exercise of its powers to establish, finance , maintain, and operate the facilities contemplated by this part, including the renting or leasing for revenue of any land, improved or restored real estate, or personal property directly related to carrying out the purposes for which the board is created .

(14) To fix and collect charges for admission to any of the facilities operated and maintained by the board under the provisions of this part and to adopt and en-

488


force reasonable rules to govern the conduct of the visiting public.

(15) To borrow money for any of its authorized purposes and for expenses incidental thereto, including expenses incurred during the period of organization, restoration, and construction prior to the operation of the facilities of the board, and to issue negotiable revenue certificates payable solely from revenue from the operation of such facilities and from authorized activities incidental thereto.

(16) To cooperate and coordinate all of its activities on a permissive basis through any statewide board, including the Division of Historical Resources of the Department of State, and to participate in any overall statewide plan of historical development.

(17) To cooperate and coordinate its activities with any national project of historical development and to coordinate and cooperate with any other agency, state, local, or national, undertaking historical objectives, if the same are not in conflict with the objectives of the board. The boards shall not be placed within a division of the Department of State, but, administratively, shall be directly under the supervision of the Secretary of State.



Hlst"ry.-s. 1. ch. 77-263: s. 1. ch. 82-46: s. 2. ch. 83-265: s. 14, ch. 84-46; s. 41, ch. 86-163

'NoIa.-Repealed effective October 1, 1990, by s. 1, ch . 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date.

267.Q11 267.021 267.031 267.041 267.042 267.051 267.061

267.0612

267.0617 267.062

267.072

267.073

267.081 267.09

CHAPTER 267

ARCHIVES, HISTORY, AND RECORDS MANAGEMENT

Short title. Definitions. Division of Historical Resources. OHice of the director. Florida State Archives. Records and information management. Historic properties; state policy, responsibili-

ties. Historic Preservation Advisory Council; cre

ation; membership; powers and duties. Historic Preservation Trust Fund . Naming of state buildings and other facili

ties. Museum of Florida History programs; trust

fund. Union 5ank Advisory Council; creation,

membership, powers. and duties. Publications. Certain powers and duties transferred .

267.10 267.11 267.12 267.14 267.15

267 .151

267.152

267.1 53

267.16 267.161 267.162 267.17

Legislative intent. Designation of archaeological sites. Research permits; procedure. Legislative intent. Vertebrate paleontological sites and re

mains; legislative intent and state policy. Program of vertebrate paleontology within

Florida State Museum. Destruction, purchase, and sale of verte

brate fossils prohibited, exceptions; field investigation permits required; penalty for violation.

Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved .

Florida Folklife Programs. Florida Folklife Council. Florida Folklife Trust Fund . Citizen support organizations; use of state

property; audit.

267.011 Short title.-This act shall be known as the "Florida Historical Resources Act."

Hlstory.-s. 1, ch. 67-50; s. 42 , ch. 86-163.

267.021 Definitions.-For the purpose of this act, the term:

(1) "Division" means the Division of Historical Resources of the Department of State.

(2) "Agency" means any state, county, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law.

(3) "Historic property" or "historic resource" means any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural , or archaeological value. These propertiei or re-sources may include, but are not limited to , monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works , treasure trove, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, and CUlture of the state.

(4) "Preservation" or "historic preservation" means the identification, evaluation. recordation, documentation, analysis, recovery, interpretation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, or reconstruction of historic properties.

(5) "National Register of Historic Places" means the list of historic properties significant in American history, architecture, archaeology, engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended.

(6) "Folklife" means the traditional expressive culture shared within the various groups in Florida: familial, ethnic, occupational, religious, and regional. Expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, and handicraft, which forms are gener-

489


ally learned orally, by imitation, or in performance and are maintained or perpetuated without formal instruction or institutional direction.

Hiatory.-s. 2. ch. 67-50; ss. 10, 35, ch. 69-106; s. 72, ch. 71-377; s. 3, ch . 79-322; s. 1, ch . 81-124; s. 1, ch. 65-261; s. 43, ch . 86-163.

Note.-Subseclion (6) former s. 265.135.

267.031 Division of Historical Resources.-(1) The division shall adopt such rules as deemed

necessary to carry out its duties and responsibilities under this chapter .

(2) The division may make and enter into all contracts and agreements with other agencies, organizations, associations, corporations and individuals, or federal agencies as it may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter.

(3) The division may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter.

(4) All law enforcement agencies and offices are authorized and directed to assist the division in carrying out its duties under this chapter .

Hfatory.-s. 3, ch . 67-50; ss. 10,25,27,35, ch. 69-106; s. 73, ch. 71-377; s. 1, ch. 73-280; s. 4, ch . 78-323; s. 1, ch. 81-173; s. 11. ch . 83-65; s. 130, ch . 83- 217; s. 44 , ch. 86-163.

267.041 Office of the director.-[Repealed by s. 71, ch . 86-163.]

267.042 Florida State Archives.-[Amended and transferred to s. 257.35 by s. 45, ch. 86-163.]

267.051 Records and information management.[Amended and transferred to s. 257 .36 by s. 46, ch. 86-163.]

267.061 Historic properties; state policy, responsibilities.-

(1) STATE POLICY RELATIVE TO HISTORIC PROPERTIES.-

(a) The rich and unique heritage of historic properties in this state, representing more than 10,000 years of human presence, is an important legacy to be valued and conserved for present and future generations. The destruction of these nonrenewable historical resources will engender a significant loss to the state's quality of life, economy, and cultural environment. It is therefore declared to be state policy to:

1. Provide leadership in the preservation of the state's historic resources;

2. Administer state-owned or state-controlled his-toric resources in a spirit of stewardship and trusteeship;

3. Contribute to the preservation of nonstate-owned historic resources and to give encouragement to organizations and individuals undertaking preservation by private means;

4. Foster conditions, using measures that include financial and technical assistance, for a harmonious coexistence of society and state historic resources;

5. Encourage the public and private preservation, and utilization of elements of the state's historically built environment; and

6. Assist local governments to expand and acceler-ate their historic preservation programs and activities.

(b) It is further declared to be the public policy of the state that all treasure trove, artifacts, and such objects having intrinsic or historical and archaeological value which have been abandoned on state-owned lands or state-owned sovereignty submerged lands shall belong to the state with the title thereto vested in the Division of Historical Resources of the Department of State for the purposes of administration and protection.

(2) RESPONSIBILITIES OF STATE AGENCIES OF THE EXECUTIVE BRANCH.-

(a) Each state agency of the executive branch having direct or indirect jurisdiction over a proposed state or state-assisted undertaking shall, in accordance with state policy and prior to the approval of expenditure of any state funds on the undertaking, consider the effect of the undertaking on any historic property that is inCluded in, or eligible for inclusion in, the National Register of Historic Places. Each such agency shall afford the division a reasonable opportunity to comment with regard to such an undertaking.

(b) Each state agency of the executive branch shall initiate measures in consultation with the division to assure that where, as a result of state action or assistance carried out by such agency, a historic property is to be demolished or substantially altered in a way which adversely affects the character, form, integrity, or other qualities which contribute to historical, architectural, or archaeological value of the property, timely steps are taken to determine that no feasible and prudent alternative to the proposed demolition or alteration exists, and, where no such alternative is determined to exist, to assure that timely steps are taken either to avoid or mitigate the adverse effects, or to undertake an appropriate archaeological salvage excavation or other recovery action to document the property as it existed prior to demolition or alteration.

(c) In consultation with the division, each state agency of the executive branch shall establish a program to locate, inventory, and evaluate all historic properties under the agency's ownership or control that appear to qualify for the National Register . Each such agency shall exercise caution to assure that any such historic property is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly.

(d) Each state agency of the executive branch shall assume responsibility for the preservation of historic resources which are owned or controlled by such agency. Prior to acquiring, constructing, or leasing buildings for the purpose of carrying out agency responsibilities, the agency shall use, to the maximum extent feasible, historic properties available to the agency. Each agency shall undertake, consistent with the preservation of such properties, the mission of the agency, and the professional standards established pursuant to paragraph (3) (k), any preservation actions necessary to carry out the intent of this paragraph.

