Title: Study of preservation at the local level : Boca Raton and Tallahassee
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 Material Information
Title: Study of preservation at the local level : Boca Raton and Tallahassee
Physical Description: Book
Language: English
Creator: Bessette, Ted
Publisher: Ted Bessette
Place of Publication: Gainesville, Fla.
Copyright Date: 1976
 Subjects
Subject: Historic preservation
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Bibliographic ID: UF00100881
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
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Full Text
STUDY OF PRESERVATION

AT THE LOCAL LEVEL


BOCA RATON
and
TALLAHASSEE







AE 601
WINTER 76
TED BESSETTE





, -l. & 1975 REGULAR SESSION


HISTORIC TAMPA/HILLSBOROUGH COUNTY
PRESERVATION BOARD OF TRUSTEES

CHAPTER 75-188

SENATE BILL NO. 804


An Act relating to historic preservation boards of trustees; creating part VI
of chapter 266, Florida Statutes; creating the Historic Tampa/Hills.
borough County Preservation Board of Trustees; Providing definitions;
providing for appointment, terms of office, payment of expenses and
bonding of board members; providing powers of board; providing for
establishment of historic districts; providing for architectural review
boards; creating the Ybor City Historic District; creating the Barrio
Latino Commission; providing an appropriation; Providing that the
Historic Tampa/Hillsborough County Preservation Board of Trustees
be subject to budget review and approval by the secretary of state; re-
pealing s. 266.209, Florida Statutes, relating to boards subject to direct
control of the secretary of state; repealing chapters 59-1923, 63-1979
and 67-2117, Laws of Florida, relating to the Barrio Latino Commission;
providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1. Part VI of chapter 266, Florida Statutes, consisting of sections
266.401, 266.402, 266.403, 266.404 266.405, 266.406, 266.407, 266.408, 266.409
and 266.410, is created to read:

PART VI. HISTORIC TAMPA/HILLSBOROUGR COUNTY
PRESERVATION BOARD OF TRUSTEES
266.401 Historic Tampa/Hillsborough County Preservation Board of Trustees
There is created within the Department of State the Historic Tampa/IHills-
borough County Preservation Board of Trustees, a body corporate, the pur-
pose 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, monu-
ments, locations, remains, buildings and other objects of historical or anti-
quarian interest of tlillsborough County. The selection for acquisition,
restoration, reservation, maintenance, reconstruction, reproduction and o
aeraion shall be made by the board based on criteria of historical evaluation
as established by the Department of State.
266.402 Definitions
Unless otherwise clearly indicated, as used in this part:
(1) "Board" means the Historic Tampa/Hillsborough County Preservation
Board of Trustees of the Department of State.
(2) "Facilities" means historic sites, districts, objects and landmarks for
exhibition, owned, leased, managed or operated by the board.
266.403 Membership; terms; compensation; bond
) The board shall consist of nine members to be appointed by the gov-
ernor not later than November I, 1975, and confirmed by the state senate.
Members of the original board shall be appointed for terms as follows:
Three for 2 years; three for 3 years; and three for 4 years. Thereafter,
members shall be appointed for 4-year terms except for appointments for
unexpired terms, in which event the appointment shall be for the unexpired
term only. The appointment of members to the board shall be made as fol-
376


I,-


1975 REGULAR SESSION Ch. 75- 166

lows: Four members shall be residents of the City of lpa, selected from
a list of not less than six nominees submitted to the governor by the Tampa
City Council; one member shall be a resident of the City of Temple Terrace,
selected from a list of not less than three nominees submitted to the gov-
ernor by the Temple Terrace City Council; one member shall be a resident
of the City of Ilant City, selected from a list of not less than three nominees
submitted to the governor by the Plant City City Commission; and three
members shall be residents of the unincorporated areas of Hillsborough
County, selected from a list of not less than five nominees submitted to the
governor by the hoard of county commissioners of Hillsborough County.
(2) Board members shall be qualified through the demonstration of spe-
cial interest, experience or education in history, architecture or other re-
lated fields and shall possess an active interest in the historical aspects of
Tampa and the surrounding area of Hillsborough County, either through an
organization or body, the purposes of which are consistent with the pur-
poses of this part, personal interest and contribution. The members of the
board, including the chairman, shall receive no compensation for their serv-
ices, 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 s. 112.061. Each member shall
give a surety bond in the sum uf 35,000, executed by a surety company au-
thorized to do business in this state, payable to the governor and his suc-
cessors in office and conditioned upon the faithful performance of the mem-
ber's duties. The cost of each such bond shall be borne by the board.
266.404 Organization; records
Within 15 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, vice-chairman and secretary-treas-
urer. 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 there-
of recorded. Permanent records shall be maintained which shall reflect all
official transactions of the board.
266.405 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 special account. All re-
ceipts and disbursements of the board shall be handled subject to the same
laws, rules and regulations as other state funds are handled. -
266.406 Powers of the board
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.
13) To exercise any power not in conflict with the constitution of the
state or the United States which is usually possessed by private corpora-
tions or public agencies performing comparable functions.
(4) To establish an office at Tampa, Florida, for the conduct of its af-
fairs.
(5) To acquire, hold, lease and dispose of real and personal property or
any interest therein for its authorized purpose.
(6) To plan facilities, to demolish existing structures, to construct and re-
construct, 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
377


1









Ch. 75-1 1975 REGULAR SESSION

franchises necessary or convenient for its purposes; 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 which 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 pow-
ers and duties and fix their compensation.
(9) To draft a historical plan of development for Hillsborough County,
and the board shall have the authority to recommend to the governing bodies
of Hillsborough County and the Cities of Tampa, Temple Terrace and Plant
City the creation of a historical district or districts which shall include
any sectioA 5r sections of Hillsborough County containing buildings, land-
marks, sites or facilities of historical or architectural value and having an
overall atmosphere of architectural or historical distinction, or both. Such
facilities having historical or architectural value shall be designated by the
board based on the criteria of historical evaluation as established by the
Division of Archives, History and Records Management of the Department
of State.
(10) To acquire from the City of Tampa, the City of Temple Terrace, the
City of Plant City or Hillsborough County, the state, the United States or
any state thereof, or any foreign country or colony any existing property,
real or personal, now owned by it or hereafter acquired, 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 Tampa, the City of Temple
Terrace, the City of Plant City or Hillsborough County for the purposes
of providing police and fire protection, water, sanitation and other public
services deemed necessary or expedient, and said municipalities and county
are authorized to enter into such contracts.
(12) To contract with any agency of the state, the Federal Government, the
City of Tampa, the City of Temple Terrace, the City of Plant City, Hills-
borough County, or any firm or corporation, upon such terms and conditions
as the board finds in its best interest, with respect to the establishment, con-
struction, operation and financing of the facilities of the board in Hillsborough
County.
(13) To make and enter into all contracts or agreements with private indi-
viduals, corporations, organizations, historical societies and others with ref-
erence to facilities and to enter into contracts and agreements, with or with-
out 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 op-
erate the facilities contemplated by this part, including the renting or leas-
ing for revenue of any land, improved or restored real estate or personal
property directly related to carrying out the purposes for which the board is
created.
(15) To fix and collect charges for admission to any of the facilities oper-
ated and maintained by the hnnrl :donrl- t,: ,b,-.a .n.,. .: .


