2005 Florida Code - PUBLIC LANDS AND PROPERTY MEMORIALS, MUSEUMS, AND FINE ARTSChapter 265

265.001  Florida Women's Hall of Fame.

265.002  Legislative intent; Florida Medal of Honor Wall; duties of the Department of Veterans' Affairs.

265.27  Loan of objects of art and artifacts.

265.281  Florida Fine Arts Act; short title.

265.282  Legislative intent.

265.283  Definitions relating to Florida Fine Arts Act of 1980.

265.284  Chief cultural officer; director of division; powers and duties.

265.285  Florida Arts Council; membership, duties.

265.286  Art grants award by Division of Cultural Affairs.

265.2861  Cultural Institutions Program; trust fund.

265.2862  General support program for cultural institutions.

265.2865  Florida Artists Hall of Fame.

265.289  State theater contract organizations; audit information; admission fees.

265.32  County fine arts council.

265.565  Property loaned to museums; obligations to lenders; notice; loan termination; acquisition of title; liens; conservation or disposal.

265.601  Cultural Endowment Program; short title.

265.602  Legislative intent.

265.603  Definitions relating to Cultural Endowment Program.

265.605  Cultural Endowment Program; rulemaking.

265.606  Cultural Endowment Program; administration; qualifying criteria; matching fund program levels; distribution.

265.608  Science Museum; grants.

265.609  Youth and Children's Museum; grants.

265.701  Cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.

265.702  Regional cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.

265.703  Citizen support organization; use of state administrative services and property; audit.

265.001  Florida Women's Hall of Fame.--

(1)  It is the intent of the Legislature to recognize and honor those women who, through their works and lives, have made significant contributions to the improvement of life for women and for all citizens of Florida.

(2)(a)  There is hereby established the Florida Women's Hall of Fame. The Department of Management Services shall set aside an area on the Plaza Level of the Capitol Building and shall consult with the Florida Commission on the Status of Women regarding the design and theme of such area.

(b)  Each person who is selected as a member shall have a designation placed in the Florida Women's Hall of Fame, which designation shall provide information regarding the member's particular discipline or contribution and any vital information relating to the member.

(3)(a)  Every year, the commission shall accept nominations for persons to be recommended as members of the Florida Women's Hall of Fame. The commission shall recommend to the Governor 10 persons from which up to three members shall be selected.

(b)  In making recommendations pursuant to this subsection, the commission shall recommend women who were born in Florida or adopted Florida as their home state and base of operation and who have made a significant contribution to the enhancement of women in this state.

(4)  The Florida Commission on the Status of Women may set specific time periods for acceptance of nominations and the selection of members to coincide with the appropriate activities of the Florida Women's Hall of Fame.

History.--s. 1, ch. 92-48; s. 15, ch. 95-143; s. 41, ch. 98-279; s. 41, ch. 2000-158; s. 3, ch. 2000-340.

265.002  Legislative intent; Florida Medal of Honor Wall; duties of the Department of Veterans' Affairs.--

(1)  It is the intent of the Florida Legislature to recognize and honor those who are accredited, or associated by birth, to the State of Florida, who through their conspicuous bravery and gallantry during wartime, and at considerable risk to their own lives, were made recipients of the Medal of Honor. In doing so, these members of our Armed Forces brought great credit upon themselves, their military units, and the State of Florida.

(2)(a)  There is hereby established the Florida Medal of Honor Wall. The Department of Management Services shall, in consultation with the Florida Commission on Veterans' Affairs, designate an appropriate area on the Plaza Level of the Capitol Building in Tallahassee for this purpose. The department shall also subsequently consult with the Commission on Veterans' Affairs regarding the design and theme of such area.

(b)  Each recipient who is accredited, or associated by birth, to the State of Florida and has been awarded the Medal of Honor shall have a plaque or similar designation approved by the Florida Commission on Veterans' Affairs placed on the Medal of Honor Wall, which designation shall provide information regarding the Floridian's particular act of heroism as well as other information relating to the nature of the act.