(e) Consistent with the agency's mission and authority, all state agencies of the executive branch shall carry out agency programs and projects, including those under which any state assistance is provided, in

490

s.267.061 1986 SUPPLEMENT TO FLORIDA STATUTES 1985 s. 267.0612

a manner which is generally sensitive to the preservation of historic properties and shall give consideration to programs and projects which will further the purposes of this section.

(3) DIVISION RESPONSIBILlTY .-lt is the responsi bility of the division to

(a) Cooperate with federal and state agencies, local governments, and private organizations and individuals to direct and conduct a comprehensive statewide survey of historic resources and to maintain an inventory of such resources .

(b) Develop a comprehensive statewide historic preservation plan.

(c) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties in the National Register.

(d) Cooperate with federal and state agencies, local governments , and organizations and individuals to ensure that historic resources are taken into consideration at all levels of planning and development.

(e) Advise and assist, as appropriate, federal and state agencies and local governments in carrying out their historic preservation responsibilities and programs.

(f) Provide public information , education, and technical assistance relating to historic preservation programs.

(g) Cooperate with local governments and organizations and individuals in the development of local historical preservation programs, including the Main Street Program of the National Trust for Historic Preservation, or any similar programs that may be developed by the division.

(h) Carry out on behalf of the state the programs of the National Historic Preservation Act of 1966, as amended , and to establish, maintain, and administer a state historic preservation program meeting the requirements of an approved program and fulfilling the responsibilities of state historic preservation programs as provided in subsection 101(b) of that act.

(i) Take such other actions necessary or appropri-ate to locate, acquire, protect , preserve, operate, interpret, and promote the location, acquisition, protection, preservation, operation , and interpretation of historic resources to foster an appreciation of Florida history and culture. Prior to the acquisition, preservation, interpretation, or operation of a historic property by a state agency, the division shall be provided a reasonable opportunity to review and comment on the proposed undertaking and shall determine that there exists historical authenticity and a feasible means of providing for the preservation, interpretation, and operation of such property.

(j) Cooperate and coordinate with the Division of Recreation and Parks of the Department of Natural Resources in the operation and management of historic properties or resources subject to the Division of Historical Resources.

(k) Establish profeSSional standards for the preservation, exclusive of acquisition, of historic resources in state ownership or control.

(I) Establish guidelines for state agency responsibil-ities under subsection (2) .

491

(4) STATE ARCHAEOLOGIST-The division shall employ a State Archaeologist, and such other archaeol ogists as deemed necessary, who shall possess such qualifications as the division may prescribe. The State Archaeologist shall serve at the pleasure of the division director and shall have his duties prescribed by the division director.

(5) STATE HISTORIC PRESERVATION OFFICER.The division shall employ a State Historic Preservation Officer, and such other specialists in the field of historic preservation as deemed necessary, who shall possess such qualifications as the division may prescribe. The State Historic Preservation Officer shall serve at the pleasure of the division director and shall have his duties prescribed by the division director.

History.-s. 6. ch. 67-50: ss. 10, 25, 35, ch. 69-106: s. 5, Ch. 81 - 173: s. 19, ch. 83-21 6: s. 2, ch. 85-281 : s. 47, ch. 86-1 83.

'267.0612 Historic Preservation Advisory Council; creation; membership; powers and duties.-In order to enhance public participation and involvement in the preservation and protection of the state's historic and archaeological sites and properties , there is created within the Department of State the "Historic Preservation Advisory Council. "

(1) The council shall consist of nine members who represent different areas of the state, are appointed by the Secretary of State, and are qualified, through the demonstration of special interest, experience, or education, in the preservation of the state's historic and archaeological sites and properties, as follows :

(a) At least three members shall have practical experience in the preservation of historic or archaeological sites and properties as demonstrated in one or more of the following fields : architecture, architectural history, historic preservation , history, or archaeology.

(b) Each of at least three members shall be the president, chief elected officer, or other duly authorized representative of a statewide historic preservation, architectural, historical , or archaeological organization.

(c) Each of at least three members shall be the president, chief elected officer, or other duly authorized representative of a local historic preservation board, commission, or nonprofit organization .

(2) The initial appointments shall be for terms as follows: Three members shall be appOinted for terms of 2 years , three members shall be appointed for terms of 3 years, and three members shall be appointed for terms of 4 years . Thereafter, members shall be appOinted for 4-year terms, except for an appointment to fill an unexpired term, in which event the appOintment shall be for the remainder of the unexpired term only. No person shall serve more than two consecutive terms on the council.

(3) Members shall elect a chairperson annually. No member shall be elected to consecutive terms as chairperson.

(4) The council shall meet at the call of its chairperson, at the request of a majority of its memberShip, or at the request of the division . Members shall serve without pay, but shall be entitled to reimbursement for their expenses in carrying out their official duties, as provided in s. 112.061.


(5) All action taken by the council shall be by majority vote of those present. The director of the division or his designee shall serve without voting rights as secretary to the council, The division shall provide necessary staff assistance to the council.

(6) It shall be the responsibility of the council to provide assistance, advice, and recommendations to the division in :

(a) Establishing priorities for the identification , acquisition, protection, and preservation of historic and archaeological sites and properties,

(b) Establishing criteria for use in assessing the significance of historic and archaeological sites and properties,

(c) Evaluating proposals for state historic markers, (d) Evaluating proposals for awards of historic pres

ervation grants-in-aid administered by the division, Pursuant thereto, the council shall review and evaluate all proposals for grants-in-aid and shall make recommendations, including a priority ranking, reflecting such evaluation, In making such evaluation and recommendations, the council shall, at a minimum, consider the purpose, economic and other public benefit, location, compatibility with statewide historic preservation priorities, and cost of each proposal for grant assistance,

(e) Providing an active outreach program to encourage public understanding of and involvement in the preservation of the state's historic and archaeological sites and properties,

(f) Identifying and expressing public goals for historic preservation and gathering public ideas necessary for the formulation of alternative policies ,

(g) Preparing rules relating to the historic preservation programs administered by the division pursuant to this chapter,

(7) It shall be the additional responsibility of the council to provide such other assistance and advice to the division as may be required from time to time in matters pertaining to the protection and preservation of the state 's historic and archaeological sites and properties,

Hi.lory.-SS. 1,2, ch . 83-103: s. 48, ch. 86-163. 'Note.-Explres October " 1990, pursuanllo s. 2, ch. 83-103: the Historic Preser

vation Advisory CounCIl shall be reviewed pursuant to s. 11.611 .

267.0617 Historic Preservation Trust Fund.-(1) There is hereby created within the division the

Historic Preservation Trust Fund, which shall consist of moneys appropriated by the Legislature, moneys deposited pursuant to IS, 550,03(2)(1), and moneys contributed to the fund from any other source, The fund shall be administered by the division for the purpose of financing grants in furtherance of the purposes of this section,

(2) The division is authorized to conduct and carry out a program of historic preservation grants-in-aid, including matching grants, to any department or agency of the state; any unit of county, municipal, or other local government; any corporation, partnership, or other organization, whether public or private or whether or not for profit; or any individual for projects having as their purpose the identification, acquisition, protection, preservation, rehabilitation, restoration, or construction of historic sites and properties, or the planning of any such activities, Funds appropriated from general revenue for the

historic preservation grants-in-aid program shall not be provided for a project owned by private individuals or owned by for-profit corporations, All moneys received from any source as appropriations, deposits, or contributions to this program shall be paid and credited to the Historic Preservation Trust Fund,

HI.lory.-S. 3, ch. 78-357; s. 1, ch. 81-126; s. 170, ch, 81-259; s. 1, ch. 84-248; s . 49, ch. 86-163,

'Nole.-Paragraph (I) of s. 550.03(2) was repealed as a resull of Ihe amendmenl of s, 550,03 by s. 9, ch. 82-149.