1975 REGULAR SESSION Oh. 75-188

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 organiza-
tion, restoration and construction prior to the operation of the facilities of
the board, and to issue negotiable revenue certificates payable solely from
revenue from the operation of such facilities and from authorized activities
incidental thereto.
(17) To perform all lawful acts necessary, 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 board, 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.
266.407 Powers of governing bodies in and of Hillsborough County; archi-
tectural review board
(I) Governing bodles.-The governing bodies of Hillsborough County and
the Cities of Tampa, Temple Terrace and Plant City within their boundaries
to the extent that they do not conflict with one another are authorized:
(a) To establish historical districts on the recommendation of the board.
(b) To name an architectural review board in the manner prescribed in
subsection (2)(a).
(c) To prescribe the procedure for the review of building plans or for the
destruction of a building which is to be erected, renovated or razed and which
,is located or to be located within the designated historical district or dis-
tricts, 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 s. 266.406(9).
(e) To utilize their employees in the enforcement and regulation of the
provisions of s. 266.406(9).
(2) Architectural Review Board; Membership; Terms; Powers; Expendi-
tures.-
(a) Mcmnbership.-The architectural review board shall be composed of the
following members:
1. Four members from the Historic Tampa/Hillsborough County Preser-
vation Board of Trustees, one appointed by each governing body from the
n embers of the board representing their respective governmental units.
2. The executive director of the city/county planning commission or his
designee.
3. Four members who are registered architects in at least the State of
Florida, one appointed by each of the four governing bodies, and who have
demonstrated an active interest in the purposes of this part through training
or experience in architectural history.
(b) Terms.-Mcmbers shall be appointed for a term of 2 years except in the
case of an appointment to fill a vacancy in which event the appointntm shall
be for the unexpired term only.
(c) powers.-The architectural review board shall have the 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
,i-ti, t ,i:,t :.l \i-.ri t li-ir t l-tldiihod in 2461.4)%. and to, regiilate reason-





, Ch. 75-1 1975 REGULAR SESSION

Sable land use to the extent necessary to preserve historical integrity and an-
cient appearance within any and all historical districts established by the
governing bodies, including, but not limited to, the authority to make recom-
mendations to the appropriate zoning authorities to deny or grant variances
from the zoning ordinances of the governing bodies applicable to historical
districts. The designation and preservation of buildings and structures with-
in any historical district or districts established under s. 266.409(9i, 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 char-
acter is hereby designated to be a public purpose, but no regulation shall be
adopted which is in conflict with any zoning ordinance of any of the govern-
ing bodies, applicable to such area.
2. To adopt rules for the transaction of its business, the holding of meet-
ings, and such other activities as are incident to its function.
(d) Expcenditures.-The expenditures of the architectural review board shall
be within the amounts appropriated for its purpose. The members shall re-
ceive no compensation for their services, but shall be entitled to be reim-
bursed for per diem and travel expenses within the state, excluding that travel
within Hillsborough County, incurred in the performance of their official
duties as, mbers of the architectural review board, subject to the provisions
and limitations of s. 112.061; provided that such expenditures are authorized
by a majority vote of the architectural review board at a general or special
meeting at which a quorum is present prior to incurring such travel and per
diem expenditures by any member or employee of the architectural review
board.
266.408 Ybor City Historic District; creation; Barrio Latino Commission
(1) There is created within the City of Tampa, the Ybor City Historic Dis-
trict, within which is situated the Ybor City National Historic District, com-
prising all of the area within the City of Tampa contained in the following
boundaries:
Rear property line on the north side of Columbus Drive on the north:
the rear property line on the south side of Fourth Avenue on the south:
the rear property line on the east side of Twenty-Second Street on the
east: and the rear property line tn the west side of Nebraska Avenue
on the west.
(2) There is created the Barrio Latino Commission which shall serve as
the architectural review board for the Ybor City Historic District and shall
have for its purpose the designation and preservation of such facilities in the
Ybor City Hs!ttoric districtt as it may deem appropriate.
(a) Mcn,,bcr.sh ip.-The membership of the Barrio Latino Commission shall
be selected by the mayor of the City of Tampa with the concurrence of the
city council in the following manner:
1. One from the IIillsborough County Historical Commission;
2. One from the Greater Tampa Chamber of Commerce;
3. Three from the Ybor City Chamber of Commerce;
4. One from the Tampa appointees to the Historic Tampa/Hillsborough
County Preservation Board of Trustees, who shall serve as chairman for the
initial term : and
5. Three who are registered architects at least in the State of Florida,
who reside in the City of Tampa, and who have demonstrated an active inter-
est in the purposes of this part through training or experience in architectural
history.
(b) Power.s fnid duties.-
1. The Barrio Latino Commission shall have for its purpose the control
of the erection, alteration, addition, repair, removal or demolition of any
380


1975 REGULAR SESSTON bh 7 189

new or existing buildings and structures not designated as historical and
architectural value but which erection, alteration, addition, repair, removal
or demolition in the opinion of said commission will injuriously affect the
quaint and distinctive character of the Ybor City Historic District. The
Barrio Latino Commission shall have such other powers and duties as
granted to the architectural review board in.s. 266.407(2)(c)1. and as granted
to it by ordinance of the City of Tampa.
2. The procedures for hearings, submission of plans and granting of per-
mits shall be determined by the governing body of the City of Tampa.
266.409 Appropriation
The board of county commissioners of Hillsborough County, the city council.
of Tampa, the city council of Temple Terrace and the city commission of
Plant City shall appropriate in the aggregate by population annually the
amount of $50,000 to be used by said board in defraying part of the costs
incurred by it in carrying out the purposes of this part in a manner deter-
mined by the board, and the board is hereby authorized to accept contribu-
tions from the United States or any agency thereof or any individuals, organi-
zations, societies or groups in the furtherance of the purposes of the board.
266.410 Boards under chapter 266 subject to direct control of secretary of
state
The historic preservation board established in this part and the historic
preservation boards of trustees, established under chapter 266, for St. Au-
gustine, Pensacola, Tallahassee and Key West shall exercise their powers,
duties and functions as prescribed by law, subject to budget review and ap-
proval by the secretary of state. The boards of trustees shall not be placed
within a division of the Department of State, but, administratively, shall be
directly under the supervision of the secretary of state.
Section 2. Section 266.209, Florida Statutes, is hereby repealed.
Section 3. Chapters 59-1923, 63-1979 and 67-2117, Laws of Florida, are
hereby repealed.
Section 4. This act shall take effect upon becoming a law.
Approved by the Governor June 25, 1975.
Filed in Office Secretary of State June 26, 1975.




WORTHLESS CHECKS

CHAPTER 75-189

SENATE BILL NO. 1030
An Act relating to worthless checks; creating s. 832.07, Florida Statutes; pro-
viding for prima face evidence of Intent to issue a worthless check; pro-
viding Immunity from certain civil liability; providing for prima face
evidence of the Identity of the party Issuing a worthless check and of
authorization to draw upon the named account; providing an effective
date.

Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 832.07, Florida Statutes, is created to read:
832.07 Prima face evidence of Intent; Identity
(I) Intent.-
(a) In any prosecution or action under chapter 832, the making, drawing, ut-
tering. or delivery of a check, draft, or order, payment of which Is refused by




THE LETTER:


This is a sample of the letter sent to both

Tallahassee and Boca Raton. It is as brief as possible

and by asking for things such as the minutes of the

meetings it is possible for a secretary to make a copy

and answer the letter. I have not yet received a response

but will send another letter or contact the Boca Raton

Board of Commisioners personal during quarter break.




Ted Bessette
P.O. Box 12551
U. Station
Gainesville, Fla.
32604

Historic Tallahassee Preservation
Board of Trustees
Tallahassee, Florida

Dear Sirs,

As part of a Graduate Seminar in Preservation Law

at the University of Florida, College of Architecture,

I am conducting a study of Historic Preservation plans

at the local level. Any information you could send me

concerning administrative or judiciary experience you

have had with your Historic Preservation plan would be

extremely helpful. If possible a copy of the minutes

from some or all of the meetings of the board would be

valuable information. Any information you could send

would be greatly appreciated and will become a permanent

part of the Preservation Law library of the College of

Architecture. Thank You.




