Ch. 255 PUBLIC PROPERTY AND PUBLIC BUILDINGS Ch. 255

rate specifications for each of the following branches of work to be performed:

(1) Heating and ventilating and accessor­ies.

(2) ies.

Plumbing and gas fitting and accessor-

- (3) Electrical installations. (4) Air conditioning, for the purpose of

comfort cooling by the lowering of tempera­ture, and accessories. All such specifications may be so drawn as to permit separate and independent bidding upon each of the classes of work enumerated in the above subdivisions. All contracts hereafter awarded by the state or a department, board, commissioner, or officer thereof, for the erec­tion, construction or alteration of buildings, or any part thereof, may award the respective work specified in the above subdivisions sep­arately to responsible and reliable persons, firms or corporations regularly engaged in their respective line of work; provided, however, that all or any part of the work specified in the above subdivisions may be awarded to the same contractor.

History.-§!, ch. 25397, 1949.

255.042 Shelter in public buildings.-(!) It shall be the policy of the state that

fallout protection be incorporated to the full­est practical extent in all public buildings of the state and its political subdivisions, which would have a floor area capable of sheltering one hundred or more persons in order to pro­vide protection against radiation hazards for the greatest number of persons, including em­ployees of state and local government, in the event of nuclear attack.

(2) Every officer, department, board, agency or commission of the state, or of the political subdivisions thereof, responsible for the preparation of, or contracting for, plans and specifications for new public buildings, or for the substantial modification of or additions to existing public buildings, may require that the architect, architect-engineer firm, or other person or persons involved in the design of such buildings, provide a minimum protection factor of forty-to-one or such protection as is possible within available funds in such de­sign, or provide for consideration at the same time as the basic plan, alternate plans afford­ing this protection.

(3) The department of community affairs shall, in those cases where the architect-engineer firm does not possess the specialized training required for the inclusion of fallout protection in building design and, upon request from the architect-engineer concerned or the responsible state or local agency, provide, at no cost to the architect-engineer or agency, professional development service to increase fallout protec­tion through shelter slanting and cost-reduc­tion techniques.

( 4) Nothing in this act shall be construed as establishing a mandatory requirement for

the incorporation of fallout shelter in the con­struction, modification of, or addition to the public buildings concerned. It is mandatory, however, that the incorporation of such protec­tion be given every consideration through ac­ceptable shelter slanting and cost-reduction techniques. The responsible state or local of­ficial shall determine whether cost, or other related factors, precludes or makes impractica­ble the incorporation of fallout shelter in pub­lic buildings. Further, the department of com­munity affairs may waive the requirement for consideration of shelter in those cases where presently available shelter spaces equal or exceed the requirements of the area concerned.

(5) Nothing in this act shall apply to school buildings erected by the school board.

History.- §! , ch. 67-88 ; ~§ 18, 35, ch . 69-106 ; §1, ch. 69-300.

255.05 Bond of contractor constructing pub­lic buildings; suit by materialmen, etc.-

(1) Any person entering into a formal con­tract with the state or any county, city, or political subdivision thereof, or other public authority, for the construction of any public building for such state, county, city, political subdivision, or public authority, or for the prose­cution and completion of any public work or for repairs upon any building, or public works for such state, county, city, political subdivision, or public authority shall be required, before com­mencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligations that such contractor shall promptly make payments to all persons supplying him labor, ·material, and supplies, used directly or indirectly by the said contractor or subcontractors in the prosecution of the work provided for in said contract; and any person making application therefor and furnishing affidavit to the director of the department of general services when such work is done for the state, or to the other official having charge of such work when such work is done for any county, city, political subdivision, or public authority, that labor, material, or supplies for the prosecution of such work has been supplied by him and payment has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person supplying such labor, material, or supplies shall have a right of action and may bring suit in the name of the state, or the city, county, or political sub­division prosecuting said work, for his use and benefit, against said contractor and sureties, and to prosecute the same to final judgment and execution. Such action and its prosecution shall not involve the state or any county, city or other political subdivisions in any expense.

(2) Any person supplying labor, material or supplies used directly or indirectly in the prosecution of the work to any subcontractor and who has not received payment therefor shall, within ninety days after performance of the labor or after complete delivery of ma­terials and supplies, deliver to the contractor

1307

Ch. 255 PUBLIC PROPERTY AND PUBLIC BUILDINGS Ch. 255

written notice of the performance of such la­bor or delivery of such materials and supplies and the nonpayment therefor, and no action or suit for such labor or for such materials and supplies may be instituted or prosecuted against the contractor unless such notice has been given. No action or suit shall be instituted or prosecuted against the contractor or against the surety on the bond required in this section after one year from the performance of the labor or completion of delivery of the materials and supplies.

History.-§!, ch . 6867, 1915; RGS 3533; §1 , ch. 10035, 1925; CGL 5397; §C Ch. -59-491; §1, cb . . 63-437; §1, eli. 7"1-47. cf.-§337.18 Surety bonds required ; defaults; damage assessment.

255.051 Public bids; check or draft as good faith deposit.-Whenever any form of bid of the state or any county or municipality thereof or any department or agency of the state, county or municipality or any other pub­lic body or institution shall specify that a good faith deposit shall be made by way of a certi­fied check accompanying such bid, such re­quirement shall be satisfied by the bidder de­positing in lieu of such certified check a cashier's check, treasurer's check or bank draft of any national or state bank.

Hlstory.- §1, ch. 27999, 1953.

255.052 Substitution of securities for amounts retained on state contracts.-

(!) Under any contract made or awarded by the state or by any public department or official thereof, the contractor may, from time to time, withdraw the whole or any portion of the amount retained for payments to the con­tractor pursuant to the terms of the contract, upon depositing with the treasurer:

(a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness, or United States treasury bills;

(b ) Bonds or notes of the State of Florida; or

(c) Bonds of any political subdivision in the state ; or

(d) Certificates of deposit from state or national banks in the state. No amount shall be withdrawn in excess of the market value of the securities listed in paragraphs (a), (b ) , and (c) at the time of withdrawal or of the par value of such secur­ities, whichever is lower.

(2) The treasurer shall, on a regular basis, collect ali interest or income on the obliga­tions so deposited, and shall pay the same, when and as collected, to the contractor who deposited the obligations. If the deposit is in the form of coupon bonds, the treasurer shall deliver each coupon as it matures to the con­tractor.

(3 ) Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the amounts retained for payments due the contractor shall be deducted, first from that portion of the amounts retained for which no

security has been substituted, then from the proceeds of any deposited security. In the lat­ter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after such amount has been deducted.

History.- §!, ch . 70-70.

255.053 Payments.-At no time while a building is in the process of construction shall the contracting authority authorize or make pay­ments to the contractor in excess of 90 percent of the amount due on the contract, on the basis of the work completed and materials suitably stored on the site, until 50 percent of the work is completed and the contracting authority determines that sufficient and satisfactory progress has been and is being made. The final payment shall not be made until the building has been inspected by the architect or other person designated by the contracting authority for that purpose and until he has issued a written certificate that the building has been constructed in accordance with the approved plans and specifications and approved change orders and until the contracting authority, acting on these recommendations, has accepted the building. However, at no time shall pay­ments to the contractor exceed 95 percent of the actual amount of work completed.

History.-§!, ch . 71 -258.

255.20 Contracts for public construction works; specification of Florida produced lum­ber.-All county officials, boards of county com­missioners, school boards, city councils, city commissioners and all other public officers of state boards or commissions which are charged with the letting of contracts for public work, for the construction of public bridges, buildings and other structures shall always, price, fitness and quality being equal, specify lumber, timber and other forest products produced and manufac­tured in Florida whenever such products are available. This act shall not apply when ply­wood is specified for monolithic concrete forms. Whenever the structural or service require­ments for timber for a particular job cannot be supplied by native species, this act shall not apply. When construction is financed in whole or in part from federal funds with the require­ment that there be no restrictions as to species or place of manufacture, this act shall not apply.

Hlstory.-§1, ch. 61-495.

255.21 Special facilities for physically handicapped.-Notwithstanding the provisions of any general or special laws to the contrary, all plans and specifications for the construc­tion of public buildings by the state or any county or municipality, or any public admin­istrative board or authority, shall provide facil­ities and features for the physically impaired, insofar as is financially feasible in the sole opinion of said contracting authority, the said authority shall conform same, insofar as pos­sible and reasonable, in their sole discretion,

1308

Ch. 255 PUBLIC PROPERTY AND PUBLIC BUILDINGS Ch. 255

with the "American Standard Specifications for Making Buildings and Facilities Accessible To, and Usable by, the Physically Handicapped" (U.S. Patent A117.1-1961), as approved October 31, 1961, by the American standards associa­tion.

Blstory.-§1, ch. 65-493.

255.211 Special symbol may be dis-played.-All state-owned buildings providing facilities for wheelchair users, including, but not limited to, entrance and exit facilities, shall display at all entrances the inter­nationally recognized symbol for wheelchair users.

History .-§ 1, ch . 70-403 .

255.22 Reconveyance of lands not used for purpose specified.-In event any party owning adjoining land, shall convey real property, without receipt of valuable consideration, to any municipality or county for a specific pur­pos~ or use and if such county or municipality shall fail to use such property for such pur­pose for a period of sixty consecutive months, then in that event upon written demand of the grantor, or grantor's successors in title own­ing such adjoining land, the municipality or county may execute and deliver a quit claim deed to the party making such demand pro­vided such party is the owner of land adjoin­ing such property on at least one side. No such quit claim deed shall be delivered hereunder unless the specific purpose or use to be made of the property was disclosed to the grantee at the time of delivery of the conveyance or appeared in the conveyance or an official re­cord of the county; provided however, that as to any such conveyance after July 1, 1967, the specific purpose or use must appear of rec­ord.

History .-§1, ch. 67-383.

255.23 Conclusive presumption of abandon­ment of purpose in certain circumstances.-In event the purpose for which the property was conveyed required physical improvement or construction on such property or the mainte­nance thereof, any such municipality or coun­ty, failing to construct, improve or maintain

such property for the period above specified, shall be conclusively deemed to have aban­doned the property for the purpose for which it was conveyed.

History.-§2, ch. 67-383.

255.24 Safety of capitol building.-The division of building construction and mainte­nance of the department of general services shall develop a comprehensive and long range plan for:

(1) The permanent safety of the capitol building and its inhabitants, including the in­stitution of programs for the training of mem­bers of the legislature, employees of the legis­lature, and all others employed in the capitol building, as well as visitors to the capitol building in fire prevention and safety;

(2) Making the necessary alterations to the capitol building to insure the health, safety and welfare of its occupants in the case of fire or other disaster;

(3) The development of evacuation routes in the event of fire or other disaster;

(4) The promulgation of statement of emergency procedures in the event of disaster;

(5) Making the location of evacuation routes known to those in the capitol building and all other programs necessary for the ade­quate safety of the public, members of the leg­islature and other employees in the capitol building.

History.-§§1·3, ch. 67-605; §§22, 35, ch. 69-106; §70, ch. 71-377.

255.25 Approval of division of building con­struction and maintenance prior to construction or lease of buildings.-

(!) No state agency shall construct a build­ing for state use unless prior approval of the architectural design and preliminary construc­tion plans is first obtained. from the division of building construction and maintenance of the department of general services.

(2) No state agency shall lease a building or any part thereof for state use unless prior approval of the lease conditions and of the need therefor is first obtained from the division of building construction and maintenance.

Blstory.-§22, ch. 69-106.

1309

Ch. 256 STATE, UNITED STATES AND CONFEDERAT~ FLAGS Ch. 256

CHAPTER 256

STATE, UNITED STATES AND CONFEDERATE FLAGS

256.01 Flag of United States to be displayed. 256.011 Display of flag on election day. 256.02 Certain officers to provide flag. 256.031 Department of state custodian of state

flag. 256.032 Display of state flag at public schools. 256.05 Improper use of state or United States

flag, or other symbol of authority.

256.01 Flag of United States to be displayed. -The flag of the United States shall be dis­played daily when the weather permits, from a staff upon the state capitol and upon each county courthouse.

Hlatory.-§1, ch. 7369, 1917; RGS 1206; CGL 1683. cf.-§228.06 Display of flag on school buUdlu&s.

256.011 Display of flag on election day.­(1) The board of county commissioners of

each county in this state shall provide a flag of the United States for each polling place in the county. The flag shall be displayed properly and prominently at all designated polling places on all days when an election is being held.

(2) The board of county commissioners of each county in the state shall make the flags available to each municipality or governmental body holding an election within such county for each election held for any such municipality or governmental body within such county. The municipality or governmental body shall have the responsibility of properly and prominently displaying the flag at each such polling place on all days when an election is being held and shall bear the expense of displaying the flag of the United States.

(3) Each board of county commissioners is authorized to purchase a sufficient number of flags to carry out the purpose of this act out of the general revenue fund of each such coun­ty.

Bistory.-§1, ch. 63-227.

256.02 Certain officers to provide flag.-The officer charged with the maintenance or upkeep of the buildings mentioned in §256.01 shall pro­vide suitable flags and cause them to be dis­played, the expense to be borne out of the funds provided for the upkeep and maintenance of said buildings.

Hlatoey.-§2, ch. 7369, 1917; RGS 1207; CGL 1684.

256.031 Department of state custodian of state flag.-The department of state is the cus­todian of the official state flag.

History.-§1, ch. 29747, 1955; !UO. 35, ch. 69-106. Note.--Simllar provisions In former §256.03.

256.032 Display of state flag at public schools.-The state flag shall be displayed at a suitable place and in the appropriate manner on the grounds of each elementary and sec-

256.051 Improper use or mutilation of state or confederate flag or emblem prohib­ited.

256.06 Mutilation or disrespect of state or United States flag.

256.07 Exceptions. 256.08 Definition. 256.09 Penalty. 256.10 Mutilation of or disrespect for confed­

erate flags or replicas. ondary public school. The school boards shall furnish flags whenever necessary.

Hlstory.-§1, ch. 65-200; §1, cb. 69-300 .

256.05 Improper use of state or United States flag, or other symbol of authority.-No person shall, in any manner, for exhibition or display:

(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or ad­vertisement of any nature upon any flag, stand­ard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or this state; or

(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached. appended, affixed or annexed any such word. figure, mark, picture, design, drawing or ad­vertisement.

Hlatory.-§§1-3, ch. 1'819, 1919; 11, ch. 9326, 1923; CGL 8117, 8118; §1, cb. 57-74.

256.051 Improper use or mutilation of state or confederate flag or emblem prohibited.-

(!) From and after July 1, 1961, it shall be unlawful for any person, firm or corporation to copy, print, publish or otherwise use the flag or state emblem of Florida, or the flag or emblem of the confederate states, or any flag or emblem used by the confederate states or the military or naval forces of the confederate states at any time within the years 1860 to 1865, both inclusive, for the purpose of advertising,' selling or promoting the sale of any article of merchandise whatever within this state.

(2) It shall also be unlawful for any person, firm or corporation to mutilate, deface, defile or contemptuously abuse the flag or emblem of Florida or the flag or emblem of the confederate states by any act whatever.

(3) Nothing in this section shall be con­strued to prevent the use of any flag, standard, color, shield, ensign or other insignia of Florida or of the confederate states for decorative or patriotic purposes.

History.-§§ 1-3, ch. 61-375.

256.06 Mutilation or disrespect of state or United States flag.-N o person shall publicly mutilate, deface, defile, defy, trample upon, or

1310

Ch. 256 STATE, UNITED STATES AND CONFEDERATE FLAGS Ch. 256

by word or act cast contempt upon any such flag, standard, color, ensign or shield.

Hletory.-§§1-3, ch. 7819, 1919; 11, ch. 9325, 1923; CGL 8117, 8118. c! .- §779.21 Public mutilation of flag.

256.07 Exceptions.-Sections 256.05 and 256.06 shall not apply to any act permitted by the statutes of the United States or of this state, or by the United States army and navy regulations, nor shall it apply to any printed or written document or production, stationery, ornament, picture or jewelry whereon shall be depicted said flag, standard, color, ensign or shield with no design or words thereon.

Hlstory.-New in Florida statutes. 1941; §7, cb. 22858, 1945; §2, cb. 57-74.

256.08 Definition.-The words flag, stand­ard, color, ensign or shield, as used in §§256.05-256.07, shall include any flag, standard, color, ensign or shield, or copy, picture or represen­tation thereof, made of any substance or rep­resented or produced thereon, and of any size,

1311

evidently purporting to be such flag, standard, color, ensign or shield of the United States or of this state, or a copy, picture or representa­tion thereof.

History.-New in Florida statutes, 1941.

256.09 Penalty.-Any person violating the provisions of §256.05 or §256.06 shall be guilty of a misdemeanor of the second degree, punish­able as provided in §775.082 or §775.083.

History.-§§I -3, ch. 7819, 1919; §I , ch . 9325, 1923; CGL 8117, 8118; §155, ch. 71-136.

256.10 Mutilation of or disrespect for con­federate flags or replicas.-No person shall publicly mutilate, deface, defile, defy, trample upon, or by word or act cast contempt upon the flags of the confederacy, or replicas thereof, for crass or commercial purposes; provided how­ever nothing contained herein shall be con­strued to prevent or prohibit the use of such flags for decorative or patriotic purposes.

History.-§ 1, cb. 61-115.

Ch. 257 STATE LIBRARY Ch. 257

CHAPTER 257

STATE LIBRARY

257.01 257.02 257.031

257.04

257.05

257.06 257.08

257.12

257.13

State library; creation; administration. Members of council; appointment. Organization of council; appointment

of state librarian. Publications, etc., received to consti­

tute part of state library; powers and duties of division.

Copies of reports of state departments furni shed division.

Biennial report of division. Division to submit budget to legisla­

ture for appropriations. Division of library services authorized

to accept, etc., federal funds. Definitions; §§257.14-257.25.

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 state library services of the department of state. There shall be an advisory council to the division consisting of thirteen members to be known as the state li­brary council.

History.- §! , ch . 10278, 1925; CGL 1687; §1, ch . 63-39; §§ 10, 35, ch . 69-106; §21, ch. 69-353; §! , ch. 70-250; §1, ch . 71-279.

257.02 Members of council; appointment.­(1) The members of the council shall be

appointed by the <_iepartment of state. Of the members first appointed, four shall be ap­pointed for terms of two years, four for terms of three years, and five for terms of four years. Subsequent appointments, except for filling vacancies, shall be for the full term of four yea rs . Vacancies shall be for the period of the unexpired term.

(2) Members of the council shall serve without compensation but shall be entitled to receive reimbursement for traveling expenses as provided in §112.061. The council shall meet a minimum of four times a year.

(3) The department of state may, in mak­ing appointments, consult the Florida libra ry association and related organizations for sug­gestions as to person s having special knowl­edge and interest concerning libraries.

History .- §2, ch . 10278 , 1925; CGL 1688 ; §2, ch . 63-39 : §1 9, ch. 63-400 ; \!1 0, 35 , ch . 69-106 ; §21 , ch . 69- 353; §2, ch . 70 -250; §1 , ch. 70-439; §1 , ch . 71-279.

257.031 Organization of council; appoint­ment of state librarian.-

(1) The officer s of the st ate library coun­cil shall be a chairman, elected from the mem­bers thereof, and a secretary, who shall be li­brarian of the state library and who shall be a person trained in modern library methods, not a member of the council. The state li­bra rian shall be appointed by the department of state and shall serve as the director of the division of state library services of the department of state. The department of state may, in making the appointment of state li-

257.14

257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22

257.23 257.24 257.25

Division of library services; rules and regu Ia tions.

Division of library services; standards. Reports. Operating grants. Equalization grants. Establishment grants. Determination of municipal fiscal year. Maximum grants allowable. Division of library services; allocation

of funds . Application for grant. Use of funds. Free library service.

bra rian, 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 di­

vision's financial transactions; (c ) Have charge of the work of the di­

vision in organizing 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 department of state.

Hlstory.-§4, ch . 70-250; §1, ch . 70-439 .

257.04 Publications, etc., received to consti­tute part of state library; powers and duties of division.-

(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 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 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 as­sistance, advice and counsel to all school, state institutional, 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 them, selecting and cataloging books, and other details of library management.

(3) 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

1312

Ch. 257 STATE LIBRARY Ch. 257

formed. It may conduct courses of library in­struction and hold librarians' institutes in vari­ous parts of the state.

( 4) Said division shall perform such other services in behalf of the state public libraries as it may consider for the best interest of the state.

Hlstory.-§4, ch. 10278, 1925; CGL 1690; §4, ch. 63-39; 1110, 35, ch. 69-106; §21, ch. 69-353 .

257.05 Copies of reports of state depart­ments furnished division.-

(1) A "public document" as referred to in this section shall be defined as any annual, bi­ennial, regular or special report or publication of which at least five hundred copies are printed and which may be subject to distribu­tion to the public.

(2) Each and every state official, state de­partment, state board, state court or state agency of any kind, issuing public documents shall furnish the division of library services of the department of state twenty-five copies of each of those public documents, as issued, for deposit in and distribution by the division. How­ever, if the division shall so request, as many as twenty-five additional copies of each public document shall be supplied to it.