267.062 Naming of state buildings and other facilities.-

(1) Except as specifically provided by law, no state building, road, bridge, park, recreational complex, or other similar facility shall be named for any living person,

(2) The division shall, after consulting with appropriate citizens' committees, recommend several persons whose contributions to the state have been of such significance that the division may recommend that state buildings and facilities be named for them,

HI.lory.-ss. 1, 2, ch . 71-267; s, 50, ch . 86-~63.

267.072 Museum of Florida History programs; trust fund.-

(1) There is created the Museum of Florida History Trust Fund to be administered by the Department of State for the purposes set forth in this act.

(2) It is the duty of the division to : (a) Establish and administer a museum store in the

Museum of Florida History to provide information and materials relating to museum exhibits, collections, and programs to the public, The store may produce, acquire, and sell craft products, replicas and reproductions of artifacts, documents, and other merchandise relating to historical and cultural resources and may make a reasonable charge for such merchandise, All proceeds received from sales shall be deposited into the Museum of Florida History Trust Fund to be used to support the programs of the museum,

(b) Support the establishment and operation of a nonprofit organization or association to promote and encourage knowledge and appreciation of Florida history and the programs of the Museum of Florida History and to cooperate with historical societies and other organizations to provide funding and promotional support for the programs of the museum, Such organization or association may, with the consent of the division, operate the museum store or conduct special events and programs in the museum, All proceeds shall be used to support the programs of the Museum of Florida History,

(3) The division is authorized to accept gifts and donations for the purpose of assisting the Museum of Florida History and its programs, which shall be deposited in the Museum of Florida History Trust Fund to be used exclusively for the acquisition and production of exhibits or for the purchase of items for resale in the museum store,

(4) The museum store of the Museum of Florida History is authorized to enter into agreements and accept credit card payments as compensation for goods and products sold, The division is further authorized to establish accounts in credit card banks for the deposit of credit card sales invoices and to pay discounts and ser-

492


vice charges in connection with the use of credit cards. Hislory.-ss. 2. 3. 4. ch. 80-159; s. 7. ch. 8 1-173; s. 2, ch . 83-243; s. 51. ch .

86-183.

'267.073 Union Bank Advisory Council; creation, membership, powers, and duties.-In order to maintain and enhance public participation in the preservation and continued use of the Union Bank Building, there is hereby created within the Division of Historical Resources of the Department of State the Union Bank Advisory Council.

(1) The council shall consist of nine members, appointed by the Secretary of State, who shall be qualified through the demonstration of special interest, experience, or education in the preservation of historic sites and properties.

(2) Initial appointments shall be for terms as follows: three members shall be appointed for terms of 1 year, three members shall be appointed for terms of 2 years, and three members shall be appointed for terms of 3 years. Thereafter, members shall be appointed for terms of 3 years, except for an appointment to fill an unexpired term. Members shall be individuals who have served on the Union Bank Restoration Committee of the Florida Heritage Foundation, or who have demonstrated an active interest in the Union Bank Building. One member shall be associated with the banking industry in Florida.

(3) The council shall meet at the call of its chairperson, at the request of a majority of its membership, or at the request of the division. Members shall serve without pay, but shall be entitled to reimbursement for their travel expenses in carrying out their official duties, as provided in s. 112.061.

(4) Members shall elect a chairperson annually. No member shall be elected to consecutive terms as chairperson.

(5) All action taken by the council shall be by majority vote of those present. The director of the division, or his designee, shall serve as a nonvoting, ex officio member of the council. The division shall provide necessary staff assistance to the council.

(6) It shall be the responsibility of the council to provide assistance, advice, and recommendations to the division in:

(a) Developing and making recommendations for implementing plans for the repair, maintenance, furnishing, operation, use, and interpretation of the building;

(b) Recommending rules relating to the appropriate use of the building; and

(c) Encouraging the involvement of volunteers who will render service in carrying out activities relating to the operation, use, and interpretation of the building.

(7) it shall be the additional responsibility of the council to provide such other assistance and advice to the division as may be required in matters pertaining to the protection and preservation of the Union Bank Building.

Hislory.-ss. 1.2. ch. 85-91; s. 52, ch. 86-163. 'Nole.-Expires October 1, 1991, pursuant to s. 2. ch. 85-91 , and is sCheduted

for review pursuant to s. 11.611 in advance of thai dale.

267.081 Publications.-it is the duty of the division to:

(1) Promote and encourage the writing of Florida history.

(2) Collect, edit, publish, and print pamphlets, papers, manuscripts, documents, books, monographs, and other materials relating to Florida history. The division may establish a reasonable charge for such publications.

(3) Cooperate with and coordinate research and publication activities of other agencies, organizations, historical commissions and societies, corporations, and individuals, which relate to historical matters.

Hislory.-s. 8, ch. 67-50; ss. 10,35. ch . 69-106: s. 8. ch. 81-173; s. 53. ch. 86-163

267.09 Certain powers and duties transferred.[Repealed by s. 71, ch. 86-163.]

267.10 Legislative intent.-[Amended and transferred to s. 257.37 by s. 54, ch. 86-163.]

267.11 Designation of archaeological sites.-The division may publicly designate an archaeological site of significance to the scientific study or public representation of the state 's historical, prehistoric, or aboriginal past as a "state archaeological landmark." In addition, the division may publicly designate an interrelated grouping of significant archaeological sites as a "state archaeological landmark zone." However, no site or grouping of sites shall be so deSignated without the express written consent of the private owner thereof. Upon deSignation of an archaeological site, the owners and occupants of each designated state archaeological landmark or landmark zone shall be given written notification of such designation by the division. Once so designated, no person may conduct field investigation activities without first securing a permit from the division.

HI.lory.-s. 1. ch. 73-186; s. 55. ch. 86-163.

267.12 Research permits; procedure.-(1) The division may issue permits for excavation

and surface reconnaissance on state lands or lands within the boundaries of designated state archaeological landmarks or landmark zones to institutions which the division shall deem to be properly qualified to conduct such activity, subject to such rules and regulations as the division may prescribe, provided such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies that possess or will secure the archaeological expertise for the performance of systematic archaeological field research, comprehensive analysis, and interpretation in the form of publishable reports and monographs, such reports to be submitted to the division.

(2) Those state institutions considered by the division permanently to possess the required archaeological expertise to conduct the archaeological activities allowed under the provisions of the permit may be designated as accredited institutions which will be allowed to conduct archaeological field activities on state-owned or controlled lands or within the boundaries of any designated state archaeological landmark or any landmark zone without obtaining an individual permit for each project, except that those accredited institutions will be re-

493


quired to give prior written notice of all anticipated archaeological field activities on state-owned or controlled lands or within the boundaries of any designated state archaeological landmark or landmark zone to the division, together with such information as may reasonably be required by the division to ensure the proper preservation, protection, and excavation of the archaeological resources. However, no archaeological activity may be commenced by the accredited institution until the division has determined that the planned project will be in conformity with the guidelines, regulations, and criteria adopted pursuant to ss. 267.11-267.14. Such determination will be made by the division and notification to the institution given within a period of 15 days from the time of receipt of the prior notification by the division.

(3) All specimens collected under a permit issued by the division or under the procedures adopted for accredited institutions shall belong to the state with the title thereto vested in the division for the purpose of administration and protection. The division may arrange for the disposition of the specimens so collected by accredited state institutions at those institutions and for the temporary or permanent loan of such specimens at permitholding institutions for the purpose of further scientific study, interpretative displays, and curatorial responsibilities.

History.-s. 1, ch . 73-166: s. se, ch. 86-163.

267.14 Legislative intent.-It is the declared intention of the Legislature that field investigation activities on privately owned lands should be discouraged except in accordance with both the provisions and spirit of ss. 267.11-267.14; and persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the division.

History.-s. 1, ch. 73-166: s. 57, ch . 86-163.