NOTES ON FLORIDA STATUTES:


BOCA RATON and TALLAHASSEE:

1. The purpose and function of the board concerns

itself with ancient and historic property and objects

and there is no mention of preserving for aesthetic

or environmental reasons. In Boca Raton this should

be an especially important consideration.


2. (Boca Raton only) A 1974 Supplement to the

Florida Statutes amended section 266.303, Member-

ship; terms of office etc., making it clear that

allowing local clubs to appoint members to the

board was not a satisfactory system.


3. Minutes of the meetings would be an excellent

source of information for studying a local program.


4. Number 5 under, Powers of the Board of commis-

sioners, allows the board to acquire any interest

in a property which would give them the option of

an easement rather than fee simple ownership of

property.


5. The board has the power to create historical

districts.

6. An architectural review board will be Appoi~aed

but will do nothing unless there is a historic

district created.







s. 258.16 194SPLMN O LRD TTTS 93s 6.0


3. Accept gifts of land within or contiguous
to the preserve.
4. Negotiate for, and enter into agreements
with owners of lands contiguous to sovereignty
lands for, any public and private use of any of
such lands.
5. Take any and all actions convenient or nec-
essary to the accomplishment of any and all of
the acts and matters authorized by this para-
graph.
(4) RULES AND REGULATIONS.-
(a) The Board of Trustees shall adopt and en-
force 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 cir-
cumstances.
2. Regulation of human activity within the
preserve in such a manner as not to interfere un-
reasonably with lawful and traditional public
uses of the preserve, such as fishing, (both sport
and commercial), boating, and swimming.
(b) Other uses of the preserve, or human ac-
tivity 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 sec-
tion.
(5) RIPARIAN RIGHTS.-Neither the estab-
lishment nor the management of the Biscayne
Bay Aquatic Preserve shall operate to infringe
upon the riparian rights of upland property own-
ers adjacent to or within the preserve. Reason-
able improvement for ingress and egress, mos-
quito control, shore protection, public utility
expansion, and similar purposes may be permit-
ted by the Board of Trustees or Department of
Pollution Control, subject to the provisions of
any other applicable laws under the jurisdiction
of other agencies.
(6) DISCHARGE OF WASTES PROHIBITED.
-No wastes or effluents which substantially in-
hibit the accomplishment of the purposes of this
section shall be discharged into the preserve.
(7) ENFORCEMENT.-The provisions of this
section may be enforced in accordance with the
provisions of s. 403.412. In addition, the Depart-
ment of Legal Affairs is authorized to bring an
action for civil penalties of $5,000 per day
against any person, natural or corporate, who vi-
olates the provisions of this section or any rule
or regulation issued hereunder.
(8) SECTIONS 403.501-403.515 APPLICA-
BLE.-The provisions of this section shall be
subject to the provisions of ss. 403.501-403.515.
History.-ss. 1-8, ch. 74-171.
*Note.-Bracketed word substituted for "and no" by the editors.
**Note.-The bracketed words were inserted by the editors in the
interest of clarity.


CHAPTER 259

LAND CONSERVATION ACT OF 1972

259.07 Public meetings. (New)

259.07 Public meetings.-The Department of
Natural Resources, before making recommenda-
tions to the board for the purchase of any envi-
ronmentally endangered land, shall hold a public
meeting on the proposed purchase of such land
in the county where a major portion of such land
is situated. At least 30 days in advance of such
public meeting, notice shall be published in a
newspaper of general circulation in the area
where such land is located, indicating the date,
time, and place of such public meeting. A report
of the public meeting shall be submitted to the
board along with the recommendation for pur-
chase of such land.
History.-s. 1, ch. 74-59.




CHAPTER 266

HISTORIC PRESERVATION, ETC.,
BOARDS OF TRUSTEES

PART V

HISTORIC BOCA RATON PRESERVATION
BOARD OF COMMISSIONERS


266.301

266.302
266.303

266.304
266.305

266.306

266.307

266.308


1974


Historic Boca Raton Preservation
Board of Commissioners. (New)
Definitions. (New)
Membership; terms of office; etc.
(New)
Organization, meetings, records. (New)
Treasurer; receipts and disbursement of
funds. (New)
Powers of the board of commissioners.
(New)
Establishment of historical districts.
(New)
Powers and duties of architectural re-
view board. (New)


266.301 Historic Bo Rat-on -Preservation
Board of Commissioners.-There is created
within the Department of State the Historic Boca
Raton Preservation Board of Commissioners, a
body corporate, the purpose and function of
which shall be to acquire, restore, preserve.
maintain, reconstruct, renroduce. and operate for
the ,use, benefit, education, recreation, enjoy-
ment, and general welfare of the people of this
state and nation certain ancient or historic land*
marks, sites, cemeteries. graves. military works,
monuments, locations, remains, buildings, and. rt 1..
other objects of historical or antiquarian interest
o the City of Boca Ratonand surrounding areas.
selection for acquisition, restoration, preser-


s. 266.301


s. 258.165


1974 SUPPLEMENT TO FLORIDA STATUTES 1973





1974 SUPPLEMENT TO FLORIDA STATUTES 1973


ovation, maintenance, reconstruction, reproduce regular or specially called meeting at which a
ton, and operation shall be made by the board quorum is present and the minutes thereof re- NOTE'0 3
based on criteria of historical evaluation as es- corded. Permanent records shall be maintained
tablished by the Division of Archives, History Which shall reflect all official transactions of the
H and Records Management of the Department of board.
State. History.--s. 1, ch. 74-265.
History.-s. 1, ch. 74-265.
263.305 Treasurer; receipts and disbursement
266.302 Definitions.-Unless otherwise clear- of funds.-The state treasurer shall be ex officio
ly indicated, the following words when used treasurer of the board and shall have the custody
in this part shall mean: of all its funds to be kept in a special account.
(1) "Board" means the Historic Boca Raton All receipts and disbursements of the board shall
Preservation Board of Commissioners. be handled subject to the same laws, rules, and
(2) "Facilities" includes historic sites, objects, regulations as other state funds are handled.
and landmarks for exhibition owned, leased, Hstory.--6. i. ch. 74-265.
managed, or operated by the board.
History.-s. 1. ch. 74-265. 266.306 'fWars of the board of commission-
ers.-The board shall be the governing body and
O4"" 2. 266.303 Membership; terms of office; etc.- have the power:
(1) The board shall consist o~ 1fi member- (1) To adopt a seal and alter the same at
to be appointed not later tha ( October 1. 197 pleasure.
Members of the board shall tnppined for (2) To contract and be contracted with, to sue
terms as follows: Two for 4 years, two for 3 and be sued, and to plead and be impleaded in all
years, four for 2 years and one for 1 year. Mem- courts of law and equity.
bers shall be appointed in the following manner: (3) To exercise any power not in conflict with
(a) The Junior Service -eague- shall have the constitution of the state or of the United
three appointments: One appointment for 2 States which is usually possessed by private cor-
years, one appointment for 3 years, and one ap- portions or public agencies performing compa-
pointment for 4 years. rable functions.
(b) The Boca. Raton Historical Society shall (4) To establish an office at or near the City
have three appointments: One appointment for 2 of Boca Raton for the conduct of its affairs.
years, one appointment for 3 years, and one ap- To acquire, hold, lease, and dispose of real
pointment for 4 years. an personal property or any interest therein for e-se eC
(c) The City Council of the City of Boca Ra- its authorized purpose. NO1' '
ton shall have one appointment for a 2-year (6) To plan buildings and improvements; to
term. demolish existing structures; and to construct,
(d) The Boca Raton Chamber of Commerce reconstruct, alter, repair, and improve its facili-
shall have one appointment for a 2-year term. tie wherever located.
(e) The aforesaid eight members shall select a 7) To acquire in its own name by purchase,
ninth member for a 1-year term. gr t, devise, gift, or lease, on such terms and
(2) Board members shall possess an active in- conditions and in such manner as it may deem
terest in the historical aspects of Boca Raton and necessary or expedient, or by condemnation ex-
the surrounding area, and all members of the cept as otherwise herein provided, in accordance 't
board shall be residents of the City of Boca Ra- with and subject to the state law applicable to
ton. The members of the board, including the condemnation of property for public use, real
chairman, shall receive a- copeate for property or rights or easements therein or fran-
their services, but shall be entitled to be reim- chises necessary or convenient for its purposes
bursed for per diem and travel expenses incurred and the use of same so long as its existence shall
in the performance of their official duties as continue and to lease or make contracts with re-
members of the board, subject to the provisions spect to the use or disposal of the same or any
and limitations of s. 112.061. Each member shall part thereof in any manner deemed by it to be in
give a surety bond in the sum of $5,000 execu- the best interest of the board, but only for the
ted by a suretycoman authrzeto do busi- purposes for which it is created. No property',
iess in this state, payable to the Department of shall be acquired under the provisions of this
State and conditioned upon the faithful perfor- part upon which any lien or other encumbrance
mance of his duties. The cost of each such surety exists, unless at the time said property is so ac-
bond shall be borne by the board. quired, a sufficient sum of money is to be depos-
H1story.--. 1, ch. 74-265. ited in trust to pay and redeem such lien or en-
cumbrance; nor shall any property be acquired
266.304 Organization, meetings, records.- hereunder by condemnation which is owned by a
Within 15 days after the appointment of its church or cemetery association or which is pres-
membership and annually thereafter, the board ently used as a historical attraction or owned
shall hold an organizational meeting at which it and used by a public utility.
shall elect from its membership a chairman, a (8) To employ, and disrhss at pleasure, con-
vice chairman, and secretary-treasurer. No busi- suiting engineers, architects, superintendents or
ness shall be transacted by the board except at a managers, accountants, inspectors, attorneys, ,