(3) It shall be the duty of the division to: (a) Designate university, college and pub­

lic libraries as depositories for 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 is author­ized to 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.

(4) The division shall also be furnished by any state official, department or agency having charge of their distribution, as issued, bound journals of each house of the legislature; bien­nial or other acts of the legislliture, both local or special and general; annotated acts of the legislature; and revisions and compilations of the Laws of Florida. The number of copies fur­nished shall be determined by requests of the division, which number in no case shall exceed twenty-five copies of the particular publication and, in the case of legislative acts, annotated legislative acts, and revisions and compilations of the laws, not more than two copies.

(5) In any case in which any state official, state department, state board, state court, or state agency of any class or kind has more than ten copies of any one kind of publication from time to time heretofore issued, he or it shall, upon request of the division, supply said divi­sion with one copy of each such publication for deposit in the state library.

History.-~5, ch. 10278, 1925; CGL 1691 ; §1, ch. 22064, 1943; §1, ch. 21758, 1943 ; §4, ch. 63-39; §1, ch. 67-223; §§10, 35, ch. 69-

106 ; §21, ch. 69-353. ct.-f283.15 Journala of the lealalature.

257.06 Biennial report of division.-The di• vision of library services of the department of state shall, prior to March 1 of each year during which shall be held a regular session of the legislature, make a biennial report to the gover­nor, which report shall show the condition of the state library and library conditions and progress in Florida and shall contain a detailed statement of the expenses of the division. This report, when printed, shall be presented to the legisla­ture and distributed by the division. This report and other printing and binding for the division shall be printed under the same regulations as other reports of the executive officers of the state.

Hlstory.-§6, ch. 10278, 1925; CGL 1692; §4, ch. 63-39; 1110, 35, ch. 69-106; §21, ch. 69-353.

257.08 Division to submit budget to legisla­ture for appropriations.-To carry out the provisions of this chapter, the division shall sub­mit to the department of state its budget for maintenance as a basis for appropriations.

Hlstory.-§8, ch. 10278, 1925; CGL 1694; 14, ch. 63-39; 1110, 35, ch. 69-106; §21, ch. 69-353.

257.12 Division of library services author­ized to accept, etc., federal funds.-

(1) The division of library 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.

Hlstory.-§§1, 2, ch. 26976, 1951; §4, ch. 63-39; 1110, 35, ch. 69-106; §21, ch. 69-353.

257.13 Definitions; §§257.14-257.25.-The fol­lowing terms, when used in §§257.14-257.25 or the rules, regulations and orders made pursuant hereto, shall be construed, respectively:

(1) Population means the latest reliable an­nual estimate of midyear population made by some state agency which is approved by the di­vision of library services of the department of state.

(2) Library unit means all libraries operat­ing under a single administration in any given area of the state wherein there is county par­ticipation.

History.-§!, ch. 61-402 ; §4, ch. 63-39; §§10, 35, ch. 69-106; §21, ch. 69-353.

257.14 Division of library services; rules and regulations.-The division of library serv­ices may make all necessary and reasonable rules

1313

Ch. 257 STATE LIBRARY Ch. 257

and regulations to carry out the provisions of §§257 .13-257.25.

Hlstory.-§2, ch . 61-402; §4, ch. 63-39; §§10, 35, ch. 69-106; §21, ch. 69·353 .

257.15 Division of library services; stand­ards.-The division of library services shall establish reasonable and pertinent operating standards for public libraries under which coun­ties maintaining a free library or free library service by contract shall be eligible to ·receive state moneys.

History.-§3, ch. 61-402 ; §4, ch. 63-39; §§10, 35, cb. 69-106; §21, ch. 69-353 .

257.16 Reports.-All library units receiving grants under §§257.13-257.25 shall file with the division of library services on or before Decem­ber 1 of each year a financial report on its operations and furnish the said division with such other information as said division may re­quire.

History.- H . ch. 61-402; §4, ch. 63-39 ; §§10, 35, ch. 69-106 ; §21 , ch. 69-353.

*257.17 Operating grants.-Any county which establishes or maintains a free library, or which gives or receives free library service by contract with a municipality or nonprofit library corporation or association within said county, shall be eligible to receive an annual operating grant of not more than twenty-five per cent of all funds appropriated for the same fiscal year by said county, or by said county and munici­pality or nonprofit library corporation or asso­ciation, for the operation and maintenance of a library unit; any county which joins with one or more counties to maintain a free library or contracts with another county or with a munici­pality in another county to receive free library service, shall be eligible to receive an annual operating grant of not more than twenty-five per cent of the funds which said county ap­propriates for the operation and maintenance of a jointly maintained free library unit or free library service; provided, that no county shall be eligible to receive a grant unless the total operating budget of the library unit is at least twenty thousand dollars; and provided further, that no grant shall exceed twenty-five cents per capita of said county's population. Every county shall be limited to receive a total of fifty thou­sand dollars of state funds for operating grants during any one year.

Blstory.-§5, cb. 61-402. 'Note.-Section 1, item 919, ch. 71-357, general appropria tions act,

fi scal year 197 1-72, provides tha t the limitation of $50,000 to tal gra nts per county a s provided in §257.17 shal l be of no force and effect during fiscal year 1971-72, and tha t notwi thstanding the provisions of §257.17 municipal libraries whose services are a vailable to entire county and which meet minimum standards established by the depa<tmen t of sta te a re eligible for gran ts.

257.18 Equalization grants.-Any county qualifying for an operating grant in which the appropriation for the library unit from all local sources is equivalent to the yield of a one mill county tax or one dollar per capita, whichever is less, and whose relative per capita index of taxpaying ability base·d on one dollar per capita is less than one dollar, shall be eligible

to receive an equalization grant computed by multiplying the population of the county by the difference between one dollar and the relative per capita index of taxpaying ability. The relative per capita index of taxpaying ability shall be computed annually for each county by multiplying the county index of taxpaying ability determined under *§236.071, by the popu­lation of the state and by one dollar and divid­ing the result by the population of the county.

HistorJ.-§6, ch. 61-402. •Note.-§236.071 repealed by §2, ch. 69-1735.

257.19 Establishment grants.-Grants for the establishment or extension of library service may be paid for one year only to any county joining a regional library or to two or more counties forming a regional library or to any county contracting with a municipal library having a municipal budget of over twenty thousand dollars. An establishment grant shall equal, and be in addition to, the total grant (operating and equalization) to which a county is otherwise entitled, provided that no estab­lishment grant shall exceed twenty thousand dollars.

HlstorJ.-§7, ch. 61-402.

257.20 Determination of municipal fiscal year.-Where county and municipal fiscal years do not coincide, the municipal appropriation for the municipal fiscal year ending during the county fiscal year for which grants are given shall be used for calculating the grant.

HlstorJ.-§8, ch. 61-402.

257.21 Maximum grants allowable.-Any re­duction in grants because of insufficient funds shall be prorated on the basis of maximum grants allowable.

Hlstor,..-§9, ch. 61-402.

257.22 Division of library services; alloca­tion of funds.-The moneys herein appropri­ated, and any moneys that may be hereafter appropriated for use by counties maintaining a free library or free library service, shall be administered and allocated by the division of library services in the manner prescribed by law. On or before November 1, for the current year, and on or before November 1 of each year thereafter, the division shall certify to the comptroller the amount to be paid to each county and the comptroller shall issue warrants to the respective boards of county commissioners for the amount so allocated.

History.- §10, ch. 61-402; 14, ch. 63-39; 1§10, 35, ch. 69-106; §21, ch. 69-353.

257.23 Application for grant.-The board of county commissioners of any county desiring to receive a grant under the provisions of §§257.13-257.25 shall apply therefor to the division of li­brary services on or before October 1, for the current year, and on or before October 1, of each year thereafter, on a form to be provided by said division. In said application, which shall be signed by the chairman of the board of county commissioners and attested by the clerk of the

1314

Ch. 257 STATE LIBRARY Ch. 257

circuit court, the board of county commissioners shall agree to observe the standards established by the division as authorized in ~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.

History.-§11, ch. 61-402 ; §4, ch. 63-39; §§10, 35, ch. 69-106; §21, ch. 69-353.

257.24 Use of funds.-State funds allocated to any county for a free library or free library service shall be expended only for library pur-

poses in the manner prescribed in *chapter 150, provided that such funds shall not be expended for the purchase or construction of a library building or library quarters.

Hlstor:r.-§12, ch. 61-402. •Note.-Ch. 150 repealed by §3, ch. 71-14.

257.25 Free library service.-The service of books in libraries receiving state funds shall be free and shall be made available to all persons living in areas taxed for library purposes.

Hlotor:r.-113, cb. 81-402.

1315

Ch. 258 STATE PARKS AND PRESERVES Ch. 258

CHAPTER 258

258.08

258.09 258.10

STATE PARKS AND PRESERVES

Guide meridian and base parallel park 258.19 Definitions. located. 258.20 Types of wilderness areas.

Rau::;cher park designated. 258.21 Use of areas. Division of recreation and parks to 258.22 Selection of wilderness areas.

supervise and maintain Rauscher 258.23 Authorization to acquire lands. park. 258.24 Size.

Land ceded for Royal Palm state 258.25 Number. 258.11

258.12

258.14

258.15

258.16 258.17 258.18

park; proviso. 258.26 Priority of establishment. Additional lands ceded for Royal Palm 258.27 Competing uses.

state park. 258.28 Interagency advisory committee. Royal Palm state park and endowment 258.29 Atlas of areas.

lands exempt from taxation. 258.30 Rules and regulations. St. Michael's cemetery designated a 258.31 Signs and markers.

state park. 258.32 Withdrawal of lands from system. Boca Ciega Bay aquatic preserve. 258.33 Reports of governmental units as to Short title. suitability of lands owned by them Statement of legislative intent. for inclusion in system.

258.08 Guide meridian and base parallel park located.-Guide meridian and base paral­lel park, a park for the perpetuation and preservation of the point or place from which the state was surveyed, is established and lo­cated in Tallahassee, Leon county, on a parcel of land one-half acre square, having for its center the intersection of the guide meridian and the base parallel of Florida, more particu­larly described as follows, to-wit:

One-eighth of an acre in the form of a square, in the northwest corner of section six in township one south, range one east; one­eighth of an acre in the form of a square, in the southwest corner of section thirty-one in township one north, range one east; one­eighth of an acre in the form of a square, in the southeast corner of section thirty-six in township one north, range one west; and one­eighth of an acre in the form of a square in the northeast corner of section one in township one south, range one west.

Hlstory,-§1, ch. 10188, 1925; §11, 2, ch. 11902, 1927; CGL 1740, 1742, 1743.

258.09 Rauscher park designated.-There is designated and established as a state park to be known as Rauscher park, in Escambia county, the lands lying between the Big La­goon and the Gulf of Mexico, now owned by Escambia county, or hereafter acquired by Escambia county, adjacent or contiguous there­to, from private owners or from the United States government; and the board of county commissioners of Escambia county, may exe­cute proper conveyance to the board of com­missioners of state institutions covering the property now owned by Escambia county, as aforesaid, and said board of county commis­sioners of Escambia ·county, may acquire in the name of the division of recreation and parks of the department of natural resources any property adjacent or contiguous thereto, from private owners or from the United States government; and said division may

accept in the name of the state the title to any such lands, whether from said Escambia coun­ty, or whether same be property acquired from private owners or the United States government.

History.-§!, ch. 19345, 1939; §§25, 35, ch . 69-106.

258.10 Division of recreation and parks to supervise and maintain Rauscher park.-After the conveyance of said lands and such addi­tional land as may, from time to time, be ac­quired, under the provisions of §258.09, said lands shall be deemed and held to be a state park, under the supervision of the division of recrea tion and parks of the department of natura l resources, and the said division is charged with the duty of providing for the development, care, upkeep, maintenance and beautification of said Rauscher park.

History.-!2, ch . 19345, 1939 ; §24, ch. 57-1; §! 25, 35, ch. 69-106.

258.11 Land ceded for Royal Palm state park; proviso.-Section fifteen, and the north half of section twenty-two of township fifty­eight south, range thirty-seven east, situated in Dade county, is ceded to the Florida fed­eration of women's clubs and de'signated as the "Royal Palm state park," to be cared for, protected, and to remain in the full pos­session and enjoyment, with all the possessory rights and privileges thereunto, belonging to the Florida federation of women's clubs, for the purpose of a state park, for the benefit and use of all the people of Florida, perpetu­ally; provided, that the Florida federation of women's clubs shall procure a deed to nine hundred sixty acres of land in Dade county, in the vicinity of said state park, suitable for agricultural purposes, conveying to said Florida federation of women's clubs fee simple title thereto, said land to be used as an endowment for the perpetual use and benefit of the said park, its protection, improvement and the beautifying thereof, including the construction of roads and other improvements,

1316

Ch. 258 STATE PARKS AND PRESERVES Ch. 258

either in kind or by the use of the rents and profits accruing therefrom, or the proceeds of sale thereof or any part of said endowment tract.

Hlatory.-§1, ch. 6949, 1915; RGS 1210; CGL 1701.

258.12 Additional lands ceded for Royal Palm state park.-For the use and benefit of all the people of the state, the state cedes to the Florida federation of women's clubs the south half of section ten, southwest quarter of section eleven, west half of section four­teen, west half of section twenty-three, south half of section twenty-two, northwest quar­ter of section twenty-seven, north half of section twenty-eight, and northeast quarter of section twenty-nine, township fifty-eight south, range thirty-seven east, situated in Dade county, as additional acreage to "Royal Palm state park," to be cared for and remain in the full possession and enjoyment of said Florida federation of women's clubs, with all the pos­sessory rights and privileges to the same be­longing or in any wise appertaining; pro­vided, that said land is granted to the said Florida federation of women's clubs upon the express condition that said land and every part thereof shall be used as a state park for the use and benefit of all the people of Florida, and for no other purpose; and in the event said grantee shall permit or suf­fer the use of said land for any other purpose, or shall discontinue the use thereof for such purpose, such misuse or discontinuance shall operate as a defeasance and said land and every part thereof shall revert to the state.

Hlator:r.-11, ch. 8577, 1921; CGL 1706.

258.14 Royal Palm state park and endow­ment lands exempt from taxation.-The lands described in §§258.11 and 258.12 as the Royal Palm state park, and the lands conveyed, and to be conveyed to the Florida federation of women's clubs as an endowment for the use and benefit of said state property, are exempt from the payment of state, county, municipal, or any special assessment or any assessment of taxes.

JUatery.-13, ch. 8HI, 18111; RG8 1212; 12, ell. 111'1'1, 1821; CGL 1704, 1708.

258.15 St. Michael's cemetery designated a state park.-

(1) St. Michael's cemetery in Pensacola, upon the acceptance by the state board of parks and historic memorials of the convey­ances, transfers and assignments hereinafter provided, be and the same is designated and declared to be a state park.

(2) The state board of parks and historic memorials be and it is hereby authorized to accept and require, prior to assuming any duties in connection with said St. Michael's cemetery, such conveyances, transfers and as­signments as the state board of parks and historic memorials shall deem necessary in order to exercise dominion and control of the said cemetery; provided, however, the state

board of parks and historic memorials shall pay no consideration for any such conveyances, transfers and assignments, but may accept such conveyances, transfers and assignments subject to such reasonable conditions that the board determines do not interfere with the operation of the said cemetery as a state park.

(3) After the state board of parks and historic memorials has received transfers, con­veyances and assignments satisfactory to it, the division of recreation and parks of the department of natural resources shall take charge of, manage and operate the said ceme­tery and shall be authorized to make such reasonable rules and regulations with respect to the said cemetery as the said division shall deem necessary for the orderly operation, pro­tection and preservation of said cemetery; provided, however, this section shall not be construed to prevent, and no rule and regula­tion shall be made which will prevent, the continued interment of bodies in the cemetery lots which are privately owned.

Hlstory.- 11 1-3, ch. 25464, 1949 ; §§25, 35, ch . 69-106.

258.16 Boca Ciega Bay aquatic preserve.­(!) Boca Ciega Bay, in Pinellas county, as

hereinafter described, is designated and estab­lished as an aquatic preserve under the pro­visions of this section. It is the intent of the legislature that Boca Ciega Bay be preserved, insofar as possible, in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.

(2) (a) For the purposes of this section, Boca Ciega Bay, sometimes referred to in this section as the preserve, shall be comprised of that body of water in Pinellas county which lies south of the state road 688 bridge at, or near, Indian Rocks Beach and within the area enclosed by a line as follows: Beginning at a point where the east end of said bridge crosses the western shoreline of mainland Pinellas county and extending in a generally southerly direction along the western shoreline of main­land Pinellas county to the west end of the Seminole Bridge following the bridge easterly to exclude Long Bayou and Cross Bayou, thence in a southerly direction including the western shoreline of the Sunshine Skyway causeway and extending to the southern boundary of Pinellas county, thence westerly along the Pinellas county line and around Mullet Key along a line one hundred yards seaward of the shore­line of Mullet Key and northerly along a line passing one hundred yards to the west of the shorelines of Summer Resort Key, Cabbage Key and Shell Key to the southernmost point of Long Key, thence in a generally northerly direction along the inner shoreline of Long Key, Treasure Island and Sand Key to a point where the west end of the state road 688 bridge crosses the inner shoreline of Sand Key, thence easterly along the south side of said bridge to the point of beginning. The boundary of the preserve designated as the

1317

Ch. 258 STATE PARKS AND PRESERVES Ch. 258

s}loreline shall mean the line of mean high water along such shoreline.

(b) The preserve established by this section shall include the submerged bottom lands, the water column upon such lands, and the islands owned by the state within the boundaries of the preserve. Any privately held land or sub­merged land within the established bulkhead lines or privately held islands within the pre­serve shall be deemed to be excluded therefrom. The board of trustees of the internal improve­ment trust fund may negotiate an arrangement with any such private owner whereas such lands or water bottoms may be included within the preserve.

(3) The board of trustees of the internal im­provement trust fund are hereby directed to maintain Boca Ciega Bay as an aquatic pre­serve subject to the following provisions:

(a) No further sale, transfer or lease of sovereignty submerged lands within 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 or when the overwhelming public interest so demands.

(b) No further dredging or filling of sub­merged lands within 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;

2. Such other alteration of physical con­ditions as may be necessary to enhance the quality or utility of the preserve as deter­mined by the Pinellas county water and navi­gation control authority in a public hearing; and _ _ __

3. Such dredging as is necessary for the purpose of eliminating conditions hazardous to the public health or for the purpose of elim­inating stagnant waters, unsightly mud flats, islands, and spoil banks the dredging of which would enhance the aesthetic quality and utility of the preserve and is clearly in the public interest as determined by the Pinellas county water and navigation control authority in a public hearing.

There shall be no dredging beyond the bulk­head line for the sole purpose of providing fill for upland or submerged land within the bulk­head line. In addition there shall be no drilling of wells, excavation for shell or minerals, and no erection of structures (other than docks), within the preserve, unless such activity is associated with activity authorized by this section.

(c) 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.

( 4) (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; and

2. Regulation of human activity within the preserve in such a manner as not to interfere unreasonably with such lawful and traditional public uses of the preserve 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.

(5) Neither the establishment nor the man­agement of the Boca Ciega 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, bridges, causeways, and sim: ilar purposes may be permitted by the board of trustees: subject to the provisions of any other applicable laws under the jurisdiction of other agencies.

(6) Nothing herein shall be construed to deprive the Pinellas county water and navi­gation control authority of its jurisdiction powers and duties. '

Blstory.-§§1-6, ch. 69-342; §§27, 35, ch. 69-106.

258.17 Short· title.-Sections 258.17-258.-33 shall be known and may be cited as "State Wilderness System Act."

History .-11 , ch. 70-355.

258.18 Statement of legislative intent.­It is the legislative intent to establish a state wilderness system consisting of designated wilderness areas which shall be set aside in permanent preserves, forever off limits to in­compatible human activity. These areas shall be dedicated in perpetuity as wilderness areas and shall be managed in such a way as to pro­tect and enhance their basic natural qualities for public enjoyment and utilization as re­minders of the natural conditions that pre­ceded man.

History.-*2. ch . 70-355.

258.19 Definitions.-As used in §§258.17-258.33:

(1) "Wilderness area" means an area formally set aside for preservation essentially in its natural or existing condition by reg­ulating all activity which might have an effect on it.

(2) "Biological type" means a wilderness area set aside to promote certain forms of animal or plant life or their supporting hab­itats.

(3) "Aesthetic type" means a wilderness area set aside to preserve certain scenic qual­ities or amenities.

(4) "Scientific type" means a wilderness area set aside to preserve certain features, qualities, or conditions, which may or may not

1318

Ch. 258 STATE PARKS AND PRESERVES Ch. 258

include biological and aesthetic, for scientific and educational purposes.

(5) "Board" means the board of trustees of the internal improvement trust fund.

History.- §3, ch. 70-355; §1, ch. 70-439.

258.20 Types of wilderness areas.-Each wilderness area shall be characterized as being of one or more of the following principal types:

(1) Biological. (2) Aesthetic. (3 ) Scientific.