267.15 Vertebrate paleontological sites and remains; legislative intent and state policy.-[Amended and transferred to s. 240.516 by s. 58, ch. 86-163.]

267.151 Program of vertebrate paleontology within Florida State Museum.-[Amended and transferred to s. 240.5161 by s. 59, ch. 86-163.]

267_152 Destruction, purchase, and sale of vertebrate fossils prohibited, exceptions; field investigation permits required; penalty for violation.-[Transferred to s. 240.5162 by s. 60, ch. 86-163.]

267.153 Certain rights of mine or quarry operators and dragline or heavy equipment operators preserved. -[Amended and transferred to s. 240.5163 by s. 61, ch. 86-163.]

267.16 Florida Folklife programs.-It is the duty and responsibility of the division to:

(1) Identify, research, interpret, and present Florida folk arts, artists, performers, folklore, traditions, customs, and cultural heritage and make folk cultural resources and folklife projects available throughout the state. The division shall compile , edit, publish, and print directories, books, articles, pamphlets, and other folklife materials to disseminate information about folk cultural

resources. The division may sponsor conferences, workshops, festivals , lectures, and exhibitions on Florida folklife and promote the folk cultural resources of the state.

(2) Adopt rules necessary to carry out its duties and responsibilities with respect to such programs; enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies necessary to carry out its duties; and seek and accept gifts, grants, bequests, loans, and endowments for purposes consistent with its responsibilities .

(3) Use the facilities at the Stephen Foster State Folk Culture Center as the primary location of the annual Florida Folk Festival.

(4) Maintain the Florida Folklife Archives to preserve and administer documents, recordings, photographs, publications, notes, and other materials pertaining to folklife according to approved archival practices and to permit such materials, at reasonable times and under the supervision of the Florida Folklife Programs, to be inspected, examined, and copied; except that any materials placed in the keeping of or collected by the Florida Folklife Programs under special terms or conditions restricting their use shall be made accessible in accordance with such terms and conditions.

(5) Adopt rules by which it may advance or reimburse travel and per diem expenses, in the amount and manner provided in s. 112.061, to folklife informants and participants in the Florida Folklife Programs.

(6) Employ a state folklorist, and such other folklorists as deemed necessary, who shall possess such qualifications as the division may prescribe. The state folklorist shall serve at the pleasure of the division director and shall have his duties prescribed by the division director.

History.-s. 5, ch. 79-322: s. 3, ch. 81-124: s. 33, ch. 86-163. Note.-Former s. 265.137.

'267.161 Florida Folklife Council.-(1 )(a) The Florida Folklife Council is created as a part

of the Department of State, to consist of seven members appointed by the Secretary of State. Initially, the Secretary of State shall appoint two members for terms of 4 years, two members for terms of 3 years, two members for terms of 2 years, and one member for a term of 1 year. Thereafter, the Secretary of State shall appoint each member for a 4-year term. The Secretary of State shall fill any vacancy for the remainder of the unexpired term. Members shall be appointed to provide geographical, ethnic, and professional representation on the council.

(b) The council shall meet at the call of its chairman, at the request of a majority of its membership, at the request of the Secretary of State, or at such times as may be prescribed by its rules. The council shall annually elect from its membership a chairman and a vice chairman, each of whom shall serve for 1 year and may be reelected for 1 additional year.

(c) Members of the council shall serve without compensation or honorarium, but shall be entitled to receive reimbursement for per diem and traveling expenses incurred in the performance of their duties as provided in s. 112061 .

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(2) The council shall: (a) Advise the division and the state folklorist with

respect to folk arts, folklife, and the following goals of the Florida Folklife Programs:

1. The stimulation and encouragement of statewide public interest and participation in folk arts and folklore; and

2. The development and promotion of Florida folk artists, performers, festivals, folklife projects, and folk resources.

(b) Recommend to the division and the state folklorist projects for the identification, collection, and preservation of Florida folklore, folk arts, traditions, cultural heritage, skills, and customs and make these resources available throughout the state.

(c) Assist the state folklorist in developing proposals and grant applications to fund projects of the Florida Folklife Programs.

HiBtOry.-S. 4. ch . 79-322: ss. 2, 5. ch. 81-124: ss. 1,4, ch. 82-46: s. 2, ch. 83-265: s. 32. ch. 86-183.

'Note.-Repealed effective October 1, 1990, by s. 1, ch. 82-46. as amended by s. 2, ch . 83-265, and scheduled for review pursuant to s. 11.611 in advance Of that date

Note.-Former s. 265. t36.

267.162 Florida Folklife Trust Fund.-There is created within the Division of Historical Resources of the Department of State the Florida Folklife Trust Fund, which shall consist of moneys appropriated by the Legislature; grants from the Florida Arts Councilor any other agency; moneys from fees, admissions, and sales of publications or items; and moneys contributed to the fund from any other source. The fund shall be administered by the Department of State for the purpose of financing grants and for the administration of the Florida Folklife Programs.

HIBtOry.-S. 6, ch. 79-322; s. 4, ch. 8t-t24: s. 127, ch. 83-217; s. 34, ch. 86-183. Note.-Former s. 265138.

267.17 Citizen support organizations; use of state property; audit.-

(1) CITIZEN SUPPORT ORGANIZATIONS.-The division may support the establishment of citizen support organizations to provide assistance, funding, and promotional support for the archaeology, museum, folklife, and historic preservation programs of the division. For the purposes of this section, a "citizen support organization" shall mean an organization which is:

(a) A Florida corporation not for profit incorporated under the provisions of chapter 617 and approved by the Department of State;

(b) Organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the division or individual program units of the division;

(c) Determined by the division to be consistent with the goals of the division and in the best interests of the state; and

(d) Approved in writing by the division to operate for the direct or indirect benefit of the division; such approval shall be given in a letter of agreement from the division.

(2) USE OF PROPERTY.-(a) The division may permit, without charge, appro

priate use of property and facilities of the division by a citizen support organization, subject to the provisions of this section. Such use must be directly in keeping with the approved purposes of the citizen support organization and may not be made at times or places that would unreasonably interfere with opportunities for the general public to use such facilities for established purposes.

(b) The division may prescribe by rule any condition with which a citizen support organization shall comply in order to use division property or facilities .

(c) The division shall not permit the use of any property or facilities of the state by a citizen support organization which does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin .

(3) ANNUAL AUDIT.-Each citizen support organization shall cause an annual postaudit of its financial accounts to be conducted by an independent certified public accountant. The annual audit report shall be submitted to the division for review. The Auditor General and the division are each authorized to require and obtain from the citizen support organization, or from its independent auditor, such data as may be needed relative to the operation of the organization. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report.

Hlatory.-s. 62. ch. 86-163.

CHAPTER 270

PUBLIC LANDS

270.11 Contracts for sale of public lands to reserve certain mineral rights; prohibition on exercise of right of entry in certain cases.

270.11 Contracts for sale of public lands to reserve certain mineral rights; prohibition on exercise of right of entry in certain cases.-

(1) Except as otherwise provided by law, in all contracts and deeds for the sale of land executed by the Board of Trustees of the Internal Improvement Trust Fund or by any local government, water management district, or other agency of the state, there shall be reserved for such local government, water management district, other agency of the state, or the board of trustees and its successors an undivided three-fourths interest in, and title in and to an undivided three-fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same.

(2)(a) The Board of Trustees of the Internal Improvement Trust Fund may, in its discretion, sell or release any reserved interest or any portion thereof in or as to any particular parcel of land, and the State Board of Education may sell or release any such interest or any portion thereof which was reserved for said board pursuant to

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this section prior to September 1, 1967. Such sale or release shall be made on application of the owner of the title to the particular parcel of land with statement of reason justifying such sale or release.

(b) The right of entry in respect to any interest in phosphate, minerals, and metals or any interest in petroleum heretofore or hereafter reserved in favor of the Board of Trustees of the Internal Improvement Trust Fund or the State Board of Education is hereby released as to any parcel of property that is, or ever has been, a contiguous tract of less than 20 acres in the aggregate under the same ownership.