s. 266.301


s. 266.306






s. 266.306 1974 SUPPLEMENT '10 FLORIDA STATUTES 1973 s. 266.308


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 Boca Raton and surrounding area,
and the board shall have the authority to recom-
mend to the governing bodies of the County of
Palm Beach and the City of Boca Raton the F,
atiso. of a historical district, or districts which
0lTE shall include ay section or sections of the
county containing buildings, landmarks, sites
and facihties of historical or architectural value
and having an overall atmosphere of architec-
tural or historical distinction. Such facilities hav-
ing a historical or architectural value shall be
designated by the board on the basis of criteria
of historical evaluation as established by the Di-
vision of Archives, History and Records Manage-
ment of the Department of State.
(10) To acquire from the City of Boca Raton,
Palm Beach 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
Boca Raton or Palm Beach County for the pur-
poses of providing police and fire protection,
water, sanitation, and other public services
deemed necessary or expedient, and said munici-
pality and county are authorized to enter into
such contracts.
(12) To contract with any agency of the state,
the Federal Government, the City of Boca Raton,
the County of Palm Beach, or any firm or corpo-
ration, 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 Boca Raton.
(13) To make and enter into contracts or
agreements with private individuals, corpora-
tions, organizations, historical societies, and oth-
ers with reference to facilities; and to enter into
contracts and agreements, with or without com-
petitive 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 ac-
tivity deemed by it to be necessary or useful in
the full exercise of its powers to establish, fi-
nance, maintain, and operate the facilities con-
templated by this part, including the renting or
leasing for revenue of any land, improved or re-
stored real estate, or personal property directly
related to carrying out the purposes for which
the board is created.
(15) To receive and accept any financial gift
or grant from any source, including but not lim-
ited to money, securities, and real and personal
property. *[The board] shall properly account for

2'


the same.
(16) To fix and collect charges for admission
to any of the facilities operated and maintained
by the board under the provisions of this part
and to adopt and enforce reasonable rules and
regulations to govern the conduct of the visiting
public.
(17) To borrow money for any of its autho-
rized purposes and for expenses incidental
thereto, including expenses incurred during the
period of organization, restoration, and construc-
tion prior to the operation of the facilities of the
board, and to issue negotiable revenue certifi-
cates payable solely from revenue for the opera-
tion of such facilities and from authorized activi-
ties incidental thereto.
(18) To perform all lawful acts necessary and
convenient and incident to the effectuating of its
function and purpose.
(19) To. operateand coordinate all of its ac-
tivities on a penS ,e 'basis through any state-
wide commission, including the Division of Ar-
chives, History and Records Management, and to
participate in any overall statewide plan of his-
torical development.
(20) To cooperate and neerdinate its activities
with any tional project of historical develop-
ment such as a national seashore and to coordi-
nate and cooperate with any other agency, state,
local, or national, undertaking historical objec-
tives if the same are not in conflict with the ob-
jectives of the board.
History.-s. 1, ch. 74-265.
*Notc--Bracketed words substituted for "and" by the editors for
clarity.
266.307 Establishment of historical
districts.-
(1) The governing bodies of the County of
Palm Beach and the City of Boca Raton are au-
thorized to establish a historical district or dis-
tricts and are empowered to name an .trhitec-
tural review board with the following N .
membership:
(a) Two members from JuniorService League
of Boca Raton.
(b) Two members from Boca Raton Historical
Society.
(c) The chairman of the Palm Beach County
Area Planning Board-and the director of-the
Boca Raton Department of Planning.
(d) One member at large who shall be a resi-
dent of Palm Beach County.
(e) Two members who are members of the
American Institute of Architects and whose prin-
cipal place of business or residence is in Palm
Beach County.
(2) Members shall be appointed for terms of 2
y -erexcept in the case of an appointment to fill
a vacancy, in which event the appointment shall
be for the unexpired term only.
History.-s. 1, ch. 74-265.

266.308 powers and duties of architectural re-
view board.,-
(1) It shall be the duty of the board to apW


1974 SUILPLEMENTTOI FLORIDA STATUTES 1973


s.266.308


s.,266.306


. s 266.308






s. 266.308 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 285.18


prove 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.
(2) The goerng bodes of Palm Beach
County and the Civ of RBra Ramn shall pre-
sbcriete procedure for the review of plans for
the erection, renovation, or razing of any build-
ing which is located or to be located within the
designated historical district or districts, includ-
ing rules and governing decisions of the architec-
tural review board, and the procedure for appeal
from decisions of the board.
(3) The governing bodies of Palm Beach
County and the City of Boca Raton may adopt
such other regulations as are necessary to effect
the purposes of s. 266.306(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 Palm Beach
County and the City of Boca Raton shall have
the authority to utilize their employees in the en-
forcement and regulation of the provisions of s.
266.306(9).
(6) The expenditures of the architectural re-
view board shall be within the amounts appro-
priated for its purpose by the city through its
governing body.
(7) The designation and preservation of build-
ings and structures within any historical district
or districts established under s. 266.306(9), and
the control of the erection, alteration, addition,
repair, removal, or demolition of new or existing
buildings or structures, signs, and any such facil-
ities or appurtenances thereto, to insure perpetu-
ation of its or their histoncal character, is desig-
nated to be a pubwe purpose.
Hstory.-s. 1, ch. 74-265.


