1999 Florida Code
TITLE XVIII PUBLIC LANDS AND PROPERTY
Chapter 265 Memorials, Museums, and Fine Arts  
265.26   Trustees of Ringling Museum of Art.

265.26  Trustees of Ringling Museum of Art.--

(1)  There is created a Board of Trustees of the John and Mable Ringling Museum of Art, which shall consist of 11 members, of whom 5 members must be residents of Sarasota County or Manatee County, and 6 must be residents of other counties in the state, no 2 of whom may be residents of the same county. Of the five members from Sarasota and Manatee Counties, there shall be at least two members from each of those counties. Each member must have been a resident of the state for at least 3 consecutive years before his or her appointment. Members shall be appointed to 4-year terms that expire on December 31 of the 4th year after the date of appointment. The appointment of the trustees shall be by the Governor. Each member is subject to confirmation by the Senate. The Governor may remove any member for cause and shall fill all vacancies that occur. Members whose terms have expired may continue to serve until replaced or reappointed.

(2)(a)  The John and Mable Ringling Museum of Art is designated as the official art museum of the State of Florida. The purpose and function shall be to maintain and preserve all objects of art and artifacts donated to the state through the will of John Ringling; to acquire and preserve objects of art or artifacts of historical or cultural significance; to exhibit such objects to the public; to undertake scholarly research and publication relating to the collection; to provide educational programs for children and adults; to assist other museums in the state and nation through education programs and through loaning objects from the collection when such loans do not threaten the safety and security of the objects; to enhance knowledge and appreciation of the collection; and to engage in other activities related to visual arts which benefit the public.

(b)  The board of trustees shall maintain and preserve the collections of the Circus Museum, the furnishings and objects in the Ringling home, and other objects of art and artifacts in the custody of the museum. Title to all such collections, art objects, and artifacts of the museum and its facilities shall remain with the board of trustees, which shall assign a state property inventory number to, and conduct annual inventories of, all such properties.

(c)  The museum shall also engage in programs on the national and international level to enhance further the cultural resources of Florida.

(3)  The board of trustees shall elect a chair annually. The trustees shall be reimbursed for travel expenses, as provided in s. 112.061, while in the performance of their duties. The chair of the board may appoint such committees as deemed necessary to carry out the functions of the board.

(4)  The Board of Trustees of the John and Mable Ringling Museum of Art is assigned to the Department of State, which may, within its discretion, exercise oversight of the activities of the board.

(5)  The board of trustees has complete jurisdiction over the management of the museum and is invested with full power and authority to appoint a director, who shall be exempt from the Career Service System, and to appoint other employees, in accordance with Florida Statutes and rules; to remove the same in accordance with Florida Statutes and rules; to provide for the proper keeping of accounts and records and budgeting of funds; to enter into contracts for professional programs of the museum and for the support and maintenance of the museum; to secure public liability insurance; and to do and perform every other matter or thing requisite to the proper management, maintenance, support, and control of the John and Mable Ringling Museum of Art at the highest efficiency economically possible while taking into consideration the purposes of the establishment.

(6)(a)  The board of trustees may approve a direct-support organization to raise funds, provide operational and maintenance services for the museum, and otherwise operate for the benefit of the museum and its programs. The direct-support organization shall operate under a written contract with the board. The contract may delegate responsibility for operating and maintaining the John and Mable Ringling Museum of Art to the direct-support organization. The contract must provide for:

1.  Approval of the articles of incorporation of the direct-support organization by the board and the governance of the direct-support organization by members appointed by the board.

2.  Submission of an annual budget for the approval of the board. The budget must be in accordance with rules adopted by the board.

3.  Certification by the board, after its review of the annual audit of the direct-support organization, that the direct-support organization is operating in compliance with the terms of the contract and in a manner consistent with the goals and purposes of the board and in the best interest of the state. Such certification shall be made annually and reported in the official minutes of a meeting of the board.

4.  All property held by the direct-support organization, except for that used by the direct-support organization to conduct its business, including operating funds and funds invested, to become property of the state within 3 years after receipt by the direct-support organization, unless transferred sooner, and for funds and property held in trust by the direct-support organization to revert to the board if the direct-support organization is dissolved or is no longer approved to operate on behalf of the board.

5.  The fiscal year of the direct-support organization to begin on July 1 of each year and end on June 30 of the following year.

6.  The disclosure of the distinction between the board of trustees and the direct-support organization to donors of gifts, contributions, or bequests, as well as on all promotional and fundraising publications.

(b)  The direct-support organization shall retain all funds received from admissions and rentals, which may be expended only for the benefit of the John and Mable Ringling Museum of Art pursuant to the annual budget approved by the board of trustees and as provided by the annual contract between the direct-support organization and the board of trustees. Upon approval by the board of trustees, funds received from admissions and rentals may be used for personnel expenses of the direct-support organization and for other expenses in accordance with the annual contract with the board of trustees. The activities of the direct-support organization are subject to oversight by the board of trustees.