(3)  Verification of residency, dates of the receipt of the award, and other specific information pertaining to each recipient shall be the responsibility of the Florida Department of Veterans' Affairs, which shall certify eligibility for inclusion of individuals to be added to the Florida Medal of Honor Wall.

History.--s. 1, ch. 96-208; s. 42, ch. 98-279.

265.27  Loan of objects of art and artifacts.--The Board of Trustees of the John and Mable Ringling Museum of Art is hereby given authority to make temporary loans of paintings and other objects of art or artifacts belonging to the John and Mable Ringling Museum of Art for the purpose of public exhibition in art museums, other museums, or institutions of higher learning wherever located, including such museums or institutions in other states or countries. Temporary loans may also be made to the executive mansion in Tallahassee, chapters and affiliates of the John and Mable Ringling Museum of Art, and, for educational purposes, to schools, public libraries, or other institutions in the state, where such exhibition will benefit the general public as in the judgment of the board of trustees is deemed wise and for the best interest of the John and Mable Ringling Museum of Art, and under policies established by the board of trustees and approved by the Department of State for the protection of the paintings and other objects of art and artifacts. In making temporary loans, the board of trustees shall give first preference to art museums, other museums, and institutions of higher learning.

History.--s. 1, ch. 59-61; ss. 10, 35, ch. 69-106; s. 1, ch. 77-15; s. 1, ch. 78-254; s. 4, ch. 78-323; ss. 2, 3, ch. 81-8; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; ss. 3, 4, ch. 90-114; s. 5, ch. 91-429; s. 3, ch. 94-157.

Note.--Former s. 272.20.

265.281  Florida Fine Arts Act; short title.--Sections 265.281-265.286 shall be known and may be cited as the "Florida Fine Arts Act of 1980."

History.--s. 1, ch. 80-319.

265.282  Legislative intent.--The Legislature recognizes the vast cultural resources available in the state for the development, promotion, and enjoyment of the fine arts. It is the intent of the Legislature by enactment of this legislation to provide for maximum efficiency in providing state support for, and gaining national and international recognition of, the efforts, works, and performances of Florida artists and art agencies. Furthermore, it is the intent of the Legislature to foster, through the programs created hereunder, the development of a receptive climate for the fine arts; to enrich culturally and benefit the citizens of this state in their daily lives; to make Florida visits and vacations all the more appealing to the world; and to attract to Florida residency additional outstanding creators in the fields of fine arts through appropriate programs of publicity, education, coordination, grants, and activities, such as sponsorship of art lectures and exhibitions and central compilation and dissemination of information on the progress of the fine arts in Florida.

History.--s. 1, ch. 80-319.

265.283  Definitions relating to Florida Fine Arts Act of 1980.--The following definitions shall apply to ss. 265.281-265.286:

(1)  "Council" means the Florida Arts Council.

(2)  "Department" means the Department of State.

(3)  "Director" means the Director of the Division of Cultural Affairs of the Department of State.

(4)  "Division" means the Division of Cultural Affairs of the Department of State.

(5)  "Panel" means a grant review panel.

(6)  "Secretary" means the Secretary of State.

(7)  "The arts" means any and all artistic disciplines, which include, but are not limited to, music, dance, drama, theater programs, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, and public media, and the execution and exhibition of other such allied, major art forms.

History.--s. 1, ch. 80-319; s. 1, ch. 81-127; s. 8, ch. 90-267.

265.284  Chief cultural officer; director of division; powers and duties.--

(1)  The Secretary of State is the chief cultural officer of the state, and the Division of Cultural Affairs is designated as the state arts administrative agency.

(2)  The Division of Cultural Affairs of the Department of State shall be headed by a director who shall serve at the pleasure of the Secretary of State.