CHAPTER 284

STATE INSURANCE RISK MANAGEMENT
PROGRAMS

PART II

FLORIDA CASUALTY
INSURANCE RISK MANAGEMENT
TRUST FUND

284.31 Scope and types of coverages; separate
accounts.
284.34 Professional medical liability of the
Board of Regents and nuclear energy
liability excluded.
284.40 Division of Risk Management.

284.31 Scope and types of coverages; sepa-
rate accounts.-The insurance risk management
trust fund shall, unless specifically excluded by


the Department of Insurance, cover all depart-
ments of the State of Florida and their employ-
ees and agents and other authorized persons,
and shall provide separate accounts for work-
men's compensation, general liability, and fleet
automotive liability insurance coverages. All de-
partments of the state shall be covered by the
fund unless specifically excluded by the Depart-
ment of Insurance.
History.--. 1, ch. 72-206; s. 4, ch. 74-235.

284.34 Professional medical liability of the
Board of Regents and nuclear energy liability ex-
cluded.-No coverages shall be provided by this
fund for professional medical liability insurance
for the Board of Regents or the physicians, offi-
cers, employees, or agents of the board or for lia-
bility related in any way with nuclear energy.
History.-s. 1, ch. 72-206; s. 5, ch. 74-235.

284.40 Division of Risk Management.-
(1) There is hereby created a Division of Risk
Management in the Department of Insurance. It
shall be the responsibility of the division to ad-
minister this part and the provisions of s. 287.-
131. The insurance purchasing function shall
continue to be administered in accordance with
the provisions of s. 287.022.
(2) The claim files maintained by the Division
of Risk Management shall be considered privi-
leged and confidential and shall be only for the
usage by the Department of Insurance in fulfill-
ing its duties and responsibilities under this part.
History.-. 1, ch. 72-206; s. 6, ch. 74-235.


CHAPTER 285


INDIAN RESERVATIONS AND AFFAIRS

285.17 Special improvement districts; Seminole
and Miccosukee Tribes. (New)
285.18 Tribal council as governing body; pow-
ers and duties. (New)
285.17 Special improvement districts; Semi-
nole and Miccosukee Tribes.-There is hereby
created a special improvement district for each
of the areas contained within the reservations set
aside for the Seminole and Miccosukee Tribes,
respectively.
Hlstory.--. 1, ch. 74-175.

285.18 Tribal council as governing body; pow-
ers and duties.-
(1) The respective governing bodies of the
Seminole Tribe of Florida and the Miccosukee
Tribe of Indians recognized by the United States
and organized pursuant to the provisions of the
Act of June 18, 1934, 48 Stat. 987, 25 U.S.C. s.
476 shall be the respective governing bodies of
the special improvement districts created by s.
285.17.


s. 285.18


s. 266.308


1974 SUPPLEMENT TO FLORIDA STATUTES 1973





BOCA RATON PRESERVATION BOARD-MEMBERSHIP

CHAPTER 75-90

HOUSE BILL NO. 819

An Act relating to the Historic Boca Raton Preservation Board of Commis-
sioners; amending s. 266.303(1), Florida Statutes, 1974 Supplement, pro-
viding for appointment of members of the board by the Governor; pro-
viding for terms of office and filling of vacancies; providing for the
expiration of current terms on September 30, 1975; providing an effec-
tive date.

Bc It F,,rctcd by the Legislatu re of the State of Florida:
Secioili 1. ,!i-(,ctioln )l of section 2(;..303. Florida Statutes, 1974 Sup-
ieiiment, is amended to read:
266.303 Membership; terms of office; etc.
(1) TI,: filpmail ad" n nirn- mm.-r- Tn be, aitupoitd by tn.- Groearnur
not lh t, I .(,ci. [...I r 1 l 197. .I. [ t* u i . 0ii ... I ..r ld ll I .- l' ii., f..r
rtrms as follows: ,a p eiL trertoSrO y3riitls and th-ee for 4 years.
ITheriLtitlr nil ruti-mdlers liall be alinoi.iit-J fur 4-year terms. Any appointment
to fill a vacancy for an unexpired term shall be for the unexpired term only.
1- wakng te appointmentst, the Governor shall consider such persons as may
he submitted by the Junior Service League of Boca Raton and the Boca Raton
Historical Society or their successors.
Section 2.
The terms of all current members of the Historic Boca Raton Preservation
Board of Commissioners shall expire on September 30, 1975. New members
shall be appointed pursuant to the provisions of this act for terms initially
commencing on October 1, 1975.
Section 3. This act shall take effect upon becoming a law.
Approved by the Governor June 6, 1975.
Filed in Office Secretary of State June 9, 1975.





Ch. 266


Ch. 266


CHAPTER 266
HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES emhaiS St
PART I HISTORIC ST. AUGUSTINE PRESERVATION FE -F4-L3L) ~ ei
BOARD OF TRUSTEES (266.01-266.07)
PART II HISTORIC PENSACOLA PRESERVATION 9.0-, (.- ,
BOARD OF TRUSTEES (266.101-266.108)


PART III HISTORIC TALLAHASSW P'RESI ERVATION
BOARD OF TRUSTEES t~2t.6.11tu-Zk6.117)
PART IV HISTORIC KEY WEST PRESERVATION fTE7 Z
BOARD OF TRUSTEES (266.201-266.209)

PART I
HISTORIC ST. AUGUSTINE PRESERVATION BOARD OF TRUSTEES


266.01 Historic St. Augustine Preservation
Board of Trustees; creation.
266.02 Definitions.
266.03 Membership; terms of office, etc.

216.01 Historic St. Augustine Preservation
Boa-d of Trustees; creation.-There is created(
wit? in the department of state the Historic
St. ugustine Preservation Board of Trustees,
a v corporate, the purpose and function of
wNW shall be to acquire, restore, preserve,
maintain, reconstruct, reproduce and operate
for the use, benefit, education, recreation, en-
joyment, and general welfare of the people
of this state and nation certain ancient or
historic landmarks, sites, cemeteries, graves,
mili ary works, monuments, locations, remains,
buil lings, and other objects of historical or
anti itarian interest of the City of St. Augus-
tine Florida, and surrounding territory.
Histo ry.--il, ch, 59-521; 10, 35. ch. 69-106; il, ch. 70-160.
cf.--.0 .209 Boards under chapter 266 subject to direct control of
secretary of state.
21.6.I2 Definitions.-Unless otherwise clear-
ly indicated, the following words when used
in t' is part shall have the following meanings:
(I) "Board"-the Historic St. Augustine
Preservation Board of Trustees of the depart-
men of state;
(2) "Facilities"-historic sites, objects,
and facilities for exhibition owned, rented,
leased, managed, or operated by the board;
(a "Slum"-any areas where dwellings
predominate which, by reason of dilapidation,
overcrowding, faulty arrangement or design,
lack of ventilation, light or sanitary facilities,
or a iy combination of these factors, are detri-
men al to health, safety, or morals.
Ililary.-- 2, ch 59-521. I10. 35. ch. 69-106; 2, ch. 70-160.
266.03 Membership; terms of office, etc.-
The board of trustees shall consist of five
bers to be appointed by the governor not
than thirty days after Jly .. Mem-
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 Organization, meetings, records.
266.05 Treasurer.
266.06 Powers.
266.07 Appropriation.