History.-§4, ch. 70-355 .

258.21 Use of areas.-(! l Wilderness a reas may be available for

use by the public to the extent compatible with the purposes for which the areas are estab­lished for the following activities:

(a) Hiking; (b) Bathing; (c ) Fishing; (d) Boating; ( e ) Hunting; (f ) Picnicking; (g ) Sight-seeing; (h) Camping; (i) Nature study; and ( j ) Resea rch. (2) Wilderness areas may also be des­

ignated for use f or, but not limited to, the following purposes :

(a) Water storage; (b) Groun~ water recharge areas; (c) Estuanne and marsh systems· and (d) Fish and game breeding grot;nds a nd

refuges. History.-~ 5. ch. 70-355 .

258.22 Selection of wilderness areas.­(! ) The board sha ll, upon recommendation

of the state agen cy whi ch manages any lands involved and after publi c notice and public hearing in each county in which the area is to be located, establi sh wilderness area s, formally setting aside s uch areas by proper resolution.

(2) The resolution establishing a wilder­ness area shall in clude the following:

(a ) A legal desc ription of the area to be in cluded ;

(b) Dedication in perpetuity of the area; (c) Des ign a tion of the type of wilderness

a rea being established and a general state­ment of what is sought t o be preserved; and

(d ) A clear sta tement of the management responsibilities for the area.

(3) Such resolutions shall be filed for rec­ord in each county in which a portion of the wilderness area is located.

(4) Lands, submerged or otherwise, owned by the board may, upon recommendation of the s tate agen cy which manages such lands, be in­cluded in wilderness areas. Lands owned by

other governmental agencies may be included in a wilderness area, subject to affirmative action of the governmental agency owning the land and acceptan ce by the board.

History.-§6, ch. 70-355 ; §1, ch . 70-439.

258.23 Authorization to acquire lands. -For the purpose of establishing wilderness areas, the board is authorized to acquire title to lands by any lawful means other than through the use of the power of eminent domain.

History.-§7, ch. 70-355 ; ! 1, ch . 70-439 .

258.24 Size.-The size of a wilderness area shall be large enough to include the prin­cipal features which justify its establish­ment.

History .-§8, ct.. 70-355 .

258.25 Number.-There shall be no fixed limit on the number of wilderness areas to be established, but each such area shall be just­ified by its intrinsic merit as determined by the board.

History.-~9. ch. 70-355 ; 11. ch . 70-439 .

258.26 Priority of establishment.-The order of selection and establishment of wilder­ness areas shall be governed by the relative vul­nerability of the features of the area sought to be preserved. The board is directed to give early consideration to wilderness areas which:

( 1) Are in close proximity to urban or rapidly developing areas;

(2) Are in imminent danger from some other source;

(3 ) Are designed to protect rare or en­dangered species or other unique features; or

( 4) Constitute the last vestiges of natural conditions within a given area.

History .-UO, ch . 70-355 ; §1, ch . 70-439 .

258.27 Competing uses.-In selecting wild­erness areas, consideration shall be given to potentially competing uses to insure that maxi­mum utilization of the a reas will inure to the public.

History.-Ul , ch. 70-355 .

258.28 Interagency advisory committee.­The board shall create a continuing inter­agency advisory committee to:

(1) Assist in the selecti on of wilderness areas;

(2) Act at the request of the board; (3) Initiate proposals of its own for new

wilderness areas; and (4) Assist in formulating rules and regu­

lations for use of such areas. History.-!12, ch. 70-355; §1, ch . 70-439 .

258.29 Atlas of areas.- The board shall maintain an atlas of wilderness areas, on maps of suitable scale.

History.-§ 13, ch. 70-355; U, ch . 70-439.

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Ch. 258 STATE PARKS AND PRESERVES Ch. 258

258.30 Rules and regulations.-The board shall adopt rules and regulations prescrib­ing a uniform set of general management criteria covering all wilderness areas.

(1) No alteration of physical conditions within a wilderness area shall be permitted except:

(a) Minimum development consistent with public convenience and necessity and with ~~258.17-258.33; and

(b) Approved activity designed to enhance the quality or utility of the wilderness area itself.

(2) All human activity within each wilder­ness area may also be subject to special rules and regulations for implementing the intent and purpose of *~258.17-258.33 for the particu­lar area involved.

(3) Other uses of a wilderness area, or human activity within the area, although not originally contemplated, may be permitted by the board but only after a formal finding of compatibility made by the board and subject to regulation.

History .-!14, ch. 70-355; §1, ch. 70-439.

258.31 Signs and markers.-Wilderness areas shall be identified by appropriate signs

and boundary markers. History.-U5, ch. 70-355 .

258.32 Withdrawal of lands from system.­No part of any wilderness area may be with­drawn from the state wilderness system ex­cept by act of the legislature. Notice of such proposed legislation shall be published in each county in which the area affected is located, in the manner prescribed by law relating to local legislation.

History .-US. ch. 70-355 .

258.33 Reports of governmental units as to suitability of lands owned by them for inclusion insystem.-Prior to January 1,1973, each govern­mental unit, including, but not limited to, each state agency, county, municipality, and public corporation, shall review all of its land hold­ings and submit recommendations in writing to the board as to the suitability of any of its property for inclusion in the state wilderness system. If the unit owns no land or has no land which it deems suitable for such inclusion it shall so state in its written report. The inclusion of any lands as being suitable hereunder shall not constitute consent for its designation as a wilderness area.

History.-!17, ch. 70-355 ; U, ch. 70-439.

1320

Ch. 265 MEMORIALS, MUSEUMS, AND FINE ARTS Ch. 265

CHAPTER 265

MEMORIALS, MUSEUMS, AND FINE ARTS

265.13 Stephen Foster memorial board of trustees created; terms and com­pensation; state treasurer, ex officio treasurer.

265.14 Board may accept donations and bor­row money; appropriation.

265.15 Board to keep permanent records; powers and duties.

265.13 Stephen Foster memorial board of trustees created; terms and compensation; state treasurer, ex officio treasurer.-A board of trustees composed of five members, citizens and residents of the state, known and desig­nated as "The Stephen Foster Memorial Board of Trustees," is created as a part of the de­partment of state. The members of the board shall be appointed by the governor for terms of four years, and their only compensation shall be the honor of such service. Members shall be reimbursed for traveling expenses as provided in ~112.061. The state treasurer is ex officio treasurer of the Stephen Foster memorial board of trustees. He shall have custody of all the board's funds, which shall be kept in a special fund or account for the use of the board.

Hlstory.-U, ch. 19243, 1939; COL 1940 Supp. 1148(1); U9, ch. 63-400; ~~10, 35, ch. 69-106; U. ch. 70-155. cf.-~592.13 Exemption of Stephen Foster Memorial.

265.14 Board may accept donations and borrow money; appropriation.-

(!) The Stephen Foster memorial board of trustees may accept, receive, and hold in trust for the state gifts, gratuities, and donations of money and other property which shall be used, if and when a sufficient amount is re­ceived, to erect a suitable memorial to the memory of Stephen Collins Foster, at White Springs, Florida, on the banks of the Suwannee river, and the same are appropriated for the purposes herein expressed.

(2) The Stephen Foster memorial board of trustees may do whatever is necessary to build, construct, and erect said memorial. It may enter into such contracts and acquire such property as may be necessary to erect and maintain said memorial.

(3) The Stephen Foster memorial board of trustees may cooperate with the United States government or any agency thereof on any proj­ect or projects leading to the erection and maintenance of said memorial. The Stephen Foster memorial board of trustees may borrow money in accordance with any self liquidating plan that it may deem feasible and advan­tageous, and may issue mortgage revenue cer­tificates or debentures therefor and sell the same for the purpose of carrying out the in­tention of §s265.13-265.15. The board may pledge as security for the payment of such certificates or debentures any and all revenues and income to be derived and obtained from the operation of such memorial, or such por-

265.151 Stephen Foster memorial; acquisition and construction of buildings and

265.18 265.26 265.27 265.29

other facilities authorized. Acceptance of deed authorized. Trustees of Ringling museum of art. Loan of objects of art. Additional powers and duties of fine

arts council.

tion thereof as may be deemed sufficient, after all operating costs have been paid. The board shall set aside, annually, a sinking fund for the payment of interest on said certificates or debentures and the principal thereof at the maturity of same.

( 4) Said certificates shall bear interest at a rate not to exceed 5 percent per annum, and shali be a lien only upon the property of the said Stephen Foster memorial board of trustees, and shall not be held, deemed, or considered to be an obligation of the state. The Stephen Foster memorial board of trust­ees is further authorized to accept grants and loans from the public works administration or any other agency of the United States govern­ment authorized to make such grants and loans for the purposes hereinabove mentioned and described.

History.-§2, ch. 19243, 1939; CGL 1940 Supp. 1748(2); §7, ch. 22858, 1945; !6, ch. 65-420; ~2. ch. 70-155 .

265.15 Board to keep permanent records; powers and duties.-

(1) The Stephen Foster memorial board of trustees shall keep permanent records of its acts and may provide by resolution or other appropriate action for the carrying out and performing of the duties and powers granted it by the terms of §§265.13-265.15.

(2) The Stephen Foster memorial board of trustees may:

(a) Build, erect, and construct said memo­rial in accordance with the plans and specifica­tions to be made, selected and approved by it;

(b) Improve, landscape, beautify, and plant parks, lots, and grounds which it may acquire for the site of said memorial and enclose the same;

(c) Maintain, keep, beautify, and improve said memorial and grounds, provide for the maintenance and upkeep of said memorial and grounds, and do any other act and thing nec­essary or convenient toward the building, erect­ing, beautifying and protecting said memorial and grounds;

(d) Employ caretakers and such other per­sons as it deems necessary or convenient for said purposes; and

(e) Charge fees and admissions to the pub­lic for the privilege of visiting and viewing the memorial and grounds and use such fees and admission charges for the purposes of said sections.

(3) The Stephen Foster memorial board of

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Ch. 265 MEMORIALS, MUSEUMS, AND FINE ARTS Ch. 265

trustees is also authorized to operate land and water conveyances for the convenience and entertainment of the public and to operate facilities for the sale of souvenirs and Fos­teriana in carrying out the overall theme of the Stephen Foster era.

History.-~ 3. ch. 19243, 1939; CGL 1940 Supp. 1748 (2a l; *7, ch . 22858 , 1945 ; ! 3, ch. 70-155; !1, ch. 70-205 ; §1, ch. 70-439 .

265.151 Stephen Foster memorial; acquisi­tion and construction of buildings and other facilities authorized.-

( !) The division of building construction and maintenance of the department of general services is authorized to acquire and construct buildings and facilities to be used by the Stephen Foster memorial board of trustees of the department of state, including an audi­torium and museum, such other buildings as may be required by the board, parking facili­ties, necessary equipment, furnishings and utilities, and such other facilities as may be required for use in connection therewith. The Stephen Foster memorial board of trustees is authorized to acquire by gift, grant, donation, lease, or purchase necessary rights-of-way for purpose of access to the memorials, buildings, and other facilities operated by the board.

(2) The division of building construction and maintenance a nd the Stephen Foster me­morial board of trustees are authorized to acquire and construct the buildings, lands, and other facilities referred to in subsection (1) by means of a lease-purchase agreement with the division of bond finance of the de­partment of general services and to pay rent­als pursuant to such lease-purchase agree­ment in an amount necessary to retire bonds or revenue certificates issued to finance the acquisition and construction of said buildings, lands, and other facilities. The division of bond finance is authorized to issue bonds or revenue certificates, subject to approval of the state board of administration as to fiscal suffi­ciency, in an amount necessary to finance the acquisition and construction of such buildings, lands, and other facilities and to pledge for the payment and retirement of such bonds or revenue certificates the rentals to be paid un­der such lease-purchase agreement. The Stephen Foster memorial board of trustees may pledge as security for the payment of such rentals any and all revenues and income derived and obtained from any memorial, audi­torium, museum, or other revenue or income­producing facility operated by the board of trustees, or such portion thereof as may be deemed sufficient, or such funds as may be ap­propriated to board of trustees by the legisla­ture for such purpose. Two hundred twenty­eight thousand dollars of any and all revenues and income, other than general revenue ap­propriations, shall in each biennium beginning July 1, 1967, be budgeted for operations, and only the excess in revenues and income over and above this amount may be pledged to retire any indebtedness.

History .-!! . ch. 65-306; !PO, 22, 28, 35, ch. 69-106; §4, ch. 70-155.

265.18 Acceptance of deed authorized.-The commissioners of state institutions of the state may accept a deed from the City of Tampa to the forty-five acre site on Davis Island in the City of Tampa.

Hl•tory.-§3, ch. 18145, 1937; CGL 1940 Bupp. 1748(5).

265.26 Trustees of Ringling museum of art.-

(1) There is hereby created within the de­partment of state a board of trustees of the John and Mable Ringling museum of art, which shall consist of five members, one of whom shall be a resident of Sarasota county and one of whom shall be a resident of Manatee county. Each member shall have been a resident and citizen of the state for a period of at least ten years. Their terms of office shall be four years, except the first members, one of whom shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for terms of four years. The ap­pointment of the trustees shall be by the gover­nor. The governor may remove any member for cause, and shall fill all vacancies that occur.

(2) The board of trustees shall elect a chairman annually. The trustees shall be reim­bursed for traveling expenses as provided in §112.061, while in the performance of their duties, the accounts of which shall be paid by the state treasurer upon itemized vouchers duly approved by the chairman.

(3) The board of trustees shall act at all times in conjunction with and under the super­vision and general policies adopted by the de­partment of state.

( 4) The board of trustees shall have com­plete jurisdiction over the management of the museum, and is invested with full power and authority to appoint a director, and other em­ployees, and to remove the same as in their judgment may be best; fix their compensation, provide for the proper keeping of accounts and records; budgeting of funds; to enter into con­tracts; to secure public liability insurance; and to do and perform every other matter or thing requisite to the proper management, mainten­ance, support and control of the John and Mable Ringling museum of art at the highest efficiency economically possible taking into con­sideration the purposes of the establishment.

(5) All presently existing obligations, con­tracts, and other commitments of the John and Mable Ringling museum of art shall be honor­ed by the board of trustees.

(6) Any authority assumed or vested by law in the director or other officer or employee of the John and Mable Ringling museum of art is vested in the board of trustees. The di-rector upon approval of the trustees is author­ized to expend not to exceed one thousand dollars annually from funds derived from ad­missions for public relations deemed by the trustees to be necessary and in the best interest of the museum in addition to publicity and ad­vertising expenditures.

History.-§U-6, ch. 59-60; (2) §19, ch. 63-400; (6) fl, ch. 63-150; 1! 10, 35, ch. 69-106.

Note.-See former !272.19.

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Ch. 265 MEMORIALS, MUSEUMS, AND FINE ARTS Ch. 265

265.27 Loan of objects of art.-The board of trustees of the John and Mable Ringling museum of art is hereby given authority to make temporary loans not to exceed six months' duration of paintings and other objects of art belonging to the John and Mable Ringling museum of art for the purpose of public ex­hibition in art museums, institutions of higher learning and the executive mansion in Talla­hassee, where such exhibition will benefit the general public as in the judgment of the board of trustees is deemed wise and for the best interest of the John and Mable Ringling muse­um of art, and under policies established by the board of trustees and approved by the de­partment of state for the protection of the paintings and other objects of art; provided that in making such temporary loans the board of trustees shall give first preference to art museums and institutions of higher learning.

History .- §1, ch. 59-61; §§10, 35, ch. 69-106. Note.-See former §272.20 .

265.29 Additional powers and duties of fine arts counciL-The powers and duties of the fine arts council of the department of state shall include the following:

(1) To promote the decoration and beauti­fication of interiors of the capitol and other public buildings, and advise and assist ap­propriate state officers and agencies in this re­gard, particularly the division of building con­struction and maintenance of the department of general services.

(2) To seek and help assure a uniformity of art work within state buildings and review all art content of existing public buildings or buildings of state ownership for the purpose of making recommendations to the governor and division of building construction and main­tenance as to matters of installation, relocation, restoration, removal or any other disposition of such works of art.

(3) To consult and advise on request, or at its own initiative, with other individuals, groups, organizations or state agencies and

officials, particularly the governor, the cabinet, the Foster memorial commission, the state mu­seum, and the Ringling museum officials, con­cerning the acquisition by gift or purchase of fine art works, the appropriate use and display of state-owned art treasures for maximum pub­lic benefit, and the suitability of any structures or fixtures primarily intended for ornamental or decorative purposes in public buildings.

(4) To foster the development of a recep­tive climate for the fine arts to culturally en­rich and benefit the citizens of Florida in their daily lives, to make Florida visits and vacations all the more appealing to the world and to attract to Florida residency additional out­standing creators in the field of fine arts through appropriate programs of publicity, education, coordination and direct activities such as sponsorship of art lectures and exhi­bitions and central compilation and dissemi­nation of information on the progress of the fine arts in Florida.

(5) To expend all funds appropriated by this section in accordance with general state laws and the judgment of the council as to an effective program.

(6 ) To accept on behalf of Florida such donations of money, property, art objects and historical relics as in its discretion shall best further the orderly development of the artistic and cultural resources of Florida. Such dona­tions of money and any cash income which may be received by the council from the disposal of any donations of property, art ob­jects or historical relics previously accepted by the council shall be deposited in a sepa­rate trust fund in the state treasury and are hereby appropriated to the use of the coun­cil.

(7) To file regular reports of progress and activities with the governor and the depart­ment of state.

History .-~3. ch. 59-275; §1, ch. 61-20; §§10, 22, 35, ch. 611-106. Note .-Formeriy §272.21 (3).

cf.-§20.10(8),(9) Fine arts council of Florida.

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch. 266

CHAPTER 266

HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES

PART I HISTORIC ST. AUGUSTINE PRESERVATION BOARD OF TRUSTEES (§§266.01-266.07)

PART II HISTOR.IC PENSACOLA PRESERVATION BOARD OF TRUSTEES (§§266.101-266.108)

PART III HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES (§§266.110-266.117)

PART I HISTORIC ST. AUGUSTINE PRESERVATION BOARD OF TRUSTEES

266.01

266.02 266.03

Historic St. Augustine Preservation Board of Trustees; creation.

Definitions. Membership; terms of office, etc.

266.01 Historic St. Augustine Preservation Board of Trustees; creation.-There is created within the department of state the Historic St. Augustine Preservation Board of Trustees, a body corporate, the purpose and function of which shall be 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 St. Augus­tine, Florida, and surrounding territory.

History.-§!, ch. 59-521; §HO, 35, ch . 69-106; §1, ch. 70-160.

266.02 Definitions.-Unless otherwise clear­ly indicated, the following words when used in this part shall have the following meanings:

( 1) "Board"-the Historic St. Augustine Preservation Board of Trustees of the depart­ment of state;

(2) "Facilities"-historic sites, objects, and facilities for exhibition owned, rented, leased, managed, or operated by the board;

(3) "Slum"-any areas where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detri­mental to health, safety, or morals.

History.-*2, ch. 59-521; §§10, 35, ch. 69-106; §2, ch . 70-160.

266.03 Membership; terms of office, etc.­The board of trustees shall consist of five members to be appointed by the governor not later than thirty days after July 1, 1959. Mem­bers of the original board shall be appointed for terms as follows: One for two years, two for three years and two for four years, and thereafter members shall be appointed for four

266.04 266.05 266.06 266.07

Organization, meetings, records. Treasurer. Powers. Appropriation.

of trustees shall consist of two additional mem­bers who need not be residents of the state and who shall be appointed by the governor not later than thirty days after July 1, 1965. All appointments of the board shal! be con­firmed by the senate. The members of the board, including the chairman, shall receive no compensation for their services but shall be entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as members of the board, subject to the provisions and limitations of n12.06l. Each member shall give a surety bond in the sum of ten thousand dollars exe­cuted by a surety company authorized to do business in this state, payable to the governor and his successors in office, and conditioned upon the faithful performance of his duties.

llistory.-*3, ch. 59-521; U, ch. 65-20; §3, ch. 70-160.

266.04 Organization, meetings, records.­l\'ot later than fifteen days after the appoint­ment of its membership and annually there­after, the board shall hold an organizational meeting at which it shal! elect from its mem­ben;hip a chairman, a vice-chairman and a secretary-treasurer. No business shall be trans­acted by the board except at a regularly called meeting at which a quorum is present and the n1inutes thereof recorded. Permanent records shal l be maintained which shall reflect all ntlic:ia l transactions of the board.

History .- !4, ch. 59-521; !4 , ch . 70-160.

266.0:) Treasurer.-The state treasurer shall be the ex offic:io treasurer of the board and shall have the custody of all of its funds to be kept in a special account. All receipt~ and disbursements of the board shall be han­dlec! subject to the same laws, rules, and reg­ulations as other state funds are handled.