(3)  The Division of Cultural Affairs shall have direct administrative authority and responsibility for all of the programs authorized by this act. In furtherance thereof, the division shall have the authority to:

(a)  Accept and administer state and federal funds provided for the fine arts, the grants, and any program authorized by this act.

(b)  Subject to the approval of the Secretary of State, enter into such contracts with any person, firm, performing arts company, educational institution, arts organization, corporation, or governmental agency as may be necessary or advisable to carry out its functions under this act.

(c)  Seek, and help assure, a uniformity of artwork within state buildings and review all art content of existing public buildings or buildings of state ownership for the purpose of making recommendations to the Department of Management Services as to matters of installation, relocation, restoration, removal, or any other disposition of such works of art.

(d)  On request, or at its own initiative, consult with and advise other individuals, groups, organizations, or state agencies and officials, particularly the Governor and the Cabinet, concerning the acquisition by gift or purchase of fine art works, the appropriate use and display of state-owned art treasures for maximum public benefit, and the suitability of any structures or fixtures, including framing, primarily intended for ornamental or decorative purposes in public buildings.

(e)  Accept on behalf of the state donations of money, property, art objects, and antiquities. Such donations of money and any cash income which may be received by the division or which were previously received by the Florida Fine Arts Council from the disposal of any donations of property, art objects, or antiquities shall be deposited into a separate trust fund and are hereby appropriated to the use of the division for the purposes of this act.

(4)  There is created the Florida Fine Arts Trust Fund to be administered by the Department of State for the purposes set forth by law. The Florida Fine Arts Trust Fund shall consist of moneys appropriated by the Legislature and moneys contributed to the fund from any other source.

(5)  The division is further authorized to:

(a)  Accept and administer moneys appropriated by the Legislature, and moneys received from the Federal Government or from other public or private sources, for the development of nationally recognized Florida performing arts groups through a state touring program. The division shall develop and establish a selection procedure which will ensure maximum opportunity for selection of and participation by Florida performing arts groups in the state touring program.

(b)  Sponsor performances and exhibits; promote and encourage the study and appreciation of fine arts; and collect, publish, and print pamphlets, papers, newsletters, and other materials relating to fine arts programs available throughout the state.

(c)  Conduct and support cultural programs and cultural exchanges in conjunction with the appropriate state agencies, including the acceptance of funding, technical assistance, and other forms of support for such purposes.

(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties on it.

(6)  Notwithstanding any provision of s. 287.022 or s. 287.025(1)(e), the division may enter into contracts to insure museum collections, artifacts, relics, and fine arts to which it holds title.

History.--ss. 1, 2, ch. 80-319; s. 1, ch. 92-61; s. 194, ch. 92-279; s. 55, ch. 92-326; s. 5, ch. 95-282; s. 2, ch. 95-333; s. 52, ch. 98-200; s. 48, ch. 2001-61; s. 4, ch. 2003-401; s. 7, ch. 2005-207.

265.285  Florida Arts Council; membership, duties.--

(1)(a)  The Florida Arts Council is created in the department as an advisory body, as defined in s. 20.03(7), to consist of 15 members. Seven members shall be appointed by the Governor, four members shall be appointed by the President of the Senate, and four members shall be appointed by the Speaker of the House of Representatives. The appointments, to be made in consultation with the Secretary of State, shall recognize the need for geographical representation. Council members appointed by the Governor shall be appointed for 4-year terms. Council members appointed by the President of the Senate and the Speaker of the House of Representatives shall be appointed for 2-year terms. Council members serving on July 1, 2002, may serve the remainder of their respective terms. New appointments to the council shall not be made until the retirement, resignation, removal, or expiration of the terms of the initial members results in fewer than 15 members remaining. As vacancies occur, the first appointment to the council shall be made by the Governor. The President of the Senate, the Speaker of the House of Representatives, and the Governor, respectively, shall then alternate appointments until the council is composed as required herein. No member of the council who serves two 4-year terms or two 2-year terms will be eligible for reappointment during a 1-year period following the expiration of the member's second term. A member whose term has expired shall continue to serve on the council until such time as a replacement is appointed. Any vacancy on the council shall be filled for the remainder of the unexpired term in the same manner as for the original appointment. Members should have a substantial history of community service in the performing or visual arts, which includes, but is not limited to, theatre, dance, folk arts, music, architecture, photography, and literature. In addition, it is desirable that members have successfully served on boards of cultural institutions such as museums and performing arts centers or are recognized as patrons of the arts.