year terms except appointments to fill vacan-
cies for unexpired terms in which event the ap-
pointment shall be for the unexpired term only.
In addition to the above members, the board
of trustees shall consist of two additional mem-
bers 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 shall be con-
firmed 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
112.061. Each member shall give a surety
bond in the sum of ten thousand dollars exe-
cuted 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.
IliiLory.-- 3, ch. 59-521; i1, ch. 65-20; 03, ch. 10-160.
266.04 Organization, meetings, records.-
Not later than fifteen days after the appoint-
ment of its membership and annually there-
after, the board shall hold an organizational
meeting at which it shall elect from its mem-
bership a chairman, a vice-chairman, and a
secretary-treasurer. No business shall be trans-
acted by the board except at a regularly called
meeting at which a quorum is present and the
minutes thereof recorded. Permanent records
shall be maintained which shall reflect all
ollicial transactions of the board.
Ilitury.- h. 59-521; k4, Ch. 70-160.
266.1)5 Treasurer.-The state treasurer
shall be the ex otlicio treasurer of the board
and shall have the custody of all of its funds,
to be kept in a special account. All receipts
and disbursements of the board shall be han-
dled subject to the same laws, rules, and reg-


1261


HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


;



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


ulations as other state funds are handled.
Hli.tnr. -- 5, ch. 59-521, -5. ch. 70-160.
266.06 Powers.-The board shall be the
governing body and have power:
(1) To adopt a seal and alter the same at
pleasure
(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 per-
forming 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 dis-
pose of real and personal property or any in-
terest 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 pur-
chase, grant, devise, gift, or lease, on such
terms and conditions and in such manner as it
may deem necessary or expedient, or by con-
demnation, except as otherwise herein pro-
vided. in accordance with and subject to state
law applicable to condemnation of property
for public use, real property or rights or ease-
ments therein or franchises necessary or con-
venient 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 so
acquired, a sufficient sum of money be de-
posited 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 purposes; or to
provide decent, safe and sanitary urban or
rural dwellings, apartments or other living ac-
commodations 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, ad-
ministrative, 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 im-
provements and all other work in connection
therewith;
(9) To employ and dismiss at pleasure con-
sulting engineers, architects, superintendents
or managers, accountants, inspectors and at-
torneys and such other employees as may be
deemed necessary and to prescribe their pow-
ers and duties and to fix their compensation;
(10) To acquire from the City of St. Au-
gustine, 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 ac-
quired, 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 protec-
tion, water, sanitation and other public serv-
ices deemed necessary or expedient and said
municipality and county are authorized to en-
ter 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 con-
ditions as the board finds in its best interest,
with respect to the establishment, construc-
tion, operation, and financing of the facilities
of the board in or near the City of St. Au-
gustine, 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 carry-
ing 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 fa-
cilities; and
(c) The limited sale of merchandise re-
lating to the historical and antiquarian period
of St. Augustine, Florida, and surrounding ter-
ritory.
(15) To fix and collect charges for admis-
sion to any of the facilities operated and main-
tained 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 au-


1262


HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


Ch. 266


Ch. 266






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


thorized purposes and for expenses incidental
thereto, including expenses incurred during
the period of organization, restoration, and
construction prior to the operation of the fa-
cilities of the board and to issue negotiable
revenue certificates payable solely from rev-
enue accruing from the operation of such fa-
cilities and from authorized activities inci-
dental thereto;
(17) To perform all lawful acts necessary
and convenient and incident to effectuating its
function and purpose.


History.-16, ch. 59-521; 1, ch. 70-62; 16. ch. 70-160; il, ch.
70-439.
266.07 Appropriation.-The board of coun-
ty commissioners of St. Johns County and
the City of St. Augustine are hereby au-
thorized 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; 122, ch. 69-353; 17, 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 Pensa-
cola Preservation Board of Trustees, a body
corporate, the purpose and function of which
shall be to acquire, restore, preserve, main-
tain, reconstruct, reproduce, and operate for
the use, benefit, education, recreation, enjoy-
ment, and general welfare of the people of
this state and nation certain ancient or historic
landmarks, sites, cemeteries, graves, military
works, monuments, locations, remains, build-
ings, and other objects of historical or anti-
quarian interest of the City of Pensacola and
surrounding areas. The selection for acquisi-
tion, 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 historic preservation.
History.-il, ch. 67-303; l0, 35, ch. 69-106; w1, ch. 70-156.
cf.--266.209 Boards under chapter 266 subject to direct control of
secretary of state.

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 Pensa-
cola Preservation Board of Trustees of the de-
partment 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; 810. 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 ap-


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.
pointed for four year terms except for appoint-
ments to fill vacancies for unexpired terms, in
which event the appointment shall be for the
unexpired term only.
(2) Board members shall possess an ac-
tive interest in the historical aspects of Pen-
sacola and the surrounding area. The mem-
bers of the board, including the chairman,
shall receive no compensation for their serv-
ices but shall be entitled to be reimbursed for
per diem and travel expenses incurred in the
performance of their official duties as mem-
bers 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 au-
thorized to do business in this state, payable
to the governor and his successors in office,
and conditioned upon the faithful perform-
ance of his duties; the cost of each such bond
shall be borne by the board.
History.-- 3, ch. 67-303; 13, ch. 70-156.
266.104 Organization; records. Within
fifteen days after the appointment of its mem-
bership 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 ex-
cept 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.--, 4 che 67-303. 44. ch. 70-156.

266.105 Treasurer; finances.-The state
treasurer shall be the ex oficio 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.-- 5, ch. 67-303; 5, chl 70-156.


1263


Ch. 266


HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


Ch. 266





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


266.106 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 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 pur-
chase, grant, devise, gift, or lease, on such
terms and conditions and in such manner as it
may deem necessary or expedient; or by con-
demnation except as otherwise herein pro-
vided, in accordance with and subject to the
state law applicable to condemnation of prop-
erty 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 encum-
brance 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 associa-
tion or is presently used as a historical at-
traction;
(8) To employ and dismiss at pleasure con-
sulting engineers, architects, superintendents
or managers, accountants, inspectors and at-
torneys and such other employees as may lie
deemed necessary and to prescribe their pow-
ers and duties and to fix their compensation;
49) To draft a historical plan of develop-
ment for the City of Pensacola and surround-
ing area, and the board shall have the au-
thority to recommend to the governing body
of the City of Pensacola the creation of a
historical district or districts which shall in-
clude any section or sections of the city con-
taining buildings, landmarks, sites, or facil-
ities of historical value and having an overall
atmosphere of architectural or historical dis-
tinction. or both. Such facilities, having his-
torical 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 profes-
sional historical group.
1101 To acquire from the City of Pensa-
cola. 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 ac-
quired, 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 pur-
poses of providing police and fire protection,
water, sanitation and other public services
deemed necessary or expedient and said muni-
cipality 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 con-
ditions as the board finds in its best interest,
with respect to the establishment, construc-
tion, 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, cor-
porations, 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 fa-
cilities; and
(c) The limited selling of merchandise re-
lating to the historical a an antiquarian period
of Pensacola, Florida, and surrounding ter-
ritory.
(15) To fix and collect charges for ad-
mission to any of the facilities operated and
maintained by the board under the provisions
of this part and to adopt and enforce reason-
able rules and regulations to govern the con-
duct of the visiting public;
(16) To borrow money for any of its au-
thorized purposes and for expenses incidental
thereto, including expenses incurred during
the period of organization, restoration, and
construction prior to the operation of the fa-


1264


Ch. 266





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


cilities of the board and to issue negotiable
*revenue certificates payable solely from rev-
enue 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
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 ac-
tivities 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. 61-303; 010. 35, ch. 69-106; .6, Ch. 70-156;
i1, ch. 70-335; h1, 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 gov-
erning decisions of the Architectural Review
Board, and the procedure of appeal from deci-
sions 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 enforce-
ment and regulation of the provisions of 266.-
106(9).
(2) ARCHITECTURAL REVIEW BOARD;
MEMBERSHIP; TEiM:1; POWERS; EX-
PENDITURES.-
(a) Membership.-The Architectural Re-
view Board shall be composed of the following
members:
1, Two members from the Historic Pensa-
cola Preservation Board of Trustees;
2. The city planner of the City of Pensa-
cola;
3. The chairman of the Pensacola Planning
Board;


4. One member-at-large who shall be a res-
ident 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 have authority:
1. To approve or disapprove plans for
buildings to be erected, renovated or razed
which are located, or are to be located, within
the historical district or districts and to regu-
late reasonably land use to the extent neces-
sary to preserve the historical integrity and
ancient appearance within any and all his-
torical 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 dis-
tricts. 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 histor-
ical 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; 51, ch. 69-229; 17, 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 au-
thorized to accept contributions from the
United States or any agency thereof, individ-
uals, organizations, societies or groups in the
furtherance of the purposes of the board.
Ilistory.-- ,7 ch. 67-303; k22 ch. 69-353; SB, ch. 70-156.