History.-*5, ch. 59-52 1 ; ~ 5. ch. 70-160.

year terms except appointments to fill vacan- 266.06 Powers.-The board shall cies for unexpired terms in which event the ap- governing body and ha\'e power:

be the

pointment shall be for the unexpired term only. (1) To adopt a seal and alter the In addition to the above members, the board pleasure;

same at

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch.266

(2) To contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law and equity;

(3) To exercise any power not in conflict with the constitution and laws of the state or 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 St. Augustine for the conduct of its affairs;

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

(6) To own, operate, maintain, 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 may deem necessary or expedient, or by con­demnation, except as otherwise herein pro­vided, in accordance with and subject to 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 shall continue and to lease or make contracts with respect to the use or disposal of same, or any part thereof, in any manner deemed by the board to be in its best interest 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 said property is s-o acquired, a sufficient sum of money 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, a cemetery association, or which is presently used as a historical attraction;

(8) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adaption of such area to public purposes, including parks or other recreational or community pqrposes; or to provide decent, safe and sanitary urban or rural dwellings, apartments or other living ac­commodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water services, parks, site preparation, gardening, ad­ministrative, community, health, recreational, educational, welfare or other purposes; or to accomplish a combination of the foregoing. To plan buildings and improvements, to acquire property, to demolish existing structures, to construct, reconstruct, alter and repair im­provements and all other work in connection therewith;

torneys and such other employees as may be deemed necessary and to prescribe their pow­ers and duties and to fix their compensation;

(10) To acquire from the City of St. Au­gust in e, St. Johns County, the state, the United States, 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 purpose 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 St. Augustine or St. Johns County for the purpose of providing police and fire protec­tion, water, sanitation and other public serv­ices deemed necessary or expedient and said municipality and county are authorized to en­ter into such contracts;

(12 ) To contract with any agency of the state or the federal government, the City of St. Augustine, County of St. Johns, 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 St. Au­gustine, St. Johns County;

(13) To make and enter into all contracts or agreements, with or without competitive bidding as the board may determine, which are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this. law;

(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 law, 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; and

(c) The limited sale of merchandise re­lating to the historical and antiquarian period of St. Augustine, 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 fa-

(9) To employ and dismiss at pleasure con- cilities of the board and to issue negotiable suiting engineers, architects, superintendents revenue certificates payable so lely from rev­or managers, accountants, inspectors and at- enue accruing from the operation of such fa-

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch. 266

cilities and from authorized activities inci­dental thereto;

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

Hlstory.-§6, ch. 59-521; §1, ch. 70-62; 16, ch. 70-160; 11, ch. 70-439.

266.07 Appropriation.-The board of coun-

ty commissioners of St. Johns County and the City of St. Augustine are hereby au­thorized to appropriate annually from such funds as may be available an aggregate amount of fifty thousand dollars to be used by said board in defraying part of the cost incurred by it in carrying out the purposes of this part.

History.-§7, ch. 59-521; §22, ch. 69-353; §7, ch. 70-160.

PART II

HISTORIC PENSACOLA PRESERVATION BOARD OF TRUSTEES

266.101 Historic Pensacola Preservation Board of Trustees.

266.102 Definitions. 266.103 Membership; terms; compensation;

bond. 266.104 Organization; records.

266.101 Historic Pensacola Preservation Board of Trustees.-There is created within the department of state the Historic Pensa­cola Preservation Board of Trustees, a body corporate, the purpose and function of which shall be 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 Pensacola 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 national trust for ilistoric preservation.

History.-*! , ch. 67-303; §* 10, 35, ch. 69-106; U. ch. 70-156.

266.102 Definitions. - Unless otherwise clearly indicated, the following words when used in this part shall have the following meanings:

( 1 ) "Board" shall mean the Historic Pensa­cola Preservation Board of Trustees of the de­partment of state.

(2) "Facilities" shall include historic sites, objects, and landmarks for exhibition, owned, leased, managed, or operated by the board.

History.-~ 2. ch. 67-303 ; §§10, 35, ch. 69-106; §2, ch. 70-156.

266.103 Membership; terms; compensation; bond.-

(1) The board of trustees shall consist of seven members to be appointed by the governor not later than thirty days after the effective date of this part and confirmed by the state senate. Members of the original board shall be appointed for terms as follows: Two for two years; two for three years; and three for four years; thereafter, members shall be ap­pointed for four year terms except for appoint­ments to fill vacancies for unexpired terms, in which event the appointment shall be for the unexpired term only.

266.105 Treasurer; finances. 266.106 Powers of the board of trustees. 266.107 Powers of governing body of City of

Pensacola; Architectural Review Board.

266.108 Appropriation.

(2 ) Board members shall possess an ac­tive interest in the historical aspects of Pen­sacola and the surrounding area. The mem­bers of the board, including the chairman, shall receive no compensation for their serv­ices but shall be entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as mem­bers of the board, subject to the provisions and limitations of ~112.061. Each member shall give a surety bond in the sum of five thousand dollars, executed by a surety company au­thorized to do business in this state, payable to the governor and his successors in office, and conditioned upon the faithful perform­ance of his duties; the cost of each such bond shall be borne by the board.

History.-§3, ch. 67-303; §3, ch . 70-156.

266.104 Organization; records. - Within fifteen days after the appointment of its mem­bership and annually thereafter, the board shall .hold an organizational meeting at which it shall elect from its membership a chairman, a vice-chairman, and secretary-treasurer. No business shall be transacted by the board ex­cept at a regular or specially called meeting at whi<.:h a quorum is p1·esent and the minutes · thereof recorded. Permanent records shal l be maintained which shall reflect all officia l transa<.:tions of the board.

History .-H. ch. 67-303; H. ch. 70-156.

266.105 Treasurer; finances.-The state treasurer shall be the ex officio treasurer of the board and shall have the custody of all its funds to be kept in a specia l account. All receipts and disbursements of the board shall be handled subject to the same laws, rules, and regulations as other state funds are handled.

History.-§5, ch. 67-303 ; ~5. ch. 70-156.

266.106 Powers of the board of trustees.­The board shall be the governing body and have the power:

( lJ To adopt a seal and alter the same at pleasure;

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch.266

(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 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 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, to construct and 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 may deem 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 shall continue 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 said 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 and at­torneys and such other employees as may be deemed necessary and to prescribe their pow­ers and duties and to fix their compensation;

( 9 J To draft a historical plan of develop­ment for the City of Pensacola and 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 having 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 as established by the national trust for historic preservation or any other recognized profes­sional historical group.

flOJ 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 said 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 may determine, 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:

(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; and

(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 perform all lawful acts necessary

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch.266

and convenient and incident to the effectuating of its function and purpose;

(18) To cooperate and coordinate all of its activities on a permissive basis through any state-wide commission, including the division of archives, history and records management of the department of state, and to participate in any overall statewide plan of historical development;

(19) 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.

History.-!6, ch. 67-303; H10, 35, ch. 69-106; §6, ch. 70-156; *1, ch . 70-335; t1, ch. 70-439.

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 re­

view 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 gov­erning 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 §266.-106(9);

(e) To utilize its employees in the enforce­ment and regulation of the provisions of §266.-106(9).

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

(a) Membership.-The Architectural Re­view Board shall be composed of the following members:

1. Two members from the Historic Pensa­cola Preservation Board of Trustees;

2. The city planner of the City of Pensa­cola;

3. The chairman of the Pensacola Planning Board;

4. One member-at-large who shall be a res­ident of Escambia County; and

5. Two members who are members of the American Institute of Architects and whose principal place of business or residence is in Escambia County.

(b) Terms.-Members shall be appointed for a term of two 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 haye 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 ~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.

History.-!6, ch. 67-303; §1, ch. 69-229; §7, ch. 70-156.

266.108 Appropriation. - The board of county commissioners of Escambia County and the City of Pensacola are hereby authorized to appropriate annually from such funds as may be available, and the board is hereby au­thorized to accept contributions from the United States or any agency thereof, individ­uals, organizations, societies or groups in the furtherance of the purposes of the board.

History.-§7, ch. 67-303; §22 ch . 69-353; §8, ch. 70-156.

PART III

HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES

266.110 Historic Tallahassee Preservation Board of Trustees.

266.111 Definitions. 266.112 Membership; terms of office; etc. ~66.113 Organization, meetings, records.

266.114 Treasurer; receipts and disbursement of funds.

266.115 Powers of the board of trustees. 266.116 Establishment of historical districts. 266.117 Powers and duties of architectural re-

view board.

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch.266

266.110 Historic Tallahassee Preservation Board of Trustees.-There is created within the department of state the Historic Tallahas­see Preservation Board of Trustees, a body corporate, the purpose and function of which shall be 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 archives, history and records management of the department of state.

History.-!2. ch. 70-335.

266.111 Defintitions. - Unless otherwise clearly indicated, the following words when used in this pad shall mean:

(1) "Board" shall mean the Historic Tal­lahassee Preservation Board of Trustees.

(2 ) "Facilities" shall include historic sites, objects and landmarks for exhibition owned, leased, managed, or operated by the board.

History .-!3, ch. 70-335 .

266.112 Membership; terms of office; etc.­(1) The board shall consist of seven mem­

bers to be appointed by the department of state not later than July 30, 1970. Members of the original board shall be appointed for terms as follow:; : Two for two years; two for three years; and three for four years; and thereafter members shall be appointed for four year terms except for appointments to fill vacancies for unexpired terms, in which event the appointment shall be for the un­expired term o :~ly.

(2) Board members shall possess an active interest in the historical aspects of Tallahas­see and the surrounding area,. and at least four members of the board shal1 be residents of the County of Leon. The members of the board, including the chairman, shall receive no compensation for their services, but shall be entitled to be reimbursed for per diem and travel expenses incurred in the performance of their official duties as members of the board, subject to the provisions and limitations of ~ 112.061. Each member shall give a surety bond in the sum of five thousand dollars, exe­cuted by a su rety company authorized to do business in this state, payable to the depart­ment of state and conditioned upon the faith­ful performance of his duties; the cost of each such bond shall be borne by the board.

History.- !4 , ch. 70-335; 0. ch. 70-439.

which it shall elect from its membership a chairman, a vice-chairman, and secretary­treasurer. No business shall be transacted by the board except at a regular or specially called meeting at which a quorum is present and the minutes thereof recorded. Permanent records shall be maintained which shall re­flect all official transactions of the board.

History .- ! 5, ch. 70-335 .

266.114 Treasurer; receipts and disburse­ment of funds.-The state treasurer shall be ex officio treasurer of the board and shall have the custody of all its funds to be kept in a special account. All receipts and disbursements of the board shall be handled subject to the same laws, rules, and regulations as other state funds are handled.

History .-~ 6. ch. 70-335.

266.115 Powers of the board of trustees.­The board shall be the governing body and have the power:

(1) To adopt a seal and alter the same 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 Tallahassee 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 may deem 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 arid the use of same so long as its existence shall continue 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 said property is so acquired, a sufficient sum of money is to be deposited in trust to pay and

266.113 Organization, meetings, records.- redeem such lien or encumbrance; nor shall Within fifteen days after the appointment of any property be acquired hereunder by con­its membership and annually thereafter, the demnation which is owned by a church or board shall hold an organizational meeting at cemetery association or which is presently

1329

Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch.266

used as a historical attraction; (8) To employ and dismiss at pleasure con­

sulting engineers, architects, superintendents or managers, accountants, inspectors, attorneys, and such other employees as may be 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 sur­rounding area, and the board shall have the authority to recommend to ihe 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 a his­torical or architectural value shall be desig­nated by the board on the basis of criteria of historical evaluation as established by the di­vision of archives, history and records manage­ment 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; 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 said 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 fn 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 may determine, 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 admis­

sion 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 perform all lawful acts necessary and convenient and incident to the effectuat­ing of its function and purpose;

(18> To cooperate and coordinate all of its activities on a permissive basis through any statewide commission, including the division of archives, history and records management, and to participate in any overall statewide plan of historical development;

(19) 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.

History.-§7, ch. 70-335 .

266.116 Establishment of historical dis­tricts.-The governing bodies of the County of Leon and the City of Tallahassee are au­thorized to establish such historical district or districts and are empowered to name an architectural review board with the following membership:

(1) Two members from the Tallahassee Historical Restoration and Preservation Coun­cil;

(2) The executive director of the Leon County-Tallahassee Joint Planning Commis­sion and the chairman of such planning com­mission.

I 0) One member at large who shall be a resident of Leon County.

I 4) Two members who are members of the American Institute of Architects and whose principal place of business or residence is in Leon County.

Members shall be appointed for a term of two years except in the case of an appointment to fill a vacancy in which event the appoint­ment shal l be for the unexpired term on ly.

History.-§7, ch. 70-335 .

266.117 Powers and duties of architectural review board.-

(1) It sha ll be the duty of the board 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.

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Ch.266 HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES Ch. 266

(2J The governing bodies of Leon County and the City of Tallahassee shall prescribe the procedure for the review of plans for the erection, renovation, or razing of any building which is located or to be located within the designated historical district or districts, in­cluding rules and governing decisions of the architectural review board, and the procedure for appeal from decisions of the board.

(3) The governing bodies of Leon County and the City of Tallahassee may adopt such other regulations as are necessary to effect the purposes of s266.115 (9).

(4) The architectural review board shall have the power to adopt rules for the trans­action of its business, .the holding of meetings, and such other activities as are incident to its function.

(5) The governing bodies of Leon County

and the City of Tallahassee shall have the au­thority to utilize their employees in the en­forcement and regulation of the provisions of s2G6.115(9).

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

(7) The designation and preservation of buildings and structures within any historical district or districts established under ~266.-115(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 designated to be a pub­lic purpose.

History.-*7· ch. 70-335.

1331

Ch. 267 FLORIDA ARCHIVES AND HISTORY ACT Ch. 267

CHAPTER 267

FLORIDA ARCHIVES AND HISTORY ACT 267.011 267.021 267.031

Short title. Definitions. Division of archives, history and rec­

ords management. 267.041 Office of the director. 267.051 Bureau of archives and records man­

agement. 267.061 Bureau of historic sites and proper­

ties; state policy, responsibilities.

267.011 Short title.-This act shall be known as the Florida Archives and History Act.

History.-§1, ch. 67-50.

267.021 Definitions.-For the purpose of this act: d" ..

(1) "Division" shall mean the lVlSlOn of archives, history and records management of the department of state.

(2) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound rec~rd­ings, or other material regardless of_ phys1cal form or characteristics made or received pur­suant to Jaw or ordinance or in connection with the transaction of official business by any agency.

(3) "Agency" shall mean any state, ~o_u~ty, or municipal officer, department, division, board, bureau, commission, or other _separate unit of government created or established by law.

( 4) "Florida state archives" s_h~l! mean an establishment maintained by the diVISIOn for the preservation of those public records and other papers that have be~n de~erm~ned by the division to have sufficient historical or ot~er value to warrant their continued preservatiOn by the state and have been accepted by the division for deposit in its custody.

(5) "Records center" shall_ ~~an an_ est3;b­lishment maintained by the diVISion pnmanly for the storage, processing, servicing, and_ se­curity of public records that must be retamed for varying periods of time but ne~d not be retained in an agency's office eqmpment or space.

(6) "Historic sites and properties" shall mean real or personal property of historical value.

History.-§2, ch. 67-50; §§10, 35, ch. 69-106; §72, ch. 71-377.

267.031 Division of archives, history and records management.-

(!) The division of archives, history and records management shall be organized into as many bureaus as deemed necessa~y by t~e divi­sion for the proper discharge of Its duties_ and responsibilities under this chapter; provided, however, that in addition to the office of the director, there shall be at least four bureaus to be named as follows:

(a) Archives and records management; (b) Historic sites and properties;

267.062 Naming of state buildings and other

267.071 267.081 267.09 267.10

facilities. Bureau of historical museums. Bureau of publications. Certain powers and duties transferred. Legislative intent.

(c) Historical museums; (d) Publications; (2)(a) An advisory council shall be estab­

lished to advise and assist the said division. Members of said council shall be the director of the Florida State Museum, the State Geolo­gist, the department heads of the respective established departments of anthropology and archaeology and history in each accredited in­stitution of higher education in Florida main­taining such departments which offer graduate degrees in said subjects, the president of the Florida Historical Society, the president of the Florida Anthropological Society, the director of the division of recreation and parks of the de­partment of natural resources, the director of the board of trustees of the internal improve­ment trust fund, the State Librarian, the presi­dent of the Florida Library Association and the director of the university presses of any state university in Florida.

(b) The chairman of said council shall be elected by a majority of the members of the council and shall serve for two years. If a vacancy occurs in the office of chairman before the expiration of his term, a chairman shall be elected by a majority of the members of the council to serve the unexpired term of such vacated office.

(c) It shall be the duty of the advisory council to provide professional and technical assistance to the division as to all matters per­taining to the duties and responsibilities of the division in the administration of the provisions of this chapter. Members of the council shall serve without pay but shall be entitled to reim­bursement for their necessary travel expenses incurred in carrying out their official duties as provided by §112.061. The members of this council shall be organized into subgroups in a manner that will enable these subgroups to provide professional and technical assistance to each of the four bureaus coming under the jurisdiction of the division.

(3) The division may employ a director of the division and shall establish his qualifica­tions. The director shall act as the agent of the division in coordinating, directing, and administering the activities and responsibili­ties of the division. The director may a lso serve as the chief of any of the bureaus herein created. The division may employ other employees as deemed necessary for the performance of its duties under this chapter.

1332

Ch. 267 FLORIDA ARCHIVES AND HISTORY ACT Ch. 267

( 4) The division shall adopt such rules and regulations deemed necessary to carry out its duties and responsibilities under this chapter, which rules shall be binding on a ll agencies and persons affected thereby. The willful vio­lation of any of the rules and regul ations adopted by the division shall constitute a misdemeanor.

(5) The division may make and enter into all contracts and agreements with other agen­cies, organizations, associa tions, 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.

(6) The division may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter.

(7) All law enforcement agencies and of­fices are hereby authorized and directed to as­sist the division in carrying out its duties under this chapter.

History.-§3, ch. 67-50; §§10, 25, 27, 35, ch . 69-106; §73, ch . 71-377.

267.041 Office of the director.-( I) It shall be the duty and responsibility

of the office of the director to render all services required by the division and the sev­eral bureaus · herein set forth that can ad­vantageously and effectively be centralized. The office shall perform such other functions and duties as the division may direct.

(2) The director shall supervise, direct, and coordinate the activities of the division and its bureaus.

History.-§4, ch. 67-50 ; §§ 10, 35, ch . 69-106.

267.051 Bureau of archives and records management.-

(!) It shall be the duty and responsibility of the bureau of archives and records man­agement to:

(a) Administer on behalf of the division the provisions of this section;

(b) Organize and administer the Florida State Archives;

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

(d) Cooperate with and assist insofar as practicable state institutions, departments, agencies, the counties, municipalities and in­dividuals engaged in activities in the field of state archives, manuscripts, and history, and to accept from any person any papers, books, records and similar materi a ls whi ch in the judgment of the division warrant preservation in the state archives;

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

(f ) Conduct, promote, and encourage re­search in Florida hi story, government, and cul­ture, and to ma intain 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 ) Coopera te with and, insofar as practi­cable, a ssist agencies, libraries, institutions, and individuals in projects designed to pre­serve original source materials rela ting to Florida history, government, and culture, and to prepare and publish, in cooperation with the bureau of publications, handbooks, guides, indexes, and other literature directed toward encouraging the preservation and use of the state's documentary resources;

(h ) Establish and administer a records management program, including the operation of a record_ center or centers directed to the applica tion of efficient and economical man­agement methods relating to the creation, uti­lization, maintenance, retention, preservation and di sposal of records;

(i ) Analyze, develop, establish, and coordi­nate standards, procedures and techniques of record making and record keeping;

( j) Insure the maintenance and security of records which a re deemed appropriate for pres­ervation;

(k) Establish safeguards against unau­thorized or unlawful removal or loss of rec­ords;

(I ) Initiate appropriate action to recover records removed unlawfully or without author­ization;

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

(n) Provide a centralized program of mi­crofilming for the benefit of all agencies;

(o) Make continuous surveys of record keeping operati0ns;

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

(q) 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;

(r) Make, or to 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.

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Ch. 267 FLORIDA ARCHIVES AND HISTORY ACT Ch. 267

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

(3) (a) All records transferred to the divi­sion may be held by it in a records center, to be designated by it, for such time as in its judgment retention therein is deemed nec­essary. At such time as it be established by the division, said 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 record center shall remain in the agency transferring such record to the division.

(c) Title to any record transferred to the state archives, as authorized in this chapter, shall be vested in the division.

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

(5) Any preservation duplicate of any rec­ord made pursuant to this chapter shall have the same force and effect 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.

(6) It shall be the duty of each agency to: (a) Cooperate with the division in comply­

ing with the provisions of this chapter; (b) Establish and maintain an active and

continuing program for the economical and efficient management of records.

(7) Each agency shall submit to the divi­sion in accordance with the rules and regu­lations 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.

(8 ) 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 and regulations not in­consistent with this chapter which shall be binding on all agencies relating to the de­struction and disposal of records. Such rules and regulations 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.