(3) A local government, water management district, or agency of the state may, at its discretion, sell or release such reserved interest in any parcel of land, except that such sale or release shall be made upon petition of the purchaser for such interest and upon submission by the local government, water management district , or agency of the state which owns the parcel of a statement of reasons justifying such sale or release.

(4) Any state agency, except a water management district , which receives royalties for parcels shall remit any such moneys into the General Revenue Fund, unless otherwise provided by law.

History_-ss. 1,2, ch. 6159,1911 : RGS 1226: CGL 1771 : s. 1095, ch. 19355, 1939: CGL 1940 Supp. 892(414): s. " ch. 26849, 1951 : s. " ch. 59-220: s. 2, ch. 61-119: ss. 27, 35, ch. 69-106: s. 76, ch. 71 --355: s. 1, ch. 86-205: s. 1, ch. 86-257. cf.-s. 229. 121 State beard authorized to exchange land.

280.02 280.03 280.04

280.043

280.09 280.11

280.16

CHAPTER 280

SECURITY FOR PUBLIC DEPOSITS

Definitions. Public deposits to be secured; exceptions. Collateral for public deposits; general provi-

sions. Collateral required if contingent liability pro

hibited or inadequate. Public Deposit Security Trust Fund. Withdrawal from public deposit security pro

gram; return of pledged collateral. Reports of public depositories.

280.02 Definitions.-As used in this chapter, the term:

(1) "Default or insolvency" includes, without limitation, the failure or refusal of a qualified public depository to pay any check or warrant drawn upon suHicient and collected funds by any public depositor or to return any deposit on demand or at maturity together with interest as agreed; the issuance of an order by any supervisory authority restraining such depository from making payments of deposit liabilities; or the appointment of a receiver for such depository.

(2) "Eligible collateral" means securities as designated in ss. 280.13 and 280.14.

(3) "Public deposit" means the moneys of the state or of any county , school district, community college district , special district, metropolitan government, or municipality, including agencies, boards, bureaus, commissions, and institutions of any of the foregoing , or of any court , and includes the moneys of all county oHicers, in-

cluding constitutional officers, that are placed on deposit in a bank or savings association, including, but not limited to, time deposit accounts, demand deposit accounts, and certificates of deposit. All certificates of deposit , whether negotiable or nonnegotiable, shall be considered deposits and shall be subject to the provisions of this chapter.

(4) "Public depositor" means the Treasurer or other chief financial oHicer or designee responsible for handling public deposits.

(5) "Qualified public depository" means any bank or savings association organized and existing under the laws of this state and any bank or savings association organized under the laws of the United States that has its principal place of business in this state or has a branch office which is authorized under the laws of this state or of the United States to receive deposits in this state, that meets all of the requirements of this chapter, and that has been designated by the Treasurer as a qualified public depository.

(6) "Required collateral" of a qualified public depository means elig ible collateral having a market value equal to the greater of 50 percent of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held by the depository during the 12 calendar months immediately preceding the date of any computation of the balance or 50 percent of the public deposits in excess of any applicable deposit insurance held by the depository as of the date of any computation.

(7) "Treasurer" means the lTreasurer of the State of Florida.

Hilltory.-s. 3, ch. 81-285: s. 7, ch. 83- 122: s. 1, ch . 84-216: s. 1, ch. 85-259: s. 1, ch. 86-84.

'Note.- The word 'Stale' was omitted before this word "Treasurer" by the editors. cf .-s. 2!lO.09 Public Depesit Security Trust Fund ('losses' ).

280.03 Public deposits to be secured; exceptions. (1) On and after January 1, 1982, all public deposits

shall be secured as provided in this chapter. Notwithstanding any other provision of the law, public funds shall not be deposited directly or indirectly in negotiable certificates of deposit. Except as otherwise provided by law, no public deposit may be made except in a qualified public depository.

(2) Every public deposit held in trust or in escrow pursuant to the provisions of any trust indenture or escrow agreement authorized by law, unless provided otherwise in the documents or proceedings authorizing the terms of and the execution of the trust indenture or escrow agreement, and moneys of the System Trust Fund, as defined in s. 121 .021 (36), and securities acquired with such moneys pursuant to s. 215.47, are exempt from the reqUirements of this chapter.

(3) When the provision of security for public deposits held outside the United States pursuant to law would be unduly burdensome or administratively impractical, the Treasurer may, by order, grant an exemption for such account from the reqUirements of this chapter.

(4) Overnight wire transfers and transfers of funds for a period not exceeding 7 days solely for the purpose of paying registrars and paying agents are exempt from the requirements of this chapter.

History.-s. 3, ch. 81-285: s. 8, ch. 83-122: s. 2, ch. 85-259: s. 55, ch. 86-152: s. 4, ch. 86-236.

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280.04 Collateral for public deposits; general provisions.-

(1) Every qualified public depository shall deposit with the Treasurer eligible collateral equal to or in excess of the required collateral of the depository to be held subject to his order. With the approval of the Treasurer, a qualified public depository may deposit eligible collateral with another bank or savings association or with a trust company located within or without the state. Each qualified public depository shall, at the time of the deposit of eligible collateral, deliver to the Treasurer a power of attorney authorizing him to transfer any registered securities deposited for the purpose of paying any of the liabilities provided for in this chapter. No qualified public depository may accept or retain any public deposit which is required to be secured unless it has deposited eligible collateral equal to its required collateral pursuant to this chapter. The Treasurer may require an increase in the market value of the required collateral of any qualified public depository to 125 percent of public deposits if the depository has been established for less than 3 years, has experienced decreases in its regulatory capital accounts or regulatory net worth, or has violated the provisions of this chapter or rules adopted hereunder. The market value of the required collateral of any qualified public depository shall be 125 percent of all public deposits that exceed the total amount of the regulatory capital accounts less intangible assets of a bank or the regulatory net worth less intangible assets of a savings association.

(2) For reporting purposes, each qualified public depository shall value its collateral at market value as of the close of business on the last banking day in the preceding month, except that any extraordinary decline in value between such day and the date of mailing the monthly report to the Treasurer shall be considered and used for reporting purposes.

(3) A substitution of collateral may be made by the qualified public depository at any time if the market value of the securities substituted is equal to or greater than the market value of the securities withdrawn. At the time of making a substitution, the depository shall prepare a request for the substitution upon a form approved by the Treasurer and shall deliver the original to the bank, trust company, or savings association where the securities are being held and shall deliver a copy to the Treasurer.

(4) Except in cases of substitution as provided in subsection (3), a qualified public depository may not withdraw collateral previously pledged without the prior approval of the Treasurer. The Treasurer may grant such approval only if:

(a) The depository certifies in writing that such withdrawal will not reduce its collateral below its required collateral; and

(b) This certification is substantiated by a statement of the depository's current public deposits that indicates that after withdrawal such deposits will continue to be secured to the full extent required by law.

(5) A bank, trust company, or savings association holding securities as collateral for a qualified public depository shall not permit the depository to withdraw the collateral without the prior written approval of the Treas-

urer, except in cases of substitution as provided in subsection (3).

(6) If the total public deposits held by a qualified public depository exceed 10 percent of the total public deposits held by all qualified public depositories of the same type, i.e., banks or savings associations, the market value of the required collateral for such excess shall be 125 percent of that excess amount. The Treasurer shall determine the total public deposits held based on the immediately preceding 6-month average. That 6-month average amount shall be disseminated to the qualified public depositories at such times and in such a manner as the Treasurer shall deem appropriate.

Hislory.-s. 3. ch . 81-285; s. 9, ch. 83-122; s. 132, ch. 83--217; s. 3. ch . 85-259; s. 2, ch. 86-84.