PART III
HISTORIC TALLAHASSEE PRESERVATION BOARD OF TRUSTEES


Historic Tallahassee Preservation 266.114 Treasurer; receipts and disbursement
Board of Trustees. of funds.
Definitions. 266.115 Powers of the board of trustees.
Membership; terms of office; etc. 266.116 Establishment of historical districts.
Organization, meetings, records. 266.117 Powers and duties of architectural re-
view board.
1265


266.110

266.111
266.112
266.113


1- ~8s-3~oI


Ch. 266





...Ch. 266 HSO-RN


266.110 Historic Tallahassee Preservation
Board of Trustees.-There is created within
the department of state the Historic Tallahas-
see 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 land-
marks, sites, cemeteries, graves, military
works, monuments, locations, remains, build-
ings, and other objects of historical or anti-
quarian interest of the City of Tallahassee,
Floriia, and surrounding areas. The selection
for acquisition, restoration, preservation, main-
tenance, reconstruction, reproduction, and op-
eration 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.
cf.--266.209 Boards under chapter 266 subject to direct control of
secretary of state.
266.111 Definitions. Unless otherwise
clearly indicated, the following words when
used in this part shall mean:
(1) "Board" shall mean the Historic Tal-
lahassee 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. 10-335.
266.112 Membership; terms of office; etc.-
(1) The board shall consist of seven mem-
bers to be appointed by the governor not later
than October 1, 1972. 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; and thereafter members shall be
appointed for four year terms except for appoint-
ments to fill vacancies for unexpired terms, in
which event the appointment shall be for the un-
expired term only.
(2) Board members shall possess an active
interest in the historical aspects of Tallahas-
see and the surrounding area,. and at least
four members of the board shall 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, exe-
cuted by a surety company authorized to do
business in this state, payable to the depart-
ment of state and conditioned upon the faith-
ful performance of his duties; the cost of each
such bond shall be borne by the board.
History.-4. ch. 70-:f:' ; 1, ch. 70-439; S, h. 7. -229.
266.113 Organization, meetings, 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 which a quorum is present
and the minutes thereof recorded. Permanent .PO"e
records shall be maintained which shall re-
flect all official transactions of the board.
History.-- 5. ch. 10-335.
266.114 Treasurer; receipts and disburse-
ment 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 im-
pleaded 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 per-
forming comparable functions;
(4) To establish an office at or near the
City of Tallahassee for the conduct of its
affairs;
(51 To acquire, hold, lease, and dispose of
real and personal property or any interest N 0(
therein for its authorized purpose;
(6) To plan buildings and improvements,
to demolish existing structures, and to con-
struct, reconstruct, alter, repair, and improve
its facilities wherever located;
(7) To acquire in its own name by pur-
chase, 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 pro-
vided, in accordance with and subject to the
state law applicable to condemnation of prop-
erty for public use, real property or rights or
easements therein or franchises necessary or
convenient for its purposes and 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 prop-
erty shall be acquired under the provisions
of this part upon which any lien or other.en-
cumbrance 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 con-
demnation which is owned by a church or


1266


HISTORIC PRESERVATION. ETC., BOARDS OF TRUSTEES


Ch. 266


Ch. 266






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


cemetery association or which is presently
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 develop-
ment for the City of Tallahassee and sur-
rounding area, and the board shall have the
authority to recommend to the governing
bodies of the County of Leon and the City of
Tallahassee the creation of a historical dis-
trict or districts which shall include any sec-
tion or sections of the county containing build-
ings, landmarks, sites, and facilities of his-
torical or architectural value and having an
overall atmosphere of architectural or histori-
cal distinction. Such facilities having a his-
torical or architectural value shall be desig-
nated by the board on the basis of criteria of
historical evaluation as established by the di-
vision of archives, history and records manage-
ment of the department of state.
(10) To acquire from the City of Talla-
hassee, 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 ac-
quired, suitable for the uses of the board; to
improve, operate, and maintain the same for
the purposes herein stated; or to act as trus-
tee 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 pur-
poses of providing police and fire protection,
water, sanitation, and other public services
deemed necessary or expedient, and said mu-
nicipality and county are authorized to enter
into such contracts;
(12) To contract with any agency of the
state, the federal government, the City of Tal-
lahassee, 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, op-
eration, and financing of the facilities of the
board in or near the City of Tallahassee;
(13) To make and enter into contracts or
agreements with private individuals, corpora-
tions, 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 main-
tained 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 au-
thorized purposes and for expenses incidental
thereto, including expenses incurred luring
the period of organization, restoration and
construction prior to the operation of the fa-
cilities of the board, and to issue negotiable
revenue certificates payable solely from reve-
nue 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 effectuat-
ing 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 ac-
tivities 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 I
historical objectives if the same are not in
conflict with the objectives of the board.
History.--, ch. 70-335.
266.116 Establishment of historical dis- -
tricts.-The governing bodies of the County N -T"
of Leon and the City of Tallahassee are au-
thorized to establish such historical district
or districts and are empowered to name an I
architectural review board with the following
membership:
(1) Two members from the Tallahassee
Historical Restoration and Preservation Coun-
cil;
(2) The executive director of the Leon
County-Tallahassee Joint Planning Commis-
sion and the chairman of such planning cor- i
mission.
(3) One member at large who shall be a
resident of Leon County.
14 Two members who are members of the
American Institute of Architects ani whose
principal place of Ius ne's 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 appoint-
nient shall be for the unexpired term only.
Hliitory. .7, ch. 70-335.
266.117 Powers and duties of architectural NQ'E O
review board.-
(1) It shall be the duty of the board to
)apjnovI L i dinippurv plans for bIuildilns to
be erected, renovated, or razed which are lo-.
cated, or are to be located, within the histori-
cal district or districts.


__


Ch. 26


Ch. 266





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


(2) 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, in-
cluding 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 266.115(9).
(4) The architectural review board shall
have the power to adopt rules for the trans-
action 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 au-
thority to utilize their employees in the en-
forcement and regulation of the provisions of
266.115(9).
(6) The expenditures of the architectural
review board shall be within the amounts ap-
propriated 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, altera-
tion, 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 pub-
lic purpose.
History.--7, ch. 70-335.


PART IV
HISTORIC KEY WEST PRESERVATION BOARD OF TRUSTEES


266.201

266.202
266.203

266.204


Historic Key West preservation board
of trustees.
Definitions.
Membership; terms; compensation;
bond.
Organization; records.