(9) The division may employ a chief of the bureau of archives and records manage­ment. The chief shall possess such qualifi­cations as the division may prescribe but shall be qualified by experience and training to ad­minister the functions of the bureau and he shall serve at the pleasure of the division. It shall be the duty of the chief, under the general administration of the director, to su­pervise, direct, and coordinate the activities of the bureau of archives and records man­agement.

Hlstory.-§5, ch. 67-50; §§10, 35, ch. 69-106.

267.061 Bureau of historic sites and prop­erties; state policy, responsibilities.-

(!) State policy relative to historic sites and properties:

(a) It is hereby declared to be the public policy of the state to protect and preserve .his­toric sites and properties, buildings, artifacts, treasure trove, and objects of antiquity which have scientific or historical value or are of in­terest to the public, including, but not limited to monuments, memorials, fossil deposits, In­dian habitations, ceremonial sites, abandoned settlements, caves, sunken or abandoned ships, historical sites and properties and buildings or objects, or any part thereof relating to the history, government and culture of the state.

(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 state­owned sovereignty submerged lands shall be­long to the state with the title thereto vested in the division of archives, history and records management of the department of state for the purpose of administration and protection.

(2) It shall be the responsibility of the bu­reau of historic sites and properties to:

(a) Locate, acquire, protect, preserve, and promote the location, acquisition, and preser­vation of historic sites and properties, build­ings, artifacts, treasure trove, and objects of antiquity which have scientific or historical value or are of interest to the public, includ­ing, but not limited to monuments, memorials, fossil deposits, Indian habitations, ceremonial sites, abandoned settlements, caves, sunken or abandoned ships, or any part thereof;

(b) Develop a comprehensive statewide his­toric preservation plan;

(c) Encourage and promote the acquisi­tion, preservation, restoration and operation of historic sites and properties by other agencies so that such property may be utilized to foster and promote appreciation of Florida history;

1334

Ch. 267 FLORIDA ARCHIVES AND HISTORY ACT Ch. 267

provided, however, that no acquisition, preser­vation, restoration, or operation of such sites shall be made by the state and no contribution shall be paid from state funds for such pur­poses until:

1. A report and recommendation of the ad­visory council has been received and consid­ered by the division;

2. The division has determined that there exists historical authenticity and a feasible means of providing for the acquisition, preser­vation, restoration, or operation of such prop­erty;

3. The property shall have been approved for such purpose by the division;

(d) Cooperate and coordinate with the di­vision of recreation and parks of the depart­ment of natural resources in the operation and management of historic sites and properties subject to the division of archives, history and records management.

(3) The division shall employ a state ar­chaeologist, and such other archaeologists as deemed necessary, who shall possess such qual­ifications as the division may prescribe. The state archaeologist shall be assigned to the bureau of historic sites and properties and shall serve at the pleasure of the division. The state archaeologist, with emphasis on salvage archae­ology, shall conduct an archaeological survey of the state and shall perform such other du­ties as the chief of the bureau of historic sites and properties may prescribe.

(4) The division may employ a chief of the bureau of historic sites and properties. The chief shall possess such qualifications as the division may prescribe but shall be qualified by experience and training to administer the functions of the bureau and he shall serve at the pleasure of the division. It shall be the duty of the · chief, under the general adminis­tration of the director, to supervise, direct, and coordinate the activities of the bureau of historic sites and properties.

History.-§6, ch. 67-50; ~ ~10, 25, 35, ch. 69-106.

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 of archives, history and records management of the department of state 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.

History.-§§!, 2, ch. 71-267.

267.071 Bureau of historical museums.­(1) It shall be the duty of the bureau of

historical museums to: (a) Promote and encourage throughout the

state knowledge and appreciation of Florida

history by encouraging the people of the state to engage in the preservation and care of arti­facts, museum items, treasure trove, and other historical properties; the display and interpre­tation of historical materials; the marking and preservation of historical or archaeological buildings and sites; the teaching of Florida history in the schools; the conduct and presen­tation of historical celebrations and dramas; the publicizing of the state's history through media of public information; and other activi­ties in historical and allied fields;

(b) Encourage, promote, maintain, and op­erate historical museums, including but not limited to mobile museums, junior museums and an historical museum in the state capital;

(c) Organize and administer a junior his­torian program in cooperation with the de­partment of education and other agencies, organizations, historical commissions and as­sociations, corporations, and individuals, that may be concerned therein;

(2) The division of archives, history and records management may employ a chief of the bureau of historical museums. The chief shall possess such qualifications as the division may prescribe but shall be qualified by experi­ence and training to administer the functions of the bureau and he shall serve at the pleas­ure of the division. It shall be the duty of the chief, under the general administration of the director, to supervise, direct, and coordi­nate the activities of the bureau of historical museums.

History.-§?, ch. 67- 50; ! HO, 35, ch . 69-1v6.

267.081 Bureau of publications.-(1) It shall be the duty of the bureau of

publications to: (a) Promote and encourage the writing of

Florida history. (b) Collect, edit, publish, and print pam­

phlets, papers, manuscripts, documents, books, monographs, and other materials relating to Florida history, archives and records manage­ment. The bureau of publications may estab­lish a reasonable charge for such publications not to exceed the cost of preparation of and publishing said publications.

(c) Cooperate with and coordinate research and publication activities of other agencies, organizations, historical commissions and so­cieties, corporations, and individuals, which relate to archival and historical matters.

(2) The division may employ a chief of the bureau of publications. The chief shall possess such qualifications as the division may prescribe but shall be qualified by experience and training to administer the functions of the bureau, and he shall serve at the pleasure of the division. It shall be the duty of the chief, under the general administration of the di­rector, to supervise, direct, and coordinate the activities of the bureau of publications.

History.-~8. ch. 67 - 50; !§ 10, 35, ch . 69-106 .

267.09 Certain powers and duties trans­ferred.-

1335

Ch. 267 FLORIDA ARCHIVES AND HISTORY ACT Ch. 267

(1) All powers and duties heretofore set forth in chapter 257, pertaining to the state library, insofar as they may relate to histor­ical archives or public records as set forth in chapter 257, are hereby transferred to the division to be administered pursuant to this law.

(2) All the powers and duties heretofore set forth in chapter 592 relating to the division of recreation and parks of the department of natural resources, insofar as they shall relate to historical memorials, shall be transferred to the division to be administered pursuant to this law.

History.-§9, ch. 67-50 ; H lO , 25, 35, ch. 69-106.

267.10 Legislative intent.-In enacting this law, the legislature is cognizant of the fact

that there may be instances where an agency may be microfilming and destroying public rec­ords or performing other records management programs, pursuant to local or special acts; the legislature is further aware that it may not be possible to implement this chapter in its entirety immediately upon its enactment and it is not the legislative intent by this chapter t o disrupt the orderly microfilming and de­struction of public records pursuant to such local or special acts above referred to; pro­vided, however, that such agencies make no further disposition of public records without approval of the division of archives, history and records management of the department of state pursuant to such rules and regulations as it may establish.

History .-§11, ch . 67-50 ; §§ 10, 35, ch. 69-106.

1336

Ch. 270

270.01

270.02

270.03 270.04 270.05 270.06 270.07

270.08

270.09

270.10

270.11

270.12

270.13

270.14

PUBLIC LANDS

CHAPTER 270

PUBLIC LANDS

Grant to aid construction of certain railroads accepted.

Titles of purchasers and transferees of railroad companies confirmed.

Preemption of public lands. Application and proof for entry. Failure to pay installments. Taxes on lands entered. Certain public lands not to be sold

without advertisement. Notice of sale of public lands by ad­

vertisement. Bids to purchase public lands; sale to

highest bidder; proviso, etc. Sections not to impair law relative to

homesteads, etc. Contracts for sale of public lands to

reserve certain mineral rights in state.

State school trust fund to receive twen­ty-five per cent of proceeds of sale of state lands.

State school trust fund to receive twen­ty-five per cent of proceeds of lease of state lands, and sale, etc., of products in, on or under same.

Method of ascertaining twenty-five per cent due state school trust fund.

270.15

270.16

270.17

270.18

270.19

270.20

270.21

270.22

270.23

270.24

270.25

270.26 270.27

Ch. 270

Sections 270.12-270.14 not applicable to certain tax foreclosure lands.

Preservation of equity of state in lands sold; board of trustees may compro­mise unpaid balance.

Foreclosure of mortgage for balance of purchase price on state lands.

Tax liens extinguished when land re­verts to state; exception.

Reconveyance to state; extinguishes tax liens.

When title reverts to state; lands, etc., go back to department from which it originated.

Transactions to which sections appli­cable.

Proceeds from sale, etc., of state lands, to go into internal improvement trust fund.

Disposition of proceeds of sale, etc., of state land.

Payment of special assessments, etc., upon state lands.

Special assessments, etc., shall remain liens subject to payment.

Lands to which sections do not apply. Sale of unused public lands.

270.01 Grant to aid construction of certain in the proportion to which they severally be­railroads accepted.- The lands, rights and came entitled under the said act to provide privileges granted to, and conferred upon, the for and encourage a liberal system of internal state by the act of congress entitled "An improvements in this state, and the said act act granting public lands in alternate sec- of congress granted the same. tions to the States of Florida and Alabama, Htotory.-Ch. 3162, 1879; RS 448; GS 637; RGS 1216; to aid in the construction of certain railroads CGL 1761· in said states," approved May 17, 1856, are 270.03 Preemption of public lands.-Actual accepted upon the terms, conditions and re- settlers, on any of the public lands belonging strictions in said act of congress. to this state subject to entry, are permitted to

Htatory.-11, ch. 776, 1866; RS 447; GS 636; RGS 1216; enter the lands on which they reside or have CGL 1760. in cultivation, not to exceed one hundred and

270.02 Titles of purchasers and transferees sixty acres, to be taken in a compact form ac­of railroad companies confirmed.-To remove cording to the legal subdivisions, at the prices all doubt as to the title, of the purchasers and now or hereafter established for such lands, transferees, and their assigns, from the several by paying one-third of the purchase money at railroad companies, of the land granted by the the time of making entry, one-third of the United States to the state, to aid in the same within two years thereafter, and the construction of certain railroads in this state, remaining one-third within three years after by act of congress, approved May 17, 1856, the date of entry; provided, that no person the state has granted and confirmed to the pur- shall be entitled to make more than one entry chasers and transferees from the several rail- under the provisions of this section. road companies which accepted the provisions Htatory.-1§1, s, ch. 3324, 1881; RS 449, 461; GS 638, 640; of the act entitled, "An act to provide for and RGS 1217, 1219; CGL 1762, 1764.

encourage a liberal system of internal improve- 270.04 Application and proof for entry.­ments in this state," approved January 6, 1855, The person applying for the benefit of §270.03 and their assigns, the lands and titles thereto, shall make affidavit before some officer author­which were granted to the state by the United ized to administer oaths, that such application States to aid in the construction of certain is made for his exclusive use and benefit, railroads in this state by act of congress, ap- and that his entry is made for the purpose of proved May 17, 1856; which said lands were actual settlement or cultivation, and not, either afterwards selected and located for the sev- directly or indirectly, for the benefit of any era) railroad companies accepting the pro- other person, and that the lands applied for visions of this act as aforesaid, along the line do not embrace the residence, cultivated lands of their respective roads, to the extent and or improvements of any other person, and shall

1337

Ch. 270 PUBLIC LANDS Ch. 270

prove, by the affidavits of two credible witnesses, that he is residing upon the land applied for, or has part of the same in actual cultivation.

Hlatory.-12, c.n. 3324, 1881; RS 450; GS 639; RGS 1218; CGL 1763. cf.-§1.01 Detlnltion-mascul!ne pronoun Includes feminine.

270.05 Failure to pay installments.-Upon failure to pay installments on any entry made under the provisions of this chapter for ninety days after the same shall become due, the entry shall become null and void, and that portion of the purchase money already paid shall be forfeited.

Hlstory.-§4, ch. 3324, 1881; RS 462; GS 641; RGS 1220; CGL 1766.

270.06 Taxes on lands entered.- All per­sons entering lands under the provisions of this chapter shall be assessed for, and pay taxes on, the land so entered, from and after the date of entry and first payment thereon, and a failure to pay the taxes assessed thereon shall cause a forfeiture of all the benefits of this chapter and the part of the purchase money paid in.

Hlatory.-16, ch. 3324, 1881; RS 463; GS 642; RGS 1221; CGL 1766.

270.07 Certain public lands not to be sold without advertisement.-No lands in the state that are now, or may hereafter be, vested in the board of trustees of the internal improve­ment trust fund of the state shall be sold, con­veyed or disposed of by the said board of trust­ees until notice by publication shall have been given for the full term of thirty days prior to such sale; provided, that this section shall not apply to homestead, railroad or canal grants, as now provided for by law nor to any conveyance pursuant to the provisions of §253.111.

Hlator;r.-11, ch. 6943, 1909; RGS 1222: CGL 1767; 11091, eh. 19355, 1939; CGL 1940 Supp, 892(410); §2, eh. 61-119; 12, ch. 65-324; §§27, 35, ch. 69-106; §76, ch . 71-355.

270.08 Notice of sale of public lands by advertisement.- When the board of trustees of the internal improvement trust fund shall de­cide or regard it expedient to sell any of the lands that are now, or may hereafter be, vested in the board of trustees of the internal improvement trust fund of the state, it shall give thirty days' notice of such sale by publication in some news­paper published in the county or counties where such lands to be sold are situated, and also in such other papers as may be deemed advisable, once each week. Said notice shall contain a description of the lands, state the terms of sale and the time and place where such lands shall be sold, and notify the people that it will receive bids therefor at Tallahassee from the time of giving such notice until the day of sale. The board of trustees shall require the persons publishing said notice to file with it immediately after the expiration of the time of such sale proof of said publication, which shall at all times be subject to inspection by any person desiring to see same. None of the provisions of this section shall limit the applicability of §253.111.

Hlatory,-12, ch. 6943, 1909; 11, ch. 6462, 1913; RGS 1223; CGL 1768; §1092, eh. 19355, 1830; COL 1840 Supp, 802(411); . 12, ch. 61-119, §3, ch. 65-324, §§27, 35, ch. 69-106, §76, ch . 71-355. cf.-§1.01 Definition- person.

Ch. 50 Legal and omclal advertisements.

270.09 Bids to purchase public lands; sale to highest bidder; proviso, etc.-

( I) After the notice referred to in §270.07 shall have been issued, any person shall have the privilege of filing with the board of trustees of the internal improvement trust fund a bid or written proposition to purchase said lands; and same shall not be opened until the day of sale provided in said notice, at which time all bids shall be opened in the presence of the said board of trustees at the office of the said board of trustees in Tallahassee, at which time any person so desiring may be present.

(2) The board of trustees shall sell to the highest bidder, upon satisfactory terms, for cash or otherwise, as it may determine, the lands advertised as prescribed in §270.07, and shall make, execute, and deliver a deed or deeds to the purchaser or purchasers of such lands in the manner now provided by law and in accordance with the terms agreed upon.

(3) A record of all such sales and proceed­ings shall be kept by the said board. of trustees, which shall at all times be subject to inspection by any and all persons. All bids may be rejected if the price offered is not satisfactory to those making the sale. Sections 270.06-270.08 and this section shall not apply when the quantity of land sought to be sold does not exceed a half section of land. - Hlator;r.-13, ch. 6943, 1909; 11, ch. 6180, 1911; RGS 12Zf; COL 1769; §1003, ch. 19355. 1030; COL 1040 Supp, 892(412); 12. ch. 61-119; §§27. 35, ch . 69-106; §76, ch. 71-355.

270.10 Sections not to impair law relative to homesteads, etc. - Sections 270.07-270.09, shall in no wise impair the law of the state relative to homesteads or preemptions, or the law relative to the granting of lands for the construction of highways, public roads and canals.

Hlator;r.-14, ch. 6948, 1909; RGS 1226; CGL 1770; 11094, ch. 19866, 1989; CGL 1940 Supp. 892(418).

270.11 Contracts for sale of public lands to reserve certain mineral rights in state.­In all contracts and deeds for the sale of land executed by the board of trustees of the internal improvement trust fund , there shall be reserved for 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. The said board of trustees may in its discretion sell or release said reserved interest in or as to any particular parcel of land when such parcel has a building thereon or on which a building is proposed to be erected, and the state board of education may sell or release

1338

Ch. 270 PUBLIC LANDS Ch. 270

any such interest which was reserved for said board pursuant to 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.

Hi8tory.-§§1, 2, ch. 6159, 1911; RGS 1226; CGL 1771; §1095, ch. 19355, 1939; COL 1940 Supp. 892(414); §1, ch. 26849, 1951; §1, ch. 59-220; §2, ch. 61-119; §§27, 35, ch. 69-106; §76, ch. 71-355.

270.12 State school trust fund to receive twenty-five per cent of proceeds of sale of state lands.-The board of trustees of the internal improvement trust fund shall, pursuant to con­stitutional provision, set aside and pay into the state school trust fund twenty-five per cent of the proceeds derived from the sale of all state lands vested in said board of trustees. History.-~! . ch. 15638, 1931; COL 1936 Supp. 1771(1); §2,

ch. 61-119; H27, 35, ch. 69-106.

270.13 State school trust fund to receive twenty-five per cent of proceeds of lease of state lands, and sale, etc., of products in, on or under same.-The board of trustees of the internal improvement trust fund shall pay into the state school trust fund twenty-five per cent of the proceeds derived from the lease or rental of said lands and from the sale, lease or rental of any products in, on, or under all state lands vested in said board of trustees.

Hlstory.-~2. ch. 15638, 1931; COL 1936 Supp. 1771 (2); §2, ch. 61-119; **27. 35, ch. 69-106. cf.-*253.45 Authority of board of trustees to sell, etc.

270.14 Method of ascertaining twenty-five per cent due state school trust fund.-In deter­mining the twenty-five per cent to be paid to the state school trust fund, said amount shall be ascertained after all costs of improvements placed on the lands sold by said board of trust­ees and all current expenses have been allowed in connection with such sale, lease or rent, in­cluding taxes, if any, for the current year.

Hlstory.-§3. ch. 15638. 1931 ; COL 1936 Supp. 1771(3); §2, ch. 61-119; !§27, 35, ch. 69-106.

270.15 Sections 270.12-270.14 not applicable to certain tax foreclosure lands.-The provi­sions of §§270.12-270.14, shall not apply to tax foreclosure lands, title to which vested in the board of trustees of the internal improvement trust fund, under chapter 14572, Laws of Flor­ida, approved June 20th, 1929, until all costs required to be satisfied by law have been paid.

Hlstory.-§5, ch. 15638, 1931; COL 1936 Supp. 1771(5); §2, ch . 61-119; ~~27, 35, ch. 69-106.

mammg or balance of payment or payments, the equity and interest of the state or any state agency making such sale as represented by said notes, mortgages, or other such instru­ments, shall never be extinguished, canceled or impaired so long as the obligation to the state or state agency shall remain unpaid or unfulfilled; provided, the board of trustees of internal improvement trust fund may, in its dis­cretion, compromise, or compound, any unpaid balance on any contract to purchase any lands over which said board of trustees has juris­diction and control, where such contract to purchase is secured by a mortgage, if no less than twenty-five per cent of the agreed pur­chase price has been theretofore paid.

History.-§ !. ch. 15641, 1931; COL 1936 Supp. 1771(6) ; §2, ch. 61-119; !!27, 35, ch. 69-106. cf.-§95.021 Limitation of actions.

270.17 Foreclosure of mortgage for balance of purchase price on state lands.-The state, or any agency of the state in which was vested the primary title to said land or other property, may in case of nonpayment of the full purchase price upon said lands or other property sold by the state or its agency and subject to mortgage or other instrument of indebtedness held by the state or its agen­cy, foreclose upon said mortgage or mortgages or other instrument of indebtedness, and re­cover said lands or other property subject to the liens for any taxes imposed upon said lands or other property; and upon the com­pletion of said foreclosure and reinvestment of title to such lands or other property in the state or its agency, the state or its agency may pay all unpaid taxes or special assessments, not including interest, penalties, and costs, upon said lands and other property, which wer~ legally assessable and collectible as if held and owned by the state or its agency.

Hi8tory.-§2, ch. 15641, 1931; CGL 1936 Supp. 1771(7).

270.18 Tax liens extinguished when ]and reverts to state; exception.-Reinstatement of title in the state or its agency shall, by fore­closure or otherwise, operate to extinguish all liens for all taxes or assessments to which the lands would not have been subject had the title been in the state or its agency; provided, however, that any tax certificate or tax deed issued upon such lands or other property in the hands of a person, private firm or private corporation, shall represent a valid obligation against the said lands, and said certificate may be redeemed and paid for by the said state or its agency as provided by law in other cases for the purchase or redemption of tax certificates, and in case of deed, by paying to the holder the amount paid by him, plus interest at six per cent per annum since the date of the said deed. ·

270.16 Preservation of equity of state in lands sold; board of trustees may compromise unpaid balance.-In the sale of state lands or other state property, whether made in the name of the state or in the name of any state agency, when such sale is or has been made upon the basis of partial payment or payments upon said lands or other property and the remainder-or balance of payment or payments is or was History.-§3, ch. 15641, 1931; CGL 1936 Supp. 1771(8).

secured by note or notes, in turn secured by 270.19 Reconveyance to state; extinguishes mortgage or mortgages, or other paper or in- tax liens.-Reinstatement of title by reconvey-strument obligating the lands or property, or ance or by forfeiture covering land or other any part thereof, to the payment of anv re- property for which the state or its agency holds

1339

Ch. 270 PUBLIC LANDS Ch. 270

mortgage, or other instrument of indebtedness, or the vesting of title to lands or other prop­erty in the state or in its agency in any other manner, shall have the same effect as to tax or assessment liens as set forth in §270.18.