280.043 Collateral required if contingent liability prohibited or inadequate.-

(1) In lieu of the collateral required by s. 280.04, the Treasurer may require any qualified public depository to deposit eligible collateral having a market value equal to the greater of 125 percent of the average daily balance of all uninsured public deposits held by such depository during the 12 calendar months immediately preceding the date of computation of such balance or 125 percent of the balance of all uninsured public deposits held by such depository as of the date of any such computation if:

(a) The execution by such depository of the contingent liability agreement required by s. 280.07 is prohibited by any federal law or regulation; or

(b) The number of banks or savings associations which have entered into the contingent liability agreement is inadequate to protect the integrity of the public deposit security program.

(2) In the event that collateral is required pursuant to this section, the procedure for payment of losses involving contingent liability prescribed in s. 280.08(3)-(6) shall not apply.

Hislory.-s. 1, ch . 82- 67; s. 3, ch. 86-84.

280.09 Public Deposit Security Trust Fund.-(1) In order to facilitate the administration of this

chapter, there is created the Public Deposit Security Trust Fund, hereafter in this section designated "the fund." The proceeds from the sale of securities pledged as collateral or from any assessment pursuant to s. 280.08 shall be deposited into the fund. Any administrative penalty collected pursuant to this chapter shall be deposited into general revenue unallocated.

(2) The Treasurer is authorized to pay any losses to public depOSitors from the fund, and there are hereby appropriated from the fund such sums as may be necessary from time to time to pay the losses. The term "losses," for purposes of this chapter, shall also include losses of interest or other accumulations to the public depositor as a result of penalties for early withdrawal required by Depository Institution Deregulatory Commission Regulations or applicable successor federal laws or regulations because of suspension or disqualification of a qualified public depository by the Treasurer pursuant to s. 280.05 or because of withdrawal from the public deposit security program pursuant to s. 280.11. In that event, the Treasurer is authorized to assess against the

497


suspended, disqualified, or withdrawing public depository, in addition to any amount authorized by s. 280.05, an administrative penalty equal to the amount of the early withdrawal penalty and to pay that amount over to the public depositor as reimbursement for such loss. Any money in the fund estimated not to be needed for immediate cash requirements shall be invested pursuant to s.215.535.

Hlalory.-s. 11. Ch. 83-122; s. 6, ch . 85-259; s. 4, ch. 86-84.

280.11 Withdrawal from public deposit security program; return of pledged collateral.-A qualified public depository may withdraw from the public deposit security program by giving written notice to the Treasurer. The contingent liability, required collateral, and reporting requirements of the depository withdrawing from the program shall continue for a period of 12 months after the effective date of the withdrawal. Notice of withdrawal shall be received by the Treasurer at least 30 days before the effective date of withdrawal. The Treasurer shall notify all public depositors of the withdrawal notice before the effective date of the withdrawal. The withdrawing depository shall not receive or retain public deposits after the effective date of the withdrawal until such time as it again becomes a qualified public depository. Beginning 30 days after the effective date of withdrawal, and upon confirmation by the Treasurer that the withdrawing depository no longer holds any public deposits, the Treasurer shall, upon request, return to the depository that portion of the collateral pledged that is in excess of the required collateral as reported on the current public depository monthly report. Losses of interest or other accumulations, if any, because of withdrawal under this section shall be assessed and paid as provided in s. 280.09(2).

Hlalory.-s. 3, ch . 81-285; s. 13, ch. 83-122: s. 5, ch. 86-84.

280.16 Reports of public depositories.-(1) Within 15 days after the end of each calendar

month, or when requested by the Treasurer, each qualified public depository shall submit to the Treasurer a written report, under oath, indicating the total amount of secured public deposits held by it at the close of business on the last business day in the month and the average daily balance of all secured public deposits held by it during the month . Annually, each qualified public depository shall cause to be delivered to the Treasurer from a person qualified to conduct audits a statement of all public deposits held for the credit of all public depositors at the close of business on the last business day in the year.

(2) In addition to the reports required in subsection (1), each qualified public depository shall submit to the Treasurer:

(a) A copy of the quarterly report of condition required by the Federal Deposit Insurance Act, 12 U.S.C. ss. 1811 et seq., if such depository is a bank; or

(b) A copy of the monthly and quarterly reports required to be filed with the Federal Savings and Loan Insurance Corporation if such depository is a savings and loan association;

which copy shall be furnished to the Treasurer within 10 days after the date it is required to be filed with the fed-

eral agency. Hialory.-s. 3, ch . 81-285: s . 16, ch. 83-122; s. 7, ch. 85-259; s. 6, Ch. 86-84.

CHAPTER 282

COMMUNICATIONS AND DATA PROCESSING

282.308 State University System information technology resource plan.

1282.308 State University System information technology resource plan.-

(1) Each state university shall prepare an information technology resource plan that consists of two parts:

(a) One part of the plan shall contain the projected information technology resource needs of the university as they relate to research and curriculum activities. The Board of Regents, in consultation with the commission, shall develop instructions that describe the format, content, and review criteria of this part of the plan. However, at a minimum, this part of the plan shall address the planning components described in s. 282.307(1),

(b) A second part of the plan shall contain the projected information technology resource needs of all other activities at the university. This part of the plan shall address how these resource needs affect the research and curriculum resources described in the first part of the plan. The Board of Regents , in consultation with the commission, shall develop instructions that describe the format, content, and review criteria of this part of the plan. However, at a minimum, the plan shall address the planning components described in s. 282.307(1),

Information technology resources acquired primarily through contracts and grants funds and used exclusively for research or experimental purposes by any state university are exempt from the provisions of this section, but shall be reported by each university to the Board of Regents no later than February 1 of each year for the preceding calendar year.

(2) The instructions for the plan shall be transmitted to each university no later than September 1 of each odd-numbered year. The plan shall be submitted by each university to the Board of Regents no later than January 1 of each even-numbered year. The Board of Regents shall review, recommend modifications 2to, and approve each university plan and present an aggregated plan for all the universities to the commission for approval. This aggregate plan shall comply with the requirements of s. 282.307. In addition, the Board of Regents shall provide to the commission a copy of the approved plan for each university.

(3) The president of each university, or his designee, shall serve as the information resource manager who is responsible for the preparation of the plan of the university; shall serve as a liaison with the manager of the State University System; and shall provide specific references indicating where an information technology resource procurement is provided for in an approved plan or an approved supplement to that plan.

Hlalory,-ss. 3,11, ch. 83-92; s. 2, ch. 85-105; s. 15, ch . 86-145. tNole.-Expires Oclober 1, 1990, pursuanl to s . 11, ch . 83-92, and is scheduled

498


for review pursuant to s. 11 .611 in advance of that date. 2Note.-The word ~to· was inserted by the edilors.

CHAPTER 283

PUBLIC PRINTING AND STATIONERY

283.37 Notice requirements when calling for bids. 283.42 Bids required on class B printing. 283.53 Specified university publications ; activities;

trust funds. 283.55 Public documents; purging of publication mail·

ing lists; copies to State Library.

1283.37 Notice requirements when calling for bids. - The committee shall give reasonable notice of not less than 28 days, by publication in one or more newspapers in the state, of the calling for bids on class A printing in excess of the threshold amount provided in s. 287 .017 for CATEGORY FIVE. Persons wishing to receive notice of the calling for bids for procurements which are equal to or less than the threshold amount provided in s. 287.017 for CATEGORY FIVE shall register with the com· mittee and receive such notice by mail.

Hlatory.-ss. 1. 6. ch. 83-252; s. 2. ch. 86-204. 'Note.-Expires eHective January t. 1989. and is scheduled for review by the Leg·

islature before that date. pursuant to s. 6. ch. 83-252.

1283.42 Bids required on class B printing.-No gen· eral contract shall be let to cover the printing designated as class B, but each job coming under this classification shall be let separately under rules adopted by the divi· sion to the lowest responsible bidder who will manufac· ture the same in accordance with s. 283.35. Such con· tract shall apply only to the work under consideration and shall require competitive bids on all purchases in ex· cess of the threshold amount provided in s. 287.017 for CATEGORY TWO.

History.-ss. 1. 6. ch. 83-252; s. 3. ch. 86-204. 'Note.-Expires eHective January 1. 1989. and is scheduled for review by the Leg·

islature before that date. pursuant to s. 6. ch. 83-252.