266.201 Historic Key West preservation
board of trustees.-There is created within the
department of state the Historic Key West Pres-
ervation Board of Trustees, a body corporate,
the purpose and function of which shall be to ac-
quire, 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
Key West and surrounding areas. The selection for
acquisition, restoration, preservation, main-
tenance, reconstruction, reproduction, and oper-
ation shall be made by the board based on criteria
of historical evaluation as established by the
department of state.
History.-l. ch. 72-259.
cf.-266.209 Boards under chapter 266 subject to direct control of
secretary of state.
266.202 Definitions.- Unless otherwise
clearly indicated, as used in this part:
(1) "Board" means the Historic Key West
Preservation Board of Trustees of the depart-
ment of state.
(2) "Facilities" means historic sites, objects,
and landmarks for exhibition, owned, leased,
managed, or operated by the board.
History.-l, ch. 72-259.
266.203 Membership; terms; compensa-
tion; bond.-
(1) The board shall consist of seven mem-


266.205 Treasurer; finances.
266.206 Powers of the board.
266.207 Powers of governing body of City of
Key West; architectural review board.
266.208 Appropriation.
266.209 Boards under chapter 266 subject to
direct control of secretary of state.
bers to be appointed by the governor not later
than November 1, 1972 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.
(2) Board members shall possess an active
interest in the historical aspects of Key West
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 perform-
ance of his duties. The cost of each such bond
shall be borne by the board.
History.-l, ch. 72-259.
266.204 Organization; records.-Within fif-
teen days after the appointment of its member-
ship and annually thereafter, the board shall hold
an organizational meeting at which it shall elect
from its membership a chairman, vice-chairman,
and, secretary-treasurer. No business shall be
transacted by the board except at a regular or


1268


Ch. 266


HISTORIC PRESERVATION, E~TC., BOARDS OF TRUSTEES


Ch. 266





HISTORIC PRESERVATION, ETC., BOARDS OF TRUSTEES


specially called meeting at which a quorum is
present and the minutes thereof recorded. Per-
manent records shall be maintained which shall
reflect all official transactions of the board.
History.-Il. h. 722259.
266.205 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 special account. All receipts and
disbursements of the board shall be handled sub-
ject to the same laws, rules, and regulations as
other state funds are handled.
History.-1, ch. 72-2.9.
266.206 Powers of the board.-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 the United
States which is usually possessed by private
corporations or public agencies performing com-
parable functions.
(4) To establish an office at or near the City
of Key West 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 facil-
ities wherever located.
(7) To acquire in its own name, by pur-
chase, grant, devise, gift, or lease, on such terms
and conditions and in such manner as it may
deem necessary or expedient, or by condemna-
tion, 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 pur-
poses; 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 encum-
brance 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 ac-
quired hereunder by condemnation which is
owned by a church or a cemetery association
or which is presently used as a historical attrac-
tion.
(8) To employ and dismiss at pleasure con-
sulting engineers, architects, superintendents or
managers, accountants, inspectors and attor-
neys, and such other employees as may he


deemed necessary and to prescribe their powers
and duties and fix their compensation.
(9) To draft a historical plan of develop-
ment for the City of Key West and surrounding
area, and the board shall have the authority to
recommend to the governing body of the City
of Key West the creation of a historical district
or districts which shall include any section or
sections of Monroe County containing buildings,
landmarks, sites, or facilities of historical or
architectural value and having an overall atmos-
phere of architectural or historical distinction,
or both. Such facilities having historical or
architectural value shall be designated by the
board based on the criteria of historical evalua-
tion as established by the division of archives,
history and records management of the depart-
ment of state.
(10) To acquire from the City of Key West
or Monroe County, the state, the United States
or any state thereof, or any foreign country or
colony any existing property, real or personal,
now owned by it or hereafter acquired, suitable
for the uses of the board, and to improve, oper-
ate, and maintain the same for the purposes
herein stated or to act as trustee for any such
property under such terms and conditions as the
owner may prescribe.
(11) To enter into contracts with the City
of Key West or Monroe County for the purposes
of providing police and fire protection, water,
sanitation, and other public services deemed
necessary or expedient, and 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 Key
West, the County of Monroe, or any firm or cor-
poration, 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 Key West, Monroe County.
(13) To make and enter into all contracts or
agreements with private individuals, corpora-
tions, 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 admission
to any of the facilities operated and maintained
by the board under the provisions of this part and


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


to adopt and enforce reasonable rules and regu-
lations to govern the conduct of the visiting
public.
(16) To borrow money for any of its autho-
rized purposes and for expenses incidental
thereto, including expenses incurred during the
period of organization, restoration, and con-
struction prior to the operation of the facilities
of the board and to issue negotiable revenue
certificates payable solely from revenue from
the operation of such facilities and from au-
thorized activities incidental thereto.
(17) To perform all lawful acts necessary,
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 board including the division of ar-
chives, 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 activi-
ties with any national project of historical develop-
ment, such as a national seashore, and to co-
ordinate 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.-, ch. 72-259; 87, ch. 73-333.
266.207 Powers of governing body of City
of Key West; architectural review board.-
(1) GOVERNING BODY.-The governing
body of the City of Key West 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 and 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 266.206(9).
(e) To utilize its employees in the enforce-
ment and regulation of the provisions of 266.-
206(9).
(2) ARCHITECTURAL REVIEW BOARD;
MEMBERSHIP; TERMS; POWERS; EXPEND-
ITURES.-
(a) Membership.-The architectural re-
view board shall be composed of the following
members:
1. Two members from the Historic Key
West Preservation Board of Trustees.
2. The city planner of the City of Key West.
3. The chairman of the Key West planning
board.
4. One member at large who shall be a resi-
dent of Monroe County.
5. Two members who are members of the


American Institute of Architects and whose
principal place of business or residence is in
Monroe 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 have the authority:
1. To approve or disapprove plans for build-
ings to be erected, renovated, or razed which are
located, or are to be located, within the histori-
cal district or districts and to regulate reason-
ably land use to the extent necessary to pre-
serve the historical integrity and ancient appear-
ance within any and all historical districts
established by the governing body of the City of
Key West, including, but not limited to, the au-
thority to make recommendations to the Key
West Zoning Board to deny or grant variances
from the zoning ordinances of the City of Key
West applicable to historical districts. The
designation and preservation of buildings and
structures within any historical district or dis-
tricts established under 266.206(9), and the con-
trol of the erection, alteration, addition, repair,
removal, or demolition of new or existing
buildings or structures, signs, and any such facil-
ities or appurtenances thereto to insure perpet-
uation of its or their historical character is hereby
designated to be a public purpose, but no regula-
tion shall be adopted which is in conflict with
any zoning ordinance of the City of Key West,
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. The members shall
receive no compensation for their services,
but shall be entitled to be reimbursed for per
diem and travel expenses within the state ex-
cluding the City of Key West, incurred in the
performance of their official duties as members
of the board, subject to the provisions and limi-
tations of 112.061; provided that such expendi-
tures are authorized by majority vote of the
architectural review board at a general or special
meeting at which a quorum is present prior
to incurring such travel and per diem expend-
itures by any member or employee of said board.
History.- Il. ch. 72-24.
266.208 Appropriation.- The board of
county commissioners of Monroe County and the
City of Key West are hereby authorized to appro-
priate annually from such funds as may be avail-
able an aggregate amount of ten thousand dollars
to be used by said board in defraying part of
the costs incurred by it in carrying out the pur-
poses of this part, and the board is hereby au-
thorized to accept contributions from the United


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


States or any agency thereof or any individuals,
organizations, societies, or groups in the further-
ance of the purposes of the board.
Ilistory.-S, ch. 72-2,59.
266.209 Boards under chapter 266 subject
to direct control of secretary of state.-The his-
toric preservation board established in this part
and the historic preservation boards of trustees,


established under chapter 266, for St. Augustine,
Pensacola and Tallahassee shall exercise their
powers, duties and functions as prescribed by
law, subject to budget review and approval by
the secretary of state. The boards of trustees
shall not be placed within a division of the de-
partment of state, but, administratively, shall
be directly under the supervision of the secretary.
History.-:3, ch. 72-259.


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