Hlotory.-§4, ch. 15641, 1931; CGL 1936 Supp. 1771(9).

270.20 When title reverts to state; lands, etc., go back to department from which it originat­ed.-When title to lands or other property be­comes vested in the state or its agency under §§270.16-270.19, such lands or other property shall be covered into that state fund or state department from which they originated or to which they may be conveyed. When title to lands or other property becomes so vested in the state or its agency, the title which may hereafter issue, from the state or its agency, will be a complete, new, independent title orig­inating in the sovereign.

Hl&tory.-§5, ch. 15641, 1931 ; CGL 1936 Supp. 1771(10).

270.21 Transactions to which sections ap­plicable.-The provisions of §§270.16-270.18 shall apply to all transactions of the state, or any agency thereof, of the kind described in said sections in which the state or its agency has an equity.

Hl&tory.-§6, ch. 15641, 1931; CGL 1936 Supp. 1771(11).

270.22 Proceeds from sale, etc., of state lands, to go into internal improvement trust fund.-The proceeds of state land, whether from sale, lease, rental, or the sale, lease or rental of products in, on, or under said land, title to which has been or may be vested in the board of trustees of the internal improvement trust fund by the legislature of this state, or of land which has been or may be received by said board of trustees from other sources, shall be paid into the internal improvement trust fund to become a part of said fund, subject to dis­position as is provided by the laws of Florida relating thereto. Blstory.-~1 . ch. 17272. 1935; CGL 1936 Supp. 1771(12); §2,

ch. 61-119; H27. 35. ch. 69-106. ct.-§253.01 Internal Improvement trust fund established.

§253 .02 Board of trustees powers and duties.

270.23 Disposition of proceeds of sale, etc., of state land.-After payments have been made to the state school trust fund, as provided by the constitution and by law, any balance shall be and remain a part of the internal improve­ment trust fund to be applied by the board of trustees of said fund to the payment of the ex­penses and the administration of said fund, in­cluding the lands thereof, and to such other purposes as prescribed by law.

History.-~2. ch 1'1272. 1935; CGL 1936 Supp. 177ll13); §2, ch . 61-119; **27 , 35. ch. 69-106. cf.-*253.02 Boartl of trustees powers and duties.

270.24 Payment of special assessments, etc., upon state lands.-Where the lands of the state, title to which is vested in the board of trustees of the internal improvement trust fund, are subject to special assessments or special levies of taxes imposed by authority of the leg­islature, the board of trustees may pay such

special assessments or special levies out of moneys received from the sale of lands so taxed, and said special assessments or special levies which shall include accumulated amounts, if any, shall be due and payable on the next due date for the collection of such special as­sessments or special levies after the sale of said land. And land conveyed into other owner­ship by legislative grant or by the board of trustees of the internal improvement trust fund, without monetary consideration or its equiva­lent, shall pass the obligation against the land for the payment of such special assessments or special levies to the grantee.

Hlstory.- ~ J . ch. 17272. 1935; CGL 1936 Supp. 1771(14); §2, ch. 61-119; §§27, 35, ch. 69-106.

270.25 Special assessments, etc., shall re­main liens subject to payment.-8pecial assess­ments or special levies heretofore imposed by legislative authority, which are now a lien upon the lands, title to which is in the board of trust­ees of the internal improvement trust fund, shall continue as a lien subject to payment as provided for in §270.24; provided, however, that the pro­visions of this section shall not operate to ex­tinguish or impair any obligation heretofore im­posed upon said lands to pay special assess­ments or special taxes heretofore levied.

Blstory.-§4. cb. 17272. 1935; CGL 1936 Supp. 1771(15); f2, ch. 61-119 ; §§27. 35, ch. 69-106.

270.26 Lands to which sections do not ap­ply.-The provisions of §§270.22-270.25 shall not apply to any lands, title to which has vest­ed or which may vest in the board of trustees of the internal improvement trust fund through any law foreclosing the lien for taxes until all such liens shall have been satisfied as provided by law.

Hlstory.-§5. ch. 17272. 1935; CGL 1936 Supp. 1771(16); f2, ch. 61-119 ; 1§27. 35, ch. 69-106 .

270.27 Sale of unused public lands.-(1) The division of building construction

and maintenance of the department of general services is hereby authorized to sell, to the best possible advantage, any or all detached pieces or parcels of land held by the state for the use of any institution under the su­pervision and control of said division, whenever, in the judgment of said division, such detached pieces or parcels of land are not suitable for, or necessary and useful in, the operation and maintenance of such institution, and the proceeds from the sale of such land could be used to better advantage than said land in the operation and maintenance of such institution.

(2) The proceeds derived from the sale of any land, as authorized in this section, shall be deposited in the state treasury to the account of the department of general services for the use of the particular institution from the sale of whose lands said funds were derived. Such funds may be used, from time to time, by said division, for the purpose of acquiring additional lands that may be needed for the particular in­stitution credited with such funds, or for needed buildings or repairs for such institution, in the discretion of said division, and such funds, when

1340

Ch. 270 PUBLIC LANDS Ch. 270

obtained, are hereby appropriated for such pur­poses.

(3) The division is authorized to sell and convey, to the best possible advantage, any piece or parcel of land held by the state or by said division and located north of Pensacola street in the city of Tallahassee and to receive as payment or part payment therefor any piece or parcel, or pieces or parcels, of land located within what is known as the capitol center at

the state capital. The division, prior to the sale of any such piece or parcel of land, shall cause the same to be appraised by two or more com­petent appraisers and shall likewise have any piece or parcel, or pieces or parcels, of land which the said division proposes to acquire as payment or part payment for any piece or par­cel of land proposed to be sold to be appraised in like manner. ·

His tory .- §H. 2, ch. 20524, 1941; §1, ch . 57-88; §§22, 35, ch . 69-106.

1341

Ch. 272 CAPITOL CENTER Ch. 272

CHAPTER 272

CAPITOL CENTER

272.03

272.04 272.05 272.06

272.07 272.08 272.09

272.11 272.12 272.121 272.122

272.124

Division of building construction and maintenance to supervise capitol cen­ter buildings; title in state.

Division to allocate space. Budgets for repair, etc.; review. Division may provide for heating, light-

ing; etc., of buildings. Divis ion may provide for parks, etc. Duty of repair, maintenance, etc. Management, maintenance and upkeep

of capitol center. Capitol information center. Florida capitol center. Capitol Center long range planning. Acquis ition of la nd for st a te buildings

and facilities in the Capitol Center. Division of building construction and

maintenance; power to contract.

272.03 Division of building construction and maintenance to supervise capitol center build­ings; title in state.-

(1) All state buildings now or hereafter constructed included in the capitol center at the state capital and the grounds and squares con­tiguous thereto shall be under the general control, custodianship and supervision of the division of building construction and main­tenance of the department of general services.

(2) Title to said buildings shall vest in the state.

(3) Nothing herein is intended to disturb or impair the contractual obligations for the dis­charge of the indebtedness incurred for the con­struction of the Florida industrial commission building.

History.-§§1·3, ch. 25032, 1949; §§22, 35, ch. 69-106; §78, ch. 71-355; §73A, ch. 71-377.

272.04 Division to allocate space.-The di­vision of building construction and ma intenance of the department of general services shall have authority to allocate space to house the various departments, agencies, boards and commissions in said buildings, excepting, however, the new supreme court building which authority shall be vested in the justices of the supreme court.

History.-§4, ch . 25032, 1949; H22, 35, ch. 69-106.

272.05 Budgets for repair, etc.; review.­The division of building construction and main­ten a nce of the department of general services and the department of administration shall be empowered to review, change and modify the budgets of the depa rtments, agencies, boards an d commi ss ions relating to the repair, upkeep an d ma intenan ce of said buildings.

History .-<5. ch. 25032 , 1949; H2. 3. ch. 67-371; H22 , 31, 35, ch. 69- 106.

272.06 Division may provide for heating, lighting, etc., of buildings.-The division of building construction and maintenance of the department of general services may provide or

272.125 Construction of legislative building, time limita tion.

272.126 Reconstruction of center section of capitol, parking facilities in legisla­tive building, maximum cost of con­struction.

272.13 Capitol center police. 272.14 Tallahassee police officers; powers, au­

thority, etc. 272.15 Ordinances, rules and regulations. 272.16 Parking areas within capitol center

area. 272.161 Rental of reserved parking spaces. 272.18 Governor's mansion advisory council. 272.185 Maintenance of governor's residence by

division of building construction and maintenance.

enter into contracts to provide heating, power, lighting, cooling systems and other necessary services or facilities for any or all of said buildings.

History.-§6, ch. 25032, 1949; §§22, 35, ch. 69-106; §74, ch. 71.!J77.

272.07 Division may provide for parks, etc. -The divi s ion of building construction and maintenance of the department of general serv­ices may provide for the establishment of parks and drives and walkways and parkways on said grounds and squares and for the supervision, regulation and maintenance of the same in­cluding traffic and parking thereon.

History.-§7, ch. 25032, 1949 ; !§22, 35, ch . 69-106.

272.08 Duty of repair, maintenance, etc.­Except when otherwise directed by the division of building construction and maintenance of the department of general se rvices, the official or officials now having the duty of repair, care, maintenance and supervision of any of said buildings shall continue to exercise such au­thority.

Hi s tory.-§8. ch. 25032. 1949 ; ~!22. 35, ch. 69-106.

272.09 Management, maintenance and up­keep of capitol center.-The management, main­tenance and upkeep of the capitol center as defined in §272.03, is hereby vested in and made the direct obligation of the division of build­ing construction and maintenance of the de­partment of general services, which shall have authority to do all things necessary to satis­factorily accomplish these functions including the employment of a superintendent of grounds and buildings and other employees; the estab­lishment of central repair and maintenance shops; and the designation or appointment of nonsalaried advisory committees to advise with them.

69~i~:~ry .-§ 1, ch. 29843, 1955 ; U. ch. 57-60 ; !§22, 35, ch .

272.11 Capitol information center.-The division of building construction and mainte-

1342

Ch. 272 CAPITOL CENTER Ch. 272

nance of the department of general services may establish, maintain and operate a capitol information center somewhere within the area of the capitol center and employ personnel to maintain same.

History .- §3, ch. 29843, 1955 ; §§22, 35, ch . 69-106.

272.12 Florida capitol center.-(1) When used in this statute the terms

"Florida capitol center," "capitol center area," or "capitol center," or words of similar pur­port, shall be taken and understood to extend to and include lands owned, including lands hereafter acquired, by the state or any of its agencies, or for the state and any of its agen­cies, within the boundaries of the city of Tallahassee, for governmental use or occu­pancy, present or future.

(2) The Capitol square, Wayne square, Jackson square, Green square, the Mayo build­ing and grounds, the Curtis L. Waller park, the R. A. Gray park, the Knott building and grounds, the Holland building and grounds, the Caldwell building and grounds, the supreme court huilding and grounds, and the area bounded by Duval, St. Augustine, Adams and Pensacola streets, including the buildings and improvements thereon, shall be taken and un­derstood as constituting the present capitol center area.

(3) The division of building construction and maintenance of the department of general services is hereby authorized to purchase at fair market value any lands or buildings owned by the department of transportation within the capitol center. The division of building con­struction and maintenance may use for this purpose any funds which are available to the division at the time of the purchase.

History.-§ 1, ch . 29840, 1955; §1, ch . 63-28; §§ 22, 23, 35, ch . 69-106.

272.121 Capitol Center long range plan­ning.-

(1) The division of building construction and maintenance of the department of general services shall develop a comprehensive and long range plan for the Capitol Center and in developing this plan shall consider:

(a ) The most efficient, expeditious and eco­nomical method of accomplishing the desired results;

(b ) The architectural and esthetic coordi­nation of the proposed plan with the existing structures; and,

(c) The effective utilization of all available space so as to minimize waste.

(2) The division shall further determine the needs of state government and the various agencies thereof, occupying the Capitol Center and activities requiring space or facilities in the Capitol Center. When these needs have been determined the division shall develop a com­prehensive plan of meeting these needs and for providing immediate facilities for state govern­ment and its agencies to effectively and effi­ciently discharge their duties and responsibili­ties.

(3) In carrying out the provisions of the above and foregoing the division shall con­sult with and request the cooperation of the various state and private architects, engineers and interior designers, and solicit and accept information, suggestions and recommendations from all interested parties. In addition to the foregoing duties and responsibilities, the di­vision shall have the following specific respon­sibilities:

(a) To approve and coordinate additions to existing buildings as well as location and construction of new buildings within the Cap­itol Center.

(b) To develop appropriate landscaping, architectural style as well as long range plan for traffic flow and control in and through the Capitol Center.

(c) To effect the reconstruction on the cen­ter section of the capitol building pursuant to a program to be developed by the legislature and to provide the required renovations in the north and south wings.

(d) To effect the construction of a legisla­tive building pursuant to a program to be de­veloped by the legislature with sufficient space allocations for related services.

(e) To effect the repair and renovation of the offices and other areas of the capitol as may be required. ·

( 4) The division shall prepare a report of its findings and recommendations and submit the same to the governor and the legislature not later than February 1 of each year in which the legislature convenes. Said report shall re­flect the actions of the division in carrying out the provisions of this act and shall include an updated comprehensive plan to carry out the provisions of this act each time the report is submitted.

(5) In carrying out the provisions of the above and foregoing, the division shall con­sult with the Planning and Architectural Ad­visory Council to be composed of seven persons and hereafter referred to as the "council." Mem­bership on the council shall be as follows:

(a) Two Florida registered architects ap­pointed by the division on th~ recomm.en~a­tion of the president of the Flonda Assoc1abon of the American Institute of Architects;

(b) One Florida registered landscape archi­tect appointed by the division on the rec­ommendation of the president of American In­stitute of Landscape Architects, Florida chap­ter;

(c) One member of the American Institute of Planners, appointed by the division on the recommendation of the president of the south­eastern chapter of American Institute of Plan­ners;

(d) Three private citizens who have dis­tinguished themselves in planning, architec­ture, landscape architecture, interior design, the visual arts or such other qualifications as would promote the intentions of this act,

1343

Ch. 272 CAPITOL CENTER Ch. 272

shall be appointed by the division. (6) The council shall have the following

powers and duties: (a) To review the master planning and de­

velopment of the Capitol Center and report to the division with recommendations thereon;

(b) To encourage excellence in the plan­ning, architecture, landscape and interior de­sign of all structures in the Capitol Center; and

(c) To offer comment and advice to the division and to other appropriate officials of state, county or municipal government with respect to the planning and the design or con­struction of any structures in the Capitol Cen­ter.

History.-§§ 1-6, ch. 65-262; §1, ch . 67-532 ; §§22 , 35, ch. 69-106; §76, ch. 71·377.

272.122 Acquisition of land for state build­ings and facilities in_ the Capitol Center.­The division of building construction and maintenance of ·the department of general ser­vices is hereby authorized and directed to ac­quire both land and buildings now needed or to be needed for use in whole, or in part, by state government or any agency, board, bureau or commission thereof. However, no building can be constructed nor land acquired under this section without specific legislative approval. The acquisition of the land, buildings and facilities may be financed by grants, direct appropriations or by the issuance of revenue bonds or certifi­cates pledging the revenues and rentals derived from the use of the buildings and facilities . The department of general services is expressly authorized to issue revenue certificates to carry out the purposes of this section. Title to any lands acquired pursuant to this section shall be vested in the board of trustees of the internal improvement trust fund for the use and benefit of the State of Florida.

History.- §!, ch . 65-385; §1, ch . 67·55; §§22, 27, 35, ch . 69·106; §77, ch . 71-377.

272.124 Division of building construction and maintenance; power to contract.-The divi­sion of building construction and maintenance of the department of general services is au­thorized and empowered to make and enter into any contract or agreement, with any person or agency, public or private, to lease, buy, ac­quire, construct, hold or dispose of real and personal property necessary to carry out the objects and purposes of this act; provided how­ever no contract may be entered into without specific authorization of the legislature for the project.

History .-§3, ch . 65-385 ; § §22, 35 , ch. 69-106 .

event more than one year from the effective date of this act.

Blstory.- §4, ch. 65-385.

272.126 Reconstruction of center section of capitol, parking facilities in legislative build­ing, maximum cost of construction.-Any pro­vision of this act to the contrary notwith­standing the division of building construction and maintenance of the department of general services is a uthorized to reconstruct the cen­ter section of the capitol building and to acquire land and construct a new legislative building to include parking facilities. The total amount for such construction shall not exceed ten million dollars.

History.- ! 5, ch. 65-385; §§ 22 , 35, ch. 69-106 .

272.13 Capitol center police.-The governor by and with the consent of the division of building construction and maintenance of the depart~ent of gene~al services, shall appoint a captam of the capttol center police and such number of policemen as in the opinion of the sa id divi sion shall be required to police and protect the buildings and state property located or being upon the capitol center area. The said P?l~cemen sh_all b_e under the immediate super­ytswn and dtr_ectwn of the captain of the cap­Itol center pohce, who shall be under the direct supervision of the division or such member or gro?p of mem~ers of said division as it may designate. Thetr powers and jurisdiction to make arrests shall be coextensive with that of police officers of the city of Tallahassee, for violations of municipal ordinances or state statutes, upon said capitol center area.

Hlstory .- §2, ch. 29840, 1955; §§22, 35, ch . 69-106.

272.14 Tallahassee police officers; powers. authority, etc.-

(1) Police officers of the city of Tallahas­see, shall be ex officio police officers of the capi~ol cente~ area and may enforce rules, reg­ulatwns, ordmances and statutes applicable to the said capitol center area.

(2) The division of building construction and .maintenance of the department of general servtces may contract with the city of Tal­lahassee, for the policing of the said capitol center area or any part or parcel thereof and upon . such terms as they may deem to the best mterest of the state, in which case the capitol c~nter police force mentioned in §272.13 may be dtspensed with.

Hlstory .- §3, ch. 29840, 1955; §§ 22, 35, ch. 69-106 .

272.15 Ordinances, rules and regulations.­( ! ) The division of building construction

and _mainte':ance of the department of general 272.125 Construction of legislative building, services, With the approval of the city com­

time limitation.-No plans shall be finalized, mission of the city of Tallahassee shall have nor shall a contract be let, for the quarters to power and authority to enact all' such ordi­house the house of representatives, the senate, nances, rules and regulations, not inconsistent and their offices, until there has been complete with the constitutions, statutes and laws of the and final legislative reapportionment as to the Uni~ed States and of this state, as may be ex­total membership of each house, and final ap- pedient and necessary for the preservation of proval by the courts of jurisdiction, but in no public peace and order, the regulation of traf-

1344

Ch. 272 CAPITOL CENTER Ch. 272

fie within the said capitol center area, and the protection and preservation of the property of the state and its agencies, and to impose such pains, penalties and forfeitures as may be needed to carry the same into effect. Violation of such ordinances, rules and regulations shall constitute a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

(2) All ordinances of the city of Talla­hassee, which may be made applicable to the said capitol center area are hereby made appli­cable thereto, unless and until otherwise pro­vided by the division of building construc­tion and maintenance, or superseded or re­pealed by ordinances, rules or regulations en­acted pursuant to subsection (1) above.

(3) For the purpose of the enforcement of the ordinances, rules and regulations herein provided for, the capitol center area shall be taken and understood to be a part of the city of Tallahassee, and the municipal court shall have full jurisdiction to enforce such ordi­nances, rules and regulations as ordinances of the city of Tallahassee. All fines and forfei­tures imposed by the said municipal court shall be collected by the city of Tallahassee and shall become funds and property of the said city.

History.-§4, ch. 29840, 1955; §§22, 35, ch. 69-106; §!56, ch. 71-136.

272.16 Parking areas within capitol center area.-

(1) The division of building construction and maintenance of the department of general services may assign parking areas within the capitol center area, not to exceed sixty per cent of said areas, to state officers and em­ployees employed in Tallahassee; provided. however, that parking areas must be provided for members of the legislature during session of the legislature, regular and extraordinary. Not more than fifteen per cent of said parking areas may be set aside for the use of persons temporarily visiting or attending to business in the capitol center area, and which persons reside beyond the territorial limits of the city of Tallahassee. Any remaining portion of the parking areas not assigned as aforesaid may be limited in period of time for use.

(2) The parking areas so assigned or so limited in use, shall be clearly mark~d and any violation of the same shall constitute a violation of this chapter and may be punished as if it constituted a violation of a municipal ordinance of the city of Tallahassee.