1283.53 Specified university publications; activities; trust funds.-

(1) Subject to the approval of the appropriate university, the University of Florida Law Review, the Florida State University Law Review, the Florida State University Journal of Land Use and Environmental Law, and the Florida International Law Journal of the University of Florida are authorized to engage in the following activities relating to their respective publications, notwithstanding the contrary proviSion of any statute, rule, or regulation of the state or its subdivisions or agencies:

(a) The grant of reprint rights relating to any or all issues of the University of Florida Law Review, the Florida State University Law Review, the Florida State University Journal of Land Use and Environmental Law, or the Florida International Law Journal of the University of Florida, or any of the materials, articles, or ideas contained therein;

(b) The sale for adequate consideration of any or all past or future stock and inventory of published issues of the University of Florida Law Review, the Florida State University Law Review, the Florida State University Jour-

nal of Land Use and Environmental Law, or the Florida International Law Journal of the University of Florida, or portions thereof; and

(c) The retention of the proceeds obtained under paragraph (a) or paragraph (b). together with all moneys received by the University of Florida Law Review or the Florida State University Law Review from current or future subscriptions, sale of individual issues, sale of advertising, binding service, royalties, donations, and all other sources except direct or indirect appropriations from the state, its subdivisions, or agencies.

(2) Moneys retained by the University of Florida Law Review pursuant to this section shall be placed in a trust fund to be known as the University of Florida Law Review Trust Fund. Moneys retained by the Florida State University Law Review pursuant to this section shall be placed in a trust fund to be known as the Florida State University Law Review Trust Fund. Moneys retained by the Florida State University Journal of Land Use and Environmental Law pursuant to this section shall be placed in a trust fund to be known as the Florida State University Journal of Land Use and Environmental Law Trust Fund. Moneys retained by the Florida International Law Journal of the University of Florida pursuant to this section shall be placed in a trust fund to be known as the Florida International Law Journal of the University of Florida Trust Fund. Such trust funds shall be used to payor supplement the payment of printing costs or other costs incident to the publication of the respective law reviews 2and law journals and shall be administered by the dean of each college of law or his faculty designee.

History.-ss. 1. 6. ch. 83-252: s. 4. ch. 86-204 . 'Note.-Expires effective January 1. 1989. and is scheduled for review by the Leg·

islature before that date. pursuan t to s. 6. ch. 83-252. 2Note.-The words "and law journals' were added by the editors.

1283.55 Public documents; purging of publication mailing lists; copies to State Library.-

(1 )(a) Every agency defined in paragraph (d) shall , in the first quarter of each odd-numbered year, audit and purge its publication mailing lists.

(b) Every agency defined in paragraph (d) shall provide each addressee the following form in the first quarter of each year:

(Name 01 publicatjon)

Do you wish to continue receiving this publication? Yes _ _ No __

Should your response to this survey not be received by April 30 next, your name will be automatically withdrawn from our mailing list.

Those addressees who respond either shall be maintained or removed from such mailing list in accordance with the responses . Those addressees not responding by April 30 of each purge year shall be removed from such mailing list forthwith . Agencies are prohibited from supplying addressees with postpaid response forms.

(c) Not later than the following June 30, a report shall be submitted by each agency to the office of the Auditor General, which report provides the following information relating to the results of the survey and purge:

1. The number of copies of each publication regu-larly obtained or published by the agency.

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2. The number of addressees on each mailing list. 3. The number of persons responding who indicat

ed their desire to continue to receive such publication. 4. The number of persons responding who indicat-

ed their desire to discontinue receipt of such publication.

5. The number of persons who failed to respond to the survey.

(d) The provisions of this section apply to any agency of the state, except an agency of state government the mailing list of which consists only of those persons registered with the agency and the registration fee of which includes payment by the registrants as subscribers for the publication of the agency.

(2) At the time of publication, or as soon thereafter as practicable, each agency, pursuant to paragraph (1) (d), shall forward not fewer than the number of copies required in s. 257.05 of each of its publications to the State Library of the Division of Library and Information Services of the Department of State.

Hlatory.-ss. 1.6. ch. 83-252: s. 63. ch. 86-163. 1 Note.-Expires eHective January 1. 1989. and is scheduled for review by the Leg·

islature before fhat date. pursuant to s. 6. ch. 83-252.

CHAPTER 284

STATE RISK MANAGEMENT AND SAFETY PROGRAMS

PART II

FLORIDA CASUALTY INSURANCE RISK MANAGEMENT TRUST FUND

284.30 Florida Casualty Insurance Risk Management Trust Fund; coverages to be provided.

284.31 Scope and types of coverages; separate accounts.

284.30 Florida Casualty Insurance Risk Management Trust Fund; coverages to be provided.-A state self-insurance fund, designated as the "Florida Casualty Insurance Risk Management Trust Fund," is created to be set up by the Department of Insurance and administered with a program of risk management, which fund is to provide insurance, as authorized by s. 284.33, for workers' compensation, general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, and court-awarded attorney's fees in other proceedings against the state except for such awards in eminent domain or for inverse condemnation or for awards by the Public Employees Relations Commission. A party to a suit in any court , to be entitled to have his attorney's fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Department of Insurance; and thereafter the department shall be entitled to participate with the agency in the defense of the suit and any appeal thereof with respect to such fees .

History.-s. 1. ch. 72-206: s. 67. ch. 79-40: s. 5. ch. 79- 139: s. 2. ch. 83- 159: s. 77, ch . 86-163.

284.31 Scope and types of coverages; separate accounts.-The insurance risk management trust fund shall , unless specifically excluded by the Department of Insurance, cover all departments of the State of Florida and their employees, agents, and volunteers and shall provide separate accounts for workers' compensation, general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes, and court-awarded attorney's fees in other proceedings against the state except for such awards in eminent domain or for inverse condemnation or for awards by the Public Employees Relations Commission.

Hiatory.-s. 1. ch. 72-206: s. 4. ch. 74-235: s. 68, ch. 79-40: s. 6. ch . 79- 139: s. 3. ch. 83-159: s. 78. ch. 86- 163.

CHAPTER 286

PUBLIC BUSINESS; MISCELLANEOUS PROVISIONS

286.23 Real property conveyed to public agency; disclosure of beneficial interests; notice; exemptions.

286.23 Real property conveyed to public agency; disclosure of beneficial interests; notice; exemptions.

(1) Any person or entity holding real property in the form of a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, except as otherwise provided in this section, shall , before entering into any contract whereby such real property held in representative capacity is sold, leased, taken by eminent domain, or otherwise conveyed to the state or any local governmental unit, or an agency of either, make a public disclosure in writing, under oath and subject to the penalties prescribed for perjury, which shall state his name and address and the name and address of every person having a beneficial interest in the real property, however small or minimal. This written disclosure shall be made to the chief officer, or to his officially deSignated representative, of the state, local governmental unit, or agency of either, with which the transaction is made at least 10 days prior to the time of closing or, in the case of an eminent domain taking, within 48 hours after the time when the required sum is deposited in the registry of the court. Notice of the deposit shall be made to the person or entity by registered or certified mail before the 48-hour period begins.

(2) The state or local governmental unit , or an agency of either, shall send written notice by registered mail to the person required to make disclosures under this section, prior to the time when such disclosures are required to be made, which written request shall also inform the person required to make such disclosure that such disclosure must be made under oath, subject to the penalties prescribed for perjury.

(3)(a) The beneficial interest which is represented by stock in corporations registered with the Federal Securities Exchange Commission or in corporations registered pursuant to chapter 517, whose stock is for sale to the general public, is hereby exempt from the provi-

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sions of this section. When disclosure of persons having beneficial interests in nonpublic corporations or in trusts is required, the corporation or person shall not be required by the provisions of this section to disclose persons holding less than 5 percent of the stock or having less than a 5-percent vested, noncontingent, beneficial interest in the trust.