(b)  The members shall elect a chair from their number annually. The council shall meet at the call of its chair, at the request of the department, or at such times as may be prescribed by its rules. A majority of the members of the council constitutes a quorum, and a meeting may not be held with less than a quorum present. The affirmative vote of a majority of the members of the council present is necessary for any official action by the council.

(c)  The Secretary of State may appoint review panels representing various artistic disciplines to assist the Florida Arts Council in the grant review process. Review panel members shall serve for 1-year terms. Each panel shall include practicing artists or other persons actively involved in the specific discipline for which the panel is to review grants. The panels shall review grant applications and make recommendations to the council concerning the relative merits of the applicants. The division shall, by rule, establish criteria for reviewing grant applications to ensure compliance with applicable federal and state laws relating to discrimination and conflicts of interest.

(d)  The council and panels shall provide a forum for public comment prior to voting on any art grant application.

(e)  Members of the council and panels shall not receive any compensation for their services but shall be reimbursed for travel and expenses incurred in the performance of their duties, as provided in s. 112.061.

(f)  If a member of the council is absent from two consecutive meetings or any two regularly scheduled meetings in any calendar year, the council member's appointment shall be terminated unless the original appointing authority determines that extenuating circumstances exist.

(g)  The original appointing authority may remove any of his or her appointees from the council for misconduct or malfeasance in office, neglect of duty, incompetence, or permanent inability to perform official duties or if there has been an adjudication that the member is guilty of a felony.

(2)  The duties of the council shall be to:

(a)  Advise the Secretary of State in all matters pertaining to art, specifically with respect to any programs operated by the department as authorized hereunder.

(b)  Stimulate and encourage throughout the state the study and presentation of the arts and public interest and participation therein.

(c)  Make such surveys as may be advisable of public and private institutions which are engaged within the state in artistic and cultural activities.

(d)  Encourage the participation in and appreciation of the arts to meet the needs and aspirations of persons in all parts of the state.

(e)  Encourage public interest in the cultural heritage of this state and expand the cultural resources of the state.

(f)  Encourage and assist freedom of artistic expression essential for the well-being of the arts.

(g)  Advise the Secretary of State in all matters concerning the awarding of grants for the arts under this act.

(h)  Promote the enhancement and beautification of the interiors of the Capitol Building and other public buildings and advise appropriate state officers, state agencies, and the Department of Management Services in this regard.

(i)  Review applications for grants for the acquisition, renovation, or construction of cultural facilities and recommend a priority for the receipt of such grants, as provided in s. 265.701.

History.--ss. 1, 4, ch. 80-319; ss. 2, 4, 5, ch. 81-127; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 1, ch. 84-8; s. 6, ch. 88-137; ss. 9, 12, 13, ch. 90-267; s. 5, ch. 91-429; s. 195, ch. 92-279; s. 55, ch. 92-326; s. 155, ch. 95-148; s. 1, ch. 96-151; s. 1, ch. 2002-202; s. 19, ch. 2004-5.

265.286  Art grants award by Division of Cultural Affairs.--

(1)  Subject to the recommendation of the Florida Arts Council and to the approval of the Secretary of State, the division is authorized to expend appropriated state and federal funds for art grants. The division shall, by rule, establish criteria for the award of grants, including criteria relating to artistic quality, creativity, potential public exposure and benefit, ability to properly administer grant funds, and such other matters deemed necessary and appropriate to further the purposes of this act. The division shall expend all funds in accordance with state law and shall use such appropriations to supplement the financial support of:

(a)  Programs which have substantial artistic and cultural significance, giving emphasis to American creativity and the maintenance and encouragement of professional excellence.