History.-§5, ch. 29840, 1955; §§22, 35, ch. 69-106.

272.161 Rental of reserved parking spaces.-

( 1 J The department of general services is authorized to rent resen·ed parking space to any state employee when so reques ted by the employee. Employees may request a reserved parking spate in a manner preseribed by the department of general se rvites . Assignments of reserved parking spates shall be limited to the amount of antilable parking under the

supervision of the department of general services.

(2) All parking spates under the super­vision of the department of general servites for which a request for reserved parking has not been made shall continue to be made avail­able to state employees.

(3) All parking fees shall be payable by the payroll deduction plan periodically ac­cording to the employee's pay schedule. The collection of such fees shall be prorated in those cases in which a reserved parking space is canceled prior to the full term of the normal payroll deduction.

(4) All fees collected under the provisions of this section shall be deposited in the capitol center parking trust fund which is hereby created. The capitol center parking trust fund shall be used for the purposes of construction and maintenance of state parking facilities un­der the supervision of the department of general services.

(5) The department of general services shall adopt and promulgate such rules and regu­lations as are necessary to carry out the pur­poses of this section.

History.-U. ch. 70-249.

272.18 Governor's mansion advisory coun­cil.-

(1) There is hereby created a governor's mansion advisory council, composed of five members appointed by and to serve as an ad­junct of the division of building construction and maintenance of the department of general services.

(2) Three members of the council shall be appointed for terms ending June 30, 1959 · their successors shall be appointed for four: year terms thereafter. Two members of the council shall be appointed for terms ending June 30, 1961 and for four-year terms there­after.

(3) Members of the council shall not be paid any compensation but shall be reim­bursed for their traveling expenses incurred in connection with the performance of their duties as provided in §112.061. All expenses of the council shall be paid from appropria­tions to be made by the legislature for that purpose.

History.-!!", ch. 57-61 ; §I, ch. 61-30; §10, ch. 63-400; §§22, 35, ch. 69-106.

Note.-Formerly §272.18 (1).

272.185 Maintenance of governor's residence by division of building construction and main­tenance.-

(1) POWERS AND DUTIES OF DIVI­SION.-

(a) The division of building construction and maintenance of the department of general services shall supervise and maintain all struc­tures, furnishings, equipment and grounds of the governor's residence.

(b) The division is specifically charged with the duty of maintaining the governor's

1345

Ch. 272 CAPITOL CENTER Ch. 272

mansion structure, style and character consist­ent with its original plan of construction and furnishing, and insure the same with the Florida fire insurance trust fund as provided in §284.01.

(c) The division shall have authority to contract and be contracted with for work and materials required.

(d) The division shall keep a continuing and accurate inventory of all equipment and furnishings.

(2) FINANCING; BUDGETS.- The divi­sion shall submit its budgetary requirements to the department of general services for its approval and inclusion in its legislative budget requests. The division shall expend only such amounts of money as may be specifically ap­propriated by the legislature for the use of the division.

History.-§§2, 3, ch. 57-61; §1, ch. 61-30; §§22, 35, ch . 69-106; §78, ch. 71-377.

Note. -Formerly §272.18(2), (3).

1346

Ch. 273 STATE-OWNED TANGIBLE PERSONAL PROPERTY Ch. 273

CHAPTER 273

STATE-OWNED TANGIBLE PERSONAL PROPERTY

273.01 Definitions. 273.02 Record and inventory of certain prop-

erty. 273.03 Property supervision and control. 273.04 Property acquisition. 273.05 Surplus property.

273.01 Definitions.-The following words as used in this act have the meanings set forth in the below subsections, unless a different meaning is required by the context.

(1) "Custodian" means any elected or ap­pointed state officer, board, commission, or au­thority, and any other person or agency entit­led to lawful custody of property owned by the state.

(2) "Property" means all tangible personal property owned by the state.

Bislory.-§1, ch. 57-277.

273.02 Record and inventory of certain prop­erty.-The word "property" as used in this section means fixtures and other tangible per­sonal property of a nonconsumable nature the value of which is one hundred dollars or more, and the normal expected life of which is one year or more. Each item of property which it is practicable to identify by marking shall be marked in the manner required by the auditor general. Each custodian shall maintain an ade­quate record of property in his custody, which record shall contain such information as shall be required by the auditor general. Once each year, on July 1 or as soon thereafter as shall be practicable, and whenever there is a change of custodians, each custodian shall take an in­ventory of property in his custody. The in­ventory shall be compared with the propertv record and all discrepancies shall be traced and reconciled.

Hislory.-§2, ch. 57-277; §1, ch. 59-430; §l, ch. 69-74; §8, ch. 69-82.

273.03 Property supervision and control.­The custodian shall be primarily responsible ~or t?e supervision and control of the property m his custody but may delegate its use and il!ll!lediate control t~ a person under his super­VIsiOn and may require custody receipts.

Blslory.-§3, ch. 57-277.

273.06 273.07 273.08 273.09 273.10

Transfers between custodians. Other disposal of surplus property. Property proceeds. Penalty. Repeal.

property sold shall not exceed the approximate value of the property acquired, and the pro.J?er!Y to be acquired shall be contracted for w1thm the same biennium in which the property sold is disposed of.

Blslory.-§4, ch. 57-277.

273.05 Surplus property.-The custodian shall have discretion to classify as surplus any property in his custody that is obsolete or the continued use of which is uneconomical or inefficient or which serves no useful func­tion as to any activity or location under his supervision. The fact that property is surplus shall be certified to the surplus property di­vision of the department of general services, together with information indicating the value and condition of the property.

History.-~5. ch. 57-277; U22, 35, ch. 69-106; §4, ch. 70-146.

273.06 Transfers between custodians.­From time to time the surplus property divi­sion of the department of general services shall offer surplus property to custodians. Any custodian may make a bid. If the bid is ac­cepted by the sm·plus propet·ty division, the cost of tran sfe rring the property shall be paid from the appropt·iation of the custod ian who made the bid.

History. - !6 , ch. 57-277; ~*22, 35, ch. 69-106; ~5 . ch. 70-146.

273.07 Other disposal of surplus property.­Having consideration for the best interests o:t the state, property which its custodian has cer­tified as surplus and which is not otherwise lawfully disposed of may be disposed of for value to any person, or the property may be disposed of for value without bids to any cus­todian or political subdivision as defined in §1.01, or if the property is without commer­cial value it may be donated, destroyed, or abandoned. Prior approval of the department of administration shall be required for the

273.04 Property acquisition.-Whenever ac- disposal of property the estimated value of quiring property, the custodian may pay the which is five thousand dollars or more. Prop­purchase price in full or may exchange proper- erty the value of which is estimated to be be­ty with the seller as a trade-in and may apply tween one hundred dollars and two hundred the exchange allowance to the cost of the dollars shall be sold only to the highest re­property acquired. If whenever acquiring sponsible bidder after a request for at least property, the custodian may best serve the in- three bids, or by public auction. Any sale terests of the state by outright sale of property of property the value of which is estimated rather than by_ exchange as a trade-in, he may to be two hundred dollars or more shall be make the sale m the manner prescribed in this sold only to the highest responsible bidder, act for _the disposal of surplus property, and or by public auction, after publication of no­the receipts from the sale are hereby appropri- tice not less than one week nor more than ated and may be applied to the cost of the prop- three weeks prior to sale in a newspaper erty acquired, except that the value of the having a general circulation in the cuunty

1347

Ch. 273 STATE-OWNED TANGIBLE PERSONAL PROPERTY Ch. 273

where the property is to be sold, and in additional newspapers if the custodian thinks the best interests of the state will better be served by the additional notices.

Hlstory.-§7, ch. 57-277 ; §§ 2, 3, ch . 67-371; §131, 35, ch. 69-106 .

273.08 Property proceeds.-If property is disposed of during the biennium in which it is acquired the proceeds are hereby reappropri­ated during the biennium to the custodian mak­ing the disposal.

mstory.- §8, ch. 57-277.

273.09 Penalty.-Any custodian who vio­lates any provision of this chapter or any rule prescribed pursuant to its authority shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§9, ch. 57-?:17; §157, ch. 71-136.

273.10 Repeal.-This act shall not repeal existing law relating to property but shall be interpreted to be supplementary in nature and shall be applicable to the extent that existing law is not in conflict.

Blstory.-111, ch. 57·277.

1348

Ch. 274 TANGIBLE PERSONAL PROPERTY OWNED BY COUNTIES, ETC. Ch. 274

CHAPTER 274

TANGIBLE PERSONAL PROPERTY OWNED BY COUNTIES, DISTRICTS, ETC.

274.01 274.02

274.03 274.04 274.05 274.06

Definitions. Record and inventory of certain prop-

erty. Property supervision and control. Property acquisition. Surplus property. Alternative procedure.

274.01 Definitions.-The following words as used in this act have the meanings set forth in the below subsections, unless a different mean­ing is required by the context:

(1) "Governmental unit" means the govern­ing board, commission or authority of a county or taxing district of the state or the sheriff of the county.

(2) "Custodian" means the person to whom the custody of county or district property has been delegated by the governmental unit.

(3) "Property" means all tangible personal property, owned by a governmental unit, of a nonconsumable nature.

( 4) "Fiscal year" means the governmental unit's fiscal year established pursuant to law; otherwise, it means the calendar year.

History.-§!. ch. 59-163; (1) a. §1, ch. 61-102.

274.02 Record and inventory of certain prop­erty.-The word "property" as used in this sec­tion means fixtures and other tangible personal property of a nonconsumable nature the value of which is twenty-five dollars or more, and the normal expected life of which is one year or more. Each item of property which it is practicable to identify by marking shall be marked in the manner required by the auditor general. Each governmental unit shall main­tain an adequate record of its property, which record shall contain such information as shall be required by the auditor general. Each gov­ernmental unit shall take an inventory of its property in the custody of a custodian when­ever there is a change in such custodian. A complete physical inventory of all property shall be taken annually, and the date inven­toried shall be entered on the property record. The inventory shall be compared with the prop­erty record and all discrepancies shall be traced and reconciled.

History.-§2, ch. 59-163; §8, ch. 69-82.

274.03 Property supervision and control.-A governmental unit shall be primarily responsi­ble for the supervision and control of its prop­erty but may delegate to a custodian its use and immediate control and may require custody receipts. A governmental unit may assign to or withdraw from a custodian the custody of any of its property at any time; provided, that if the custodian is an officer elected by the peo­ple or appointed by the governor, the property may not be withdrawn from his custody with­out his consent. Each custodian shall be re­sponsible to the governmental unit for the safe-

274.07

274.08 274.09 274.10 274.11

Authorizing and recording the disposal of property.

Penalty. Construction. Initiation of act. County health department property.

keeping and proper use of the property entrust­ed to his care. If the custodian is not a bond­ed officer, the governmental unit may require from the custodian a bond conditioned upon such safekeeping and proper use. In each coun­ty the sheriff shall be the custodian of the property of the office of sheriff.

History .-§3, ch. 59-163; §2, ch. 61-102.

274.04 Property acquisition.-Whenever ac­quiring property, the governmental unit may pay the purchase price in full or may exchange property with the seller as a trade-in and apply the exchange allowance to the cost of the prop­erty acquired. If whenever acquiring property, the governmental unit may best serve the inter­ests of the county or district by outright sale of the property to be replaced, rather than by exchange as a trade-in, it may make the sale in a manner otherwise prescribed in this act for the disposal of property. The receipts from the sale may be treated as a current refund if the property to be acquired shall be contracted for within the same fiscal year of the governmental unit in which the property sold is disposed of.

History.-§4, ch. 58·163.

274.05 Surplus property.-A governmental unit shall have discretion to classify as sur­plus any of its property, which property is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful func­tion. Within the reasonable exercise of its dis..: cretion and having consideration for the best interests of the county or district, the value and condition of property classified as surplus, and the probability of such property's being desired by the prospective bidder to whom of­fered, the governmental unit first shall offer surplus property to other governmental units in the county or district; and, second, if no acceptable bid is received within a reasonable time, shall offer such property to such other governmental units as shall be determined by the governmental unit on the basis of the fore­going criteria. Such offer shall disclose the value and condition of the property. The best bid shall be accepted by the governmental unit offering such surplus property. The cost of transferring the property shall be paid by the governmental unit that made the successful bid.

History.-§5, ch. 59-163.

274.06 Alternative procedure.-Having con­sideration for the best interests of the county or district, a governmental unit's property that

1349

Ch. 274 TANGIBLE PERSONAL PROPERTY OWNED BY COUNTIES, ETC. Ch. 274

is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function, which property is not other­wise lawfully disposed of, may be disposed of for value to any person, or may be disposed of for value without bids to the state, to any gov­ernmental unit, or to any political subdivision as defined in § 1.01, or if the property is without commercial value it may be donated, destroyed, or abandoned. The determination of property to be disposed of by a governmental unit pursuant .to this section instead of pursu­ant to other provisions of law shall be at the election of such governmental unit in the rea­sonable exercise of its discretion. Property, the value of which the governmental unit estimates to be between one hundred dollars and two hundred dollars, shall be sold only to the high­est responsible bidder after a request for at least three bids, or by public auction. Any sale of property the value of which the government­al unit estimates to be two hundred dollars or more shall be sold only to the highest respon­sible bidder, or by public auction, after publi­cation of notice not less than one week nor more than two weeks prior to sale in a news­paper having a general circulation in the coun­ty or district in which is located the official office of the governmental unit, and in addition­al newspapers if in the judgment of the gov­ernmental unit the best interests of the county or district will better be served by the addi­tional notices; provided that nothing herein contained shall be construed to require the sheriff of a county to advertise the sale of mis­cellaneous contraband of an estimated value of less than two hundred dollars.

Blstor:r.-§6, ch. 59-163.

274.07 Authorizing and recording the dis­posal of property.-Authority for the disposal of property shall be recorded in the minutes of the governmental unit. The disposal of property within the purview of §27 4.02 shall be recorded in the records required by that section.

Blstor;r.-§7, ch. 59-163.

274.08 Penalty.-Any person who violates any provision of this act or any rule prescribed pursuant to its authority shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§8, ch . 59-163; §158, ch. 71-136.

274.09 Construction.-The provisions of this act shall be liberally interpreted to be cumu­lative and supplementary to any general, spe­cial or local law, heretofore or hereafter en­acted.

Hlstor:r.-§10, ch. 59-163.

274.10 Initiation of act.-This act shall gov­ern the administration of the property of each governmental unit from the beginning of such governmental unit's fiscal year next succeeding May 28, 1959.

Hlstor;r.-§11, ch. 59-163.

27 4.11 County health department property. -Title to property purchased by county health departments established pursuant to the provi­sions of chapter 154, whether purchased with federal, state or county funds, or any combina­tion thereof, shall be vested in the board of county commissioners of the county where said county health department is located and shall be accounted for in accordance with the provi­sions of this chapter.

Blstor:r.-§ 1, ch. 61-46.

1350

TITLE XVIII PUBLIC BUSINESS

CHAPTER 282

GENERAL AND MISCELLANEOUS APPROPRIATIONS

282.01 General appropriations, fiscal year 1969-1970.

(1) Salaries and other expenditures, designated state agencies.

(2) Capital outlay-buildings and improvements -for designated agencies.

(3) J. Hillis Miller Health Center appropriation.

( 4) Capital outlay for district schools. (5) Specialized facilities for excep­

tional children's programs. (6) Salaries of governor, cabinet, ju­

dicial officers and public service commission.

(7) Offices of state attorneys. (8) Salaries of public defenders. (9) Full-time service defined.

(10) Determination of number of po­sitions of state attorneys and public defenders.

(11) Transfer of funds for treatment of certain recipients of welfare.

(12) Transfer of funds from general revenue to trust funds.

(13) Transfer of funds due to govern­ment reorganization.

(14) Transfer from working capital fund to general revenue fund.

(15) Limitation on use; deficiency and emergency funds; contingency funds for drugs and medical care.

(16) Limitation on use of funds ap­propriated for health and wel­fare scholarship programs.

(17) Limitation on expenditure of funds appropriated pursuant to subsection (1).

*282.01 General appropriations, fiscal year 1969-1970.-

(1) SALARIES AND OTHER EXPENDI­TURES, DESIGNATED STATE AGENCIES.-

(a) The moneys in the following items are appropriated from the named funds for the 1969-1970 fiscal year to the state agency indi­cated, as the amounts to be used to pay the salaries and other expenditures of the named agencies, and are in lieu of all moneys ap­propriated for these purposes in the indicated section of tbe Florida Statutes, except that if additional moneys are needed to meet the re­quirements of a continuing appropriation of a

(18) Method of obtaining part of the cost of providing the services provided in items 778 and 780 of subsection (1).

282.011 Miscellaneous appropriations; 1969-1970 fiscal year.

(1) Florida police academy. (2) Organization of junior college

in Pasco county. (3) Educational television stations. ( 4) Alcoholic rehabilitation program. (5) Compensation of members of

industrial commission. (6) Choctawatchee bay; use study

by department of natural re­sources.

(7) University of Florida light horse unit for horse research.

(8) Fire fighting; department of community affairs.

(9) Stephen Foster memorial com­mission.

(10) Educational research and de­velopment.

(11) Divisions of highway ·patrol and driver licenses ; department of highway safety and motor vehi­cles.

(12) Aid to families with dependent children.

282.012 Expenditures for capital outlay; junior colleges and institutions of higher learning.

282.013 Expenditures for capital outlay proj­ects; junior colleges, area voca­tional-technical centers.

282.014 Additional appropriation for capital outlay projects; junior colleges, area vocational-technical centers.

282.02 University of Florida; building appro­priations.

trust fund and additional moneys are available in the named trust fund, the department of ad­ministration is authorized to approve the ex­penditure of additional, available moneys in such trust fund in such amount(s) as may be necessary to meet such deficiency.

(b) Appropriations made in items 150-169, 176b-211. and 227-241 to the board of commis­sioners of s-tate institutions [department of health and rehabilitative services] and in items 808-921, to the board of regents may be transferred, notwithstanding the provisions of ~216.292, to another institution within the same division or between institutions of higher

1351

Ch. 282 GENERAL AND MISCELLANEOUS APPROPRIATIONS Ch. 282

learning with the approval of the department of administration upon its determination that such transfers are necessary because of trans­fers of inmates or patients from one institu­tion to another, because of shifts in the number of full-time equivalent students budgeted at each institution, or for other justifiable rea­sons, in order adequately to provide the neces­sary services at each institution which the department of administration determines to be in the best interest of the state. However, the total annual appropriation in this section to any institution may not be increased or de­creased by more than twenty percent as a re­sult of such transfers.

(c ) Appropriations made in items 144a and 150-169 to the board of commissioners of state institutions [department of health and reha~il­itative services] may be transferred, notwith­standing the provisions of ~216.292, to be used for community mental health programs au­thorized by the legislature upon recommenda­tion of the division director and with the ap­proval of the department of administration, upon its determination that such transfers are in the best interest of the state. However, the total amount which may be transferred pur­suant to this provision shall not exceed ten percent of the total appropriations made in items 150-169.

(d ) Appropriations made in items 176b-211 to the board of commissioners of state insti­tutions [department of health and re~abilitat.ive services] may be transferred, notw1thstandmg the provisions of ~ 216.292, to be used for com­munity mental retardation programs authorized by the legislature, upon recommendation of the division director and with the approval of the department of administration, upon its det~r­mination that such transfers are m the best In­terest of the state. However, the total amount which may be transferred pursuant to this provision shall not exceed ten percent of the total appropriation in items 176b-211.

(e) All laws to the contrary notwithstand­ing, any amount which is declared surplus by the secretary of the department of health and rehabilitative services, and approved by the state administration commission, in the general revenue appropriation made in item 521 of ch. 69-100 may be transferred to the general revenue appropriation contained in item 765 of ch. 69-100 for use specifically and only in the child welfare service-foster home programs in the counties; provided a request for such transfer is forwarded to the secretary of the department of health and rehabilitative serv­ices from the county government which has surplus funds on account under item 521 of ch. 69-100. The amount so transferred may be combined with and expended in the same man­ner as the general revenue appropriation con­tained in item 765 of ch. 69-100. This act shall apply only to the fiscal year 1969-1970.

(f) The department of general services is hereby authorized to expend a portion of the trust fund capital outlay appropriation for the

department of agriculture and consumer serv­ices contained in item 2, ~4, ch. 69-100 (the general appropriations act) for improvements at the Bonifay livestock market. It is the intent of the legislature that improvements be made at both the Bonifay farmers market and the Bonifay livestock market from the appropria­tion made in the item cited herein, so long as the appropriation is not exceeded.

(g) Any funds previously appropriated to the auditor general and the department of rev­enue and not required for present programs may be transferred by the administration com­mission to the auditor general as needed to carry out the provisions of ch. 69-1735 and house joint resolution 7-A (passed by the 1969 special session l .