(b) In the case of an eminent domain taking, any entity or person other than a public officer or public employee, holding real property in the form of a trust which was created more than 3 years prior to the deposit of the required sum in the registry of the court, is hereby exempt from the provisions of this section. However, in order to qualify for the exemption set forth in this section, the trustee of such trust shall be required to certify within 48 hours after such deposit, under penalty of perjury, that no public officer or public employee has any beneficial interest whatsoever in such trust. Disclosure of any changes in the trust instrument or of persons having beneficial interest in the trust shall be made if such changes occurred during the 3 years prior to the deposit of said sum in the registry of the court.

(4) This section shall be liberally construed to accomplish the purpose of requiring the identification of the actual parties benefiting from any transaction with a governmental unit or agency involving the procurement of the ownership or use of property by such governmental unit or agency.

HI8Iory.-ss. 1. 2,3, 4,5, ch. 74-174; s. 1, ch. 77-174 : s. 72, ch. 86-186. cf.-s. 1.01 Defines registered mail to include certified mail with return receipt re

quested.

287.012 287.017

287.055

287.057 287.058 287.062

287.064

287.0641

287 .102

CHAPTER 287

PROCUREMENT OF PERSONAL PROPERTY AND SERVICES

PART I

COMMODITIES, INSURANCE, AND CONTRACTUAL SERVICES

Definitions. Purchasing categories, threshold amounts;

procedures for automatic adjustment by division.

Acquisition of professional architectural, engineering, landscape architectural, or land-surveying services; definitions; procedures; contingent fees prohibited; penalties.

Procurement of contractual services. Contract document. Competitive bids, when required; exception;

deferred-payment purchases. Consolidated financing of deferred-payment

purchases. Agreement not debt or pledge of faith or

credit of state. Class B printing.

287.012 Definitions.-The following definitions shall apply in this part:

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(1) "Agency" means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government.

(2) "Artist" means an individual or group of individuals who profess and practice a demonstrated creative talent and skill in the area of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio, or tape and sound recording or in any other related field,

(3) "Commodity" means any of the various supplies, materials, goods, merchandise, class B printing, equipment, and other personal property purchased, leased, or otherwise contracted for by the state and its agencies. "Commodity" also includes interest on deferredpayment commodity contracts approved pursuant to s. 287.063 entered into by an agency for the purchase of other commodities. However, commodities purchased for resale except class B printing are excluded from this definition.

(4)(a) "Contractual service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services.

(b) "Contractual service" does not include: 1 . Artistic services. 2. Academic program reviews or lectures by indi-

viduals. 3. Auditing services. 4. Legal services including paralegals, expert wit

nesses including appraisal services, and court reporters.

5. Health services involving examination, diagnosis, treatment, prevention, medical consultation, or administration.

6. Services provided to persons with mental or physical disabilities by not-for-profit corporations which have obtained exemptions under the provisions of s. 501(c)(3) of the Internal Revenue Code of 1954 or when such services are governed by the provisions of Office of Management and Budget Circular A-122. However, in acquiring such services, the agency shall consider the ability of the contractor, past performances, willingness to meet time requirements, and price.

7. Medicaid services delivered to an eligible Medi-caid recipient by a health care provider who has not previously applied for and received a Medicaid provider number from the Department of Health and Rehabilitative Services shall be exempt from the provisions of this section. However, this exception shall be valid for a period not to exceed 90 days after the date of delivery of service to the Medicaid recipient and shall not be renewed by the department.


8. Family placement services. 9. Prevention services related to mental health, in

cluding drug abuse prevention programs, child abuse prevention programs, and shelters for runaways, operated by not-for-profit corporations. However, in acquiring such services, the agency shall consider the ability of the contractor, past performance, willingness to meet time requirements, and price.

(c) The acquisition of services from other governmental agencies and the performance of services inhouse, other than those performed by an employee in an authorized position, wherein the rate of pay for the performances of such services does not exceed the rate of pay for an equivalent authorized position, shall not be subject to the provisions of this part. Contracts for types of services included in paragraph (b) shall be subject to the requirements of ss . 112.3185, 287.058, 287.059, 287.094, and the laws relating to the authority of the Comptroller to audit expenditures for contractual services.

(5) "Division" means the Division of Purchasing of the Department of General Services.

(6) "Extension" means an increase in the time allowed for the contract period due to circumstances which, without fault of either party, make performance impracticable or impossible, or which prevent a new contract from being executed, with a proportional increase in the total dollar amount, which increase is to be based on the method and rate previously established in the contract.

(7) "Invitation to bid" means a written solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically defining the commodity , group of commodities, or services for which bids are sought. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously. The invitation to bid is used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities required.

(8) "Minority-owned firm or company" means any legal entity, other than a joint venture, which is organized to engage in commercial transactions and which is at least 51-percent owned and controlled by minority persons. The term "minority person" means a member of a socially or economically disadvantaged group which, for the purposes of this section, includes blacks not of Hispanic origin, Hispanics, American Indians, Alaska Natives, Pacific Islanders, women, and physically or mentally disabled persons. As used in this section, the term "physically or mentally disabled person" means a person who has a physical, mental, or emotional impairment, defect, disease, ailment, or disability of a permanent nature which in any way limits the type of employment for which the person would otherwise be qualified.

(9) "Qualified bidder" or "qualified offeror" means a person who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance.

(10) "Renewal" means contracting with the same contractor for an additional contract period after the initial

contract period, only if pursuant to contract terms specifically providing for such renewal.

(11) "Request for proposals" means a written solicitation for sealed proposals with the title, date, and hour of the public opening designated. The request for proposals is used when the agency is incapable of specifically defining the scope of work for which the commodity, group of commodities, or contractual service is required and when the agency is requesting that a qualified offeror propose a commodity , group of commodities, or contractual service to meet the specifications of the solicitation document. A request for proposals includes, but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work , proposal instructions, and evaluation criteria. Requests for proposals shall state the relative importance of price and any other evaluation criteria.

(12) "Responsive bidder" or "responsive offeror" means a person who has submitted a bid which conforms in all material respects to the invitation to bid or request for proposals.

Hlatory.-s. 22, ch. 69-106; s. 1, ch. 80-374; ss. 4, 8, ch. 82-196; s. 1. ch. 83-99; s. 1, ch . 83-192; s. 1, ch. 84-158; s. 29, ch. 85-349; s. 1, ch. 86-52.

287.017 Purchasing categories, threshold amounts; procedures for automatic adjustment by division.-

(1) The following purchasing categories are hereby created:

(a) CATEGORY ONE: $600. (b) CATEGORY TWO: $3,000. (c) CATEGORY THREE: $6,000. (d) CATEGORY FOUR: $60,000. (e) CATEGORY FIVE: $120,000.

1(2) The division shall adopt rules to annually adjust the amounts provided in subsection (1) based upon the rate of change of a nationally recognized price index. Such rules shall include, but not be limited to, the following:

(a) Designation of the nationally recognized price index or component thereof used to calculate the proper adjustment authorized in this section.

(b) The procedure for rounding results. (c) The effective date of each annual adjustment

based upon the previous calendar year data. (3) Notwithstanding s. 240.225, the State University

System shall be subject to the rules adopted pursuant to this section.

History.-ss. 5, 13, ch. 86-204. 'Note.-Expires January 1, 1992, pursuant to s. 13, ch. 86-204.

287.055 Acquisition of professional architectural, engineering, landscape arChitectural, or landsurveying services; definitions; procedures; contingent fees prohibited; penalties.-

(1) SHORT TITLE.-This section shall be known as the "Consultants' Competitive Negotiation Act."

(2) DEFINITIONS.-For purposes of this section: (a) "Professional services" means those services

within the scope of the practice of architecture, professional engineering, landscape architecture, or registered land surveying, as defined by the laws of the state, or those performed by any architect, professional engineer, landscape architect, or registered land surveyor in

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florida statutes 1985, 1986 supplement volume...5.250.10 1986 supplement to florida statutes 1985...

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