(c)  Any other funds, except those enumerated in paragraph (b), may be held in a separate fund by the direct-support organization and are subject to provisions of the contract with the board of trustees.

(d)  Upon approval by the board of trustees, only moneys from the fund established in paragraph (c) may be used for supplemental salaries and benefits for state employees.

(7)(a)  The Board of Trustees of the John and Mable Ringling Museum of Art:

1.  May permit the use of property, facilities, and personal services at the John and Mable Ringling Museum of Art by a direct-support organization subject to the provisions of this section.

2.  May prescribe by rule any condition with which a direct-support organization must comply in order to use property, facilities, or personal services at the John and Mable Ringling Museum of Art.

3.  May not permit the use of property, facilities, or personal services at the John and Mable Ringling Museum of Art by any direct-support organization that does not provide equal employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(b)  The direct-support organization shall cause an annual audit of its financial accounts to be conducted by an independent certified public accountant, selected by the board of trustees, and performed in accordance with rules adopted by the Board of Trustees of the John and Mable Ringling Museum of Art. The annual audit report shall be submitted to the Auditor General and to the board of trustees for review. The Auditor General and the board of trustees are each authorized to require and receive from the direct-support organization, or from its independent auditor, any detail or supplemental data relative to the operation of such organization. Information which, if released, would identify donors who desire to remain anonymous is confidential and exempt from the provisions of s. 119.07(1). Information which, if released, would identify prospective donors is confidential and exempt from the provisions of s. 119.07(1) when the direct-support organization has identified the prospective donor itself and has not obtained the name of the prospective donor by copying, purchasing, or borrowing names from another organization or source. Identities of such donors and prospective donors shall not be revealed in the auditor's report.

(8)  The board of trustees shall appoint a council, comprised of at least five members but not more than nine members, to advise and to assist the board or the direct-support organization to develop nonstate support, primarily in the form of cash and in-kind gifts from individuals, and grants from private corporations, federal agencies, and foundations.

(a)  The board of trustees shall set policies with regard to the operation and organization of the council.

(b)  Funds raised through the activities of the council and its members shall be deposited with the direct-support organization for the sole and exclusive benefit of the museum and its programs.

(9)  All presently existing obligations, contracts, and other commitments of the John and Mable Ringling Museum of Art shall be honored by the board of trustees.

(10)  Any authority assumed or vested by law in the director or other officer or employee of the John and Mable Ringling Museum of Art is vested in the board of trustees. The board of trustees may annually budget and expend funds for public relations and other promotional purposes deemed by the trustees to be necessary and in the best interest of the museum.

(11)  Notwithstanding s. 287.025(1)(e), the board of trustees may enter into contracts to insure paintings and other objects of art.

(12)(a)  The board of trustees may enter into agreements to accept credit card payments as compensation. The board of trustees may establish accounts in credit card banks for the deposit of credit card sales invoices.

(b)  The board of trustees may establish a policy that permits the acceptance of tour vouchers issued by tour organizations or travel agents for payment of admissions.

(13)  The provisions of s. 287.057 to the contrary notwithstanding, the board of trustees may enter into contracts or agreements with or without competitive bidding, in its discretion, for the restoration of objects of art in the museum collection or for the purchase of objects of art that are to be added to the collection.

(14)(a)  Notwithstanding s. 273.055, the board of trustees may sell any art object in the museum collection, which object has been acquired after 1936, if the director and the board of trustees determine it is no longer appropriate for the collection. The proceeds of the sale shall be deposited in a fund designated as the Ringling Museum Art Acquisition, Restoration, and Conservation Trust Fund. The board of trustees also may exchange any art object in the collection, which object has been acquired after 1936, for an art object or objects which the director and the board of trustees judge are of equivalent or greater value to the museum.

(b)  An employee or member of the board of trustees may not receive a commission, fee, or financial benefit in connection with the sale or exchange of a work of art, and may not be a business associate of any individual, firm, or organization involved in the sale or exchange.

(c)  The board of trustees shall establish policies and adopt rules for the sale or exchange of works of art.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 59-60; s. 1, ch. 63-150; s. 19, ch. 63-400; ss. 10, 35, ch. 69-106; s. 4, ch. 78-323; ss. 1, 2, ch. 79-29; ss. 1, 2, ch. 80-48; ss. 1, 2, 3, ch. 81-8; ss. 1, 4, ch. 82-46; s. 1, ch. 82-73; s. 1, ch. 83-125; s. 2, ch. 83-265; s. 5, ch. 85-164; s. 2, ch. 88-255; s. 1, ch. 89-55; s. 11, ch. 89-359; ss. 1, 3, 4, ch. 90-114; s. 6, ch. 90-268; s. 88, ch. 90-360; s. 5, ch. 91-429; s. 2, ch. 92-77; s. 1, ch. 94-157; s. 853, ch. 95-148; s. 116, ch. 96-406.

Note.--Former s. 272.19.