(2) CAPITAL OUTLAY -BUILDINGS AND IMPROVEMENTS FOR DESIGNATED AGENCIES.-The moneys in the following items are appropriated from the named funds to the department of general services for the named agencies for capital outlay-buildings and im­provements for the fiscal year 1969-1970 as listed herein. However, no contract shall be entered into or any of the funds encumbered in any manner without the approval and con­sent of the department. The sums herein desig­nated in respect to each item are the maximum sums appropriated hereby and to be expended hereunder for the respective items listed. How­ever, if the amount to fully complete any build­ing, project, or improvement in the particular item under any agency listed herein is less than the specific amount designated for such item, then, notwithstanding the provisions of ~216.301 (2 ) , the surplus amount in that behalf may be used to supplement the amount desig­nated for any other items under the same agency by and with the approval of the depart­ment of administration when it determines that a deficiency exists in such item.

(3 ) J. HILLIS MILLER HEALTH CENTER APPROPRIATION.-There is hereby reappro­priated the sum of $600,000 to the board of regents from uncommitted surplus funds re­maining in capital outlay appropriations here­tofore made to the board of regents or insti­tutions under its jurisdiction, for the purpose of providing planning funds for project I (ex­pansion of medical center health facilities and the dental college) at the J. Hillis Miller Health Center at the University of Florida.

(4) CAPITAL OUTLAY FOR DISTRICT SCHOOLS.-The sum of $27,500,000.00 is ap­propriated from the general revenue fund for the 1969-1970 fiscal year to the state board of education to be expended in the manner and for the purpose provided in *236.074, and is in lieu of the continuing appropriation in said section. However, if the amount appropriated herein is insufficient and a surplus exists in Items 353 or 355 of subsection (1), then, not­withstanding the provisions of ~216.292, such surplus, to the extent necessary, shall be trans­ferred to the appropriation contained in this section.

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Ch. 282 GENERAL AND MISCELLANEOUS APPROPRIATIONS Ch. 282

(5) SPECIALIZED FACILITIES FOR EX­CEPTIONAL CHILDREN'S PROGRAMS.-The sum of $4,000,000 is appropriated from the general revenue fund to be distributed to in­dividual school districts for capital outlay purposes for critical facility needs and for specialized equipment necessary for the ini­tiation of programs for exceptional children in accordance with criteria and priorities to be established by the state board of education. Such appropriation is in addition to the estab­lished capital outlay funds for public school programs.

(6) SALARIES OF GOVERNOR, CABINET, JUDICIAL OFFICERS AND PUBLIC SERV­ICE COMMISSION.-

(a) The salaries of the following officers, effective July 1, 1969, shall be as provided by current law. Effective September 1, 1969, they shall be paid at the annual rates indicated below: Position

Governor Lieutenant Governor Secretary of State Comptroller Treasurer, State Attorney Genet a! Education, Commissioner of Agriculture, Commissioner of Supreme Court Jus tices (7} Judges- District Courts of Appeal (20) Judges- Circuit Court ( 125 ) Commiss ioners-Public Service Commission (3 )

Effective 9-1-69 $ 36,000

34,000 34,000 34,000 34,000 34 ,000 34 ,000 34 ,000 34,000 31,200 28,500 23,500

(b) The department of administration shall not increase the salaries of any other officer or agency head effective prior to September 1, 1969.

(c) The board of regents or the board of trustees of the Florida school for the deaf and the blind shall not increase the salaries of any individual covered by their respective pay plans until such pay plans have been filed with the legislative appropriations committees and the auditor general.

(d) No judge of a district court of appeal shall receive from any county or municipality any supplemental salary which shall make his total salar.ies exceed $28,000 per annum from July 1, 1969, through August 31, 1969, and $31,200 per annum thereafter and no judge of a circuit court shall receive from any county or municipality any supplementar salary which shall make his total salaries exceed $24,000 per annum from July 1, 1969, through August 31, 1969, and $28,500 per annum thereafter; but should the state salary of a judge of a district court of appeal or a judge of a circuit court fall below the maximum stated above, then any local or special law to the extent otherwise applicable shall be effective to provide a total compensation for such judges up to, but not to exceed, the maximum indicated above. Any supplement now provided by local or special acts, to the extent it does not conflict with the maximum salary herein fixed, shall not be affected by this provision.

(7) OFFICES OF STATE ATTORNEYS.­Salaries and other related costs of state at­torneys' offices; limitations:

(a) Salaries of state attorneys.-1. The salaries of the state atorneys to be

paid by the state shall be as provided in chap­ter 67-300 through August 31, 1969. Beginning on September 1, 1969, the salaries to be paid by the state of state attorneys who elect to serve on a full-time basis, as provided in sub­paragraph 2., shall be as follows: $16,000 per annum in the sixteenth judicial circuit; $24,000 each per annum in the first, third, ninth, fif­teenth, seventeenth, eighteenth, and nineteenth judicial circuits; $25,000 each per annum in the tenth and thirteenth judicial circuits; $26,500 per annum in the seventh judicial cir­cuit; $27,000 each per annum in the second, fifth, eighth, twelfth, and fourteenth judicial circuits; $27,500 per annum in the sixth judi­cial circuit; $28,500 per annum in the fourth judicial circuit; and $32,000 per annum in the eleventh judicial circuit. The state attorneys so serving full time shall not receive from any county or municipality any supplemental salary, except in the eleventh judicial circuit where the total salary shall not exceed $33,000 per annum.

2. If the state attorney elects to serve full time, he shall submit an affidavit to the clerk of the circuit court with certified copies sent to the judicial administrative commission and the department of administration.

3. If the state attorney elects not to serve full time, his salary shall be as provided in chapter 67-300 during 1969-1970.

(b) Salaries of assistant state attorneys.­The salaries of the assistant state attorneys to be paid by the state shall be as provided in chapter 67-300 through August 31, 1969. Beginning on September 1, 1969, the salary of the assistant state attorneys to be paid by the state shall not exceed $20,000 each per annum on a full-time basis and $12,000 each per annum on a part-time basis. There shall be no full time assistant state attorney paid from state funds in a judicial circuit unless the state attorney of said circuit has elected to serve fu II time.

(8) SALARIES OF PUBLIC DEFEND­ERS.-

(a) The salaries of the public defenders to be paid by the state shall be as provided in chapter 67-300 through August 31, 1969. Be­ginning on September 1, 1969, the salaries of public defenders to be paid by the state, based on a full-time service, shall be $19,000 each per annum. If the public defender elects not to serve full time, his salary to be paid by the state shall not exceed the amount paid during 1968-1969, provided nothing contained herein shall be construed to reduce the salary of any public defender.

(b) If the public defender elects to serve full time, he shall submit an affidavit to the clerk of the circuit court with certified copies sent to the judicial administrative commission and the department of administration.

(c) There shall be no full time assistant public defender paid from state funds in a ju-

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Ch. 282 GENERAL AND MISCELLANEOUS APPROPRIATIONS Ch. 282

dicial circuit unless the public defender of said circuit has elected t o serve full time.

(9) FULL-TIME SERVICE DEFINED.­Full-time service as contemplated in subsec­tions (7) and (8 ) shall mean that the person occupying the position of state attorney, as­sistant state attorney, or public defender shall not otherwise engage in the practice of law or accept any compensation in addition to their salary for any legal service.

(10 ) DETERMINATION OF NUMBER OF POSITIONS OF STATE ATTORNEYS AND PUBLIC DEFENDERS.-Notwithstanding the provisions of chapter 27 and ~216.262 the state attorneys and the public defenders shall de­termine the number of authorized positions to be paid from their respective a ppropriations.

( 11) TRANSFER OF FUNDS FOR TREAT­MENT OF CERTAIN RECIPIENTS OF WEL­FARE.-

(a ) If the department of administration de­termines that the best interest of the state would be served by transferring amounts ap­propriated for the division of mental health, the division of mental reta rda tion, or the state tuberculosis board to the division of family servi ces of the department of health and re­habilitative services, then , notwithstanding the provisions of ~ 216.292, any amounts appro­priated to those agencies may be transferred to the said division to pay for treatment of psychiatric, mentally retarded, or tubercular patients.

(b) Notwithstanding the provisions of ~965.-08 (3 ) , any funds received for the treatment or care of patients, based upon the federal social security act as amended, by an institu­tion in the divisions of mental health or men­tal retardation of the department of health and rehabilitative services may be deposited into a trust fund for the operation of the division with the approval of the department of admin­istration.

(12) TRANSFER OF FUNDS FROM GEN­ERAL REVENUE TO TRUST FUNDS.-When a state agency for which an appropriation is made in this act is jointly financed from the general revenue fund and from a trust fund, then. notwithstanding the provisions of §216.-292, general revenue fund appropriations for salaries may be transferred to a trust fund appropriation for salaries for the purpose of processing centralized payrolls.

(13) TRANSFER OF FUNDS DUE TO GOVERNMENT REORGANIZATION.-When any reorganization has been authorized by the 1969 legislatuFe and the necessary adjustments of appropriations have not been provided for, then, notwithstanding the provisions of *216.-292, the department of administration may ap­prove the necessary transfers of appropriations to accomplish the purposes of such reorgani­zation.

(14 ) TRANSFER FROM WORKING CAPI­TAL FUND TO GENERAL REVENUE FUND. -Notwithstanding the provisions of §s215.18 and 215.32, an amount up to but not to exceed

$50,000,000 is appropriated from the working capital fund during the 1969-1970 fiscal year, f or transfer to the general revenue fund. Transfers of this appropriation shall be made only after the department of administration determines that insufficient moneys are avail­able in the general revenue fund to meet the appropriations from said fund during the 1969-1970 fiscal year.

(15 ) LIMITATION ON USE; DEFI­CIENCY AND EMERGENCY FUNDS; C ONTINGENCY FUNDS FOR DRUGS AND MEDICAL CARE.-The funds appro­priated in subsection (1), items 714, 715, and 715a, from the general revenue fund to the department of administration are to be used solely to supplement the appropriations made from the general revenue fund to the named agencies in subsection (1) for the particular activity or function to be performed when the need arises as a result of an emergency or deficiency, as the case may be. This money shall be transferred to the affected requesting agency's account only after the department of administration hears evidence and determines the existence of an emergency or that insuffi­cient moneys were appropriated to pay the necessary costs of proper administration of the duties assigned to the requesting agency, as the case may be, during a public hearing and after requesting the advice of the legislative appropriations committees. No money appro­priated in subsection (1), items 714, 715, and 715a, shall be used to create any new agency or function, or for attorney's fees, increases of salaries or the construction or equipping of any building.

(16) LIMITATION ON USE OF FUNDS APPROPRIATED FOR HEALTH AND WEL­FARE SCHOLARSHIP PROGRAMS.-No state moneys appropriated in this section to the division of health of the department of health and rehabilitative services in items 505-522 or to the division of family services of the department of health and rehabilitative serv­ices in items 757-781f shall be used to pay travel expenses or out-of-state tuition of indi­viduals receiving educational leaves, grants, or scholarships. However, out-of-state tuition may be paid in those instances in which authorized courses are not offered in the state university system.

(17) LIMITATION ON EXPENDITURE OF FUNDS APPROPRIATED PURSUANT TO SUBSECTION (1).-

(a) Advocates of overthrow of government.­No moneys appropriated in items 1-1015 of subsection (1) shall be expended directly or indirectly, as salaries or otherwise, to inure to the benefit of any employee or student who advocates the overthrow of the government of the United States or the State of Florida or a state university administration by force and violence, or willfully practices, or advocates with clear intent, the disruption of or inter­ference with the lawful administration or func­tions of any state university or college.

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Ch. 282 GENERAL AND MISCELLANEOUS APPROPRIATIONS Ch. 282

(b) Persons convicted of trespass on school property.-No moneys appropriated in items 1-1015 of subsection (1) may be used to provide a loan, guarantee of a loan, or grant to any applicant who hereafter has been convicted in any court of record of any crime which involves the use of, or the assistance to others in the nse of, force, trespass, or the seizure of property under control of any state college, state junior college, or state university to prevent officials or students at such institutions from engaging in their duties or pursuing their studies.

(c) Unauthorized transfeT of services of per­sonnel between agencies.-No individual filling a position authorized in items 1-1015 of subsec­tion (1) of this act for any state agency may be transferred to, or his services utilized by, any other state agency except as specifically author­ized by law, or unless the using agency pays for such services which are in excess of one week.

(d) Air travel.-No moneys appropriated in items 1-1015 of subsection (1) shall be expended for air travel other than on a scheduled licensed commercill\ carrier flying regular schedules, ex­cept that moneys may be expended for air travel in state-owned aircraft, which may not exceed a model in excess of a twin-engine prop jet, operated through a state aircraft pool which has been specifically authorized by law. The pool may assign an aircraft for the exclusive use of the governor or any member of the cabinet. Nothing in this section shall prohibit reimbursement of travel expenses as provided in ~112.061.

(18) METHOD OF OBTAINING PART OF THE COST OF PROVIDING THE SERVICES PROVIDED IN ITEMS 778 AND 780 OF SUB­SECTION (1 ).-

(aJ Although the state is responsible for the full portion of the state's share of the matching funds required in the medical as­sistance program for the needy under the social security act as amended, which state's share is as shown in this section, the state, in order to acquire a certain portion of these funds, shall charge the counties for certain items of care and service as hereafter pro­vided.

(b) County participation shall begin Jan­uary 1, 1970, and each county shall participate in the following items of care and service:

1. Payments for inpatient hospitalization in excess of 12 days.

2. Payments for nursing home care in ex­cess of $120 per month.

(c) County participation shall be thirty-five percentum of the total cost of providing the above -items.

(d) Each county shall set aside sufficient funds to pay for items of care and service pro­vided to the county's eligible recipients, re­gardless of where in the state the care or service is rendered, in those items of care and service in which the counties participate. Be­ginning January 1, 1970, each county shall pay into the general revenue fund unallocated its pro rata share of the total county participation based upon statements rendered by the division

of family services of the department of health and rehabilitative services. The comptroller shall withhold from the cigarette tax receipts or any other funds to be distributed to the counties the individual county share which has not been remitted within thirty days after billing.

(e ) In any county where there is located a special taxing district or authority which will benefit from the medical assistance pro­grams contemplated by this section, the board of county commissioners may divide the coun­ty's financial responsibility for this purpose proportionately and each such authority or district shall furnish its share to the board of county commissioners in time for the board to comply with the requirements of paragraph (d). Appeals of the aforesaid proration by the board of county commissioners shall be made to the department of banking and finance which shall then set the proportionate share of each party.

History.-H 1-19. ch . 69-100; ~ 8. ch. 69 -82; U12, 19, 22 , 31, 35, ch . 69-106; U . ch. 69-1750 ; H . ch . 69-1751; H. ch. 69-1746 .

•Note.-This section will be deleted from the Florida Statutes by a subsequent reviser's bill as not being "of a general and permanent nature."

*282.011 Miscellaneous appropriations; 1969-1970 fiscal year.-

(1) FLORIDA POLICE ACADEMY.-(a ) Establishm ent of academy.-There shall

be appropriated from the general revenue fund during the fiscal year commencing July 1, 1969, an amount not to exceed $488,575.00 for the purpose of the establishment of a · Florida police academy and the acquiring, leasing, purchase, or construction of such buildings and facilities; for scholarship loans as aforesaid; for equipment, salaries, operating expenses, maintenance, sup­plies and other expenses necessary for the estab­lishment and operation of such academy as the department of law enforcement shall determine. In no event shall such appropriation exceed the amount paid into the state treasury by the sev­eral courts of the state, as provided in ~23.103.

(b ) Administration of police training pro­gram.-The sum of $400,000.00 is appropriated from the general revenue fund for the purpose of carrying out the provisions of ~~23 .091-23.107. In no event shall such appropriation exceed the amount paid into the state treasury by the several courts of the state as provided in §23.-· 103. The trust fund for block grant matching established by s23.106 shall receive funds from the one dollar assessments levied under ~23.103 commencing at such time as collections in the state treasury from said assessments exceed the $488,575.00 appropriated and earmarked for the establishment of the Florida police academy. If the collections in the state treasury from said assessments exceed the amounts appropriated in chapter 69-111, Laws of Florida, then such funds in excess of the amounts appropriated herein are hereby appropriated and earmarked to the Florida police academy and the trust fund for block grant matching, equally, and shall be disbursed by the department of administration to the Inter-Agency Law Enforcement Planning

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Ch. 282 GENERAL AND MISCELLANEOUS APPROPRIATIONS Ch. 282

Council and to the department of law enforce­ment for the Florida police academy, equally, as provided herein.

(2 ) ORGANIZATION OF JUNIOR COL­LEGE IN PASCO COUNTY.-There is hereby authorized to be expended from funds appro­priated for the minimum foundation program for junior colleges the amount of $50,000.00 for organizational expenses of a junior college in Pasco county insofar as funds are avail­able in this appropriation. Upon certification by the commissioner of education to the comp­troller of the creation of a junior college in said county and that funds are available for this purpose, the comptroller shall draw his warrant in the amount of $50,000.00 on the general revenue fund from the minimum foun­dation appropriation for junior colleges pay­able to the district board of trustees of said junior college. Upon receipt of such warrant, said board of trustees shall create, and deposit said warrant in, a junior college fund to be expended for expenses incurred in the organi­zation of said junior college.

(3) EDUCATIONAL TELEVISION STA­TIONS.-There is hereby appropriated to the state board of education from the general revenue fund for the replacement of equipment at educational television stations the amount of $200,000.00 for 1969-1970.

(4) ALCOHOLIC REHABILITATION PRO­GRAM.-There is hereby appropriated to the department of health and rehabilitative serv­ices for the alcoholic rehabilitation program as provided for in chapter 396 from the gen­eral revenue fund during the 1967-1969 bien­nium the following amounts: Operat i on s

Salaries OPS Expenses Food Products

1967 - 68

oco .......... . .............. .

$ 636,136 73,869

209,832 29,865 30,800 47,090 48 ,727

Grants in aid Retirement & SS

Capital Outlay Lump Sum

1967-68 .. .. $ 205,092

1968-69 $ 664,187

73,869 207,332

31 ,970 10,400 47 ,090 52,594

1968-69

(5) COMPENSATION OF MEMBERS OF INDUSTRIAL COMMISSION.-

(a) Each of the two members of the Flor­ida industrial commission other than the chair­man shall be paid a salary of $7,200 per annum in lieu of the salary provided in ~ ~ 440.44 (2) and 443.11(1 ) .

(b) There is hereby appropriated from the named funds for the fiscal year beginning July 1, 1969, to the Florida industrial commission the amounts entered herein to pay the salaries of the two members of the Florida industrial commission other than the chairman:

1969-70 Salaries of 2 members

From workmen's compensation administration trust fund $7,200

From employment security administration trust fund $7,200

(6 ) CHOCTAWHATCHEE BAY, USE

STUDY BY DEPARTMENT OF NATURAL RESOURCES.-There is hereby appropriated from the general revenue fund to the depart­ment of natural resources for the purposes of carrying out the study authorized by *370.031 the sum of $50,000.

(7 ) UNIVERSITY OF FLORIDA LIGHT HORSE UNIT FOR HORSE RESEARCH.­There is appropriated to the institute of food and agricultural sciences of the University of Florida from the general revenue fund for the purposes of carrying out the program author­ized by ~241.361 the lesser of $78,000 or the net revenue increase to the general revenue fund resulting from the amendments to chap­ter 550 as provided by chapter 69-86, Laws of Florida, which increased the pari-mutuel tax.

(8) FIRE FIGHTING; DEPARTMENT OF COMMUNITY AFFAIRS.-There is appropri­ated to the department of community affairs from the general revenue fund the sum of $25,000 for the purpose of employing a director and a secretary, and to meet necessary office expenses and to carry out the purpose and in­tent of ~~163.470-163.570, relating to standards for fire fighters.

(9) STEPHEN FOSTER MEMORIAL COM­MISSION.-There is appropriated from the state general revenue fund to the Stephen Foster memorial commission of the department of state the sum of $20,350 for the payment of architects' fees incurred in the preparation of plans and specifications for a proposed audi­torium.

(10) EDUCATIONAL RESEARCH AND DEVELOPMENT.-There is hereby appropri­ated to the state commissioner of education the sum of $82,400 for the 1969-1970 fiscal year to be used to pay the salaries and ex­penses of adequate staff, the advisory commit­tee, and the board of governors, and to con­tract with appropriate and qualified agencies, as deemed necessary by the state commissioner of education, in carrying out the purposes of ~229.561. These funds shall be in addition to and shall become a part of other funds appro­priated to the commissioner of education for the 1969-1970 fiscal year.

(11) DIVISIONS OF HIGHWAY PATROL AND DRIVER LICENSES; DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VE­HICLES.-There is hereby appropriated from the general revenue fund the sum of $700,000 to the department of highway safety and motor vehicles for expenses of the division of Florida highway patrol and the division of driver licenses.

(12 ) AID TO FAMILIES WITH DEPEND­ENT CHILDREN.-

(a) There is hereby appropriated to the department of health and rehabilitative serv­ices to supplement the appropriations made in item 767 of ch. 69-100 for the fiscal year ending June 30, 1970, the following amounts:

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