(b)  Programs meeting professional standards or standards of authenticity, irrespective of origin, which programs are of significant merit and which, without such assistance, would otherwise be unavailable to the citizens of this state.

(2)  Grants shall be made by contract with any nonprofit corporation, local or state governmental entity, or artist engaged in or concerned with the arts. Of the total amount of funds available from all sources for art grants, 70 percent of such funds shall be awarded on a 50-percent matching basis. Up to 30 percent of such funds available may be awarded on a nonmatching basis, including individual fellowships.

(3)  In administering grants, contracts, and funds appropriated for arts programs, the division may release moneys in advance on a quarterly basis. By the end of the contract period, the grantee or contractee shall furnish to the division a complete and accurate accounting of how all state funds were expended. Postaudits to be conducted by an independent certified public accountant may be required in accordance with rules adopted by the division.

(4)  The division is authorized to develop and conduct a challenge grant program available to cultural institutions or groups of institutions that have local, regional, or statewide impact. Challenge grants shall be made for not less than $10,000; and matching moneys must be on at least a basis of 1 to 1 for local projects, 2 to 1 for regional projects, and 3 to 1 for state or capital projects, with the institution providing the higher amount in the ratio. The division shall by rule establish the specific eligibility and matching criteria for such grants. Separate funding for this program shall be provided by the Legislature.

(5)  The division shall not award any new grant which will, in whole or in part, inure to the personal benefit of any council or review panel member during that member's term of office if the council or panel member participated in the vote of the council or panel recommending the award. This subsection shall not prohibit the division from awarding a grant to an entity with which a council or panel member is associated.

(6)  The division shall by rule provide for separate consideration of grant applications of state-supported institutions from those of private institutions and individuals.

History.--s. 1, ch. 80-319; s. 3, ch. 81-127; s. 128, ch. 83-217; s. 5, ch. 88-137; s. 2, ch. 89-359; ss. 7, 13, ch. 90-267; ss. 2, 7, ch. 91-214; s. 5, ch. 91-429; s. 1, ch. 92-77; s. 7, ch. 95-145; s. 2, ch. 2002-202.

265.2861  Cultural Institutions Program; trust fund.--

(1)  CULTURAL INSTITUTIONS TRUST FUND.--There is created a Cultural Institutions Trust Fund to be administered by the Department of State for the purposes set forth in this section and to support the following programs:

(a)  Statewide arts grants.

(b)  Arts in education and visiting arts programs.

(c)  The State Touring Program. First priority for the issuance of State Touring Program grants shall be given to applicants that reside in counties with a population of 75,000 or less.

(d)  Local arts agencies or state service organizations.

The trust fund shall consist of moneys appropriated by the Legislature and moneys contributed to the fund from any other source.

(2)  CULTURAL INSTITUTIONS PROGRAM.--

(a)  There is created within the Department of State a Cultural Institutions Program.

(b)  The Department of State shall establish, by rule, criteria for the award of grants to cultural organizations, including criteria relating to program quality, potential public exposure and benefit, fiscal stability, ability to properly administer grant funds, procedures for peer evaluation, and other matters deemed necessary and appropriate to further the purposes of this section. The Division of Cultural Affairs shall award grants to supplement the financial support of cultural organizations that have displayed a sustained commitment to cultural excellence and to recognize organizations for superior cultural contributions that have regional or statewide impact.

(c)  Cultural organizations shall receive funding by the Division of Cultural Affairs from the Cultural Institutions Trust Fund.

(d)1.  Upon appropriation by the Legislature of funds for the Cultural Institutions Program, the Department of State shall execute a contract with each organization, which must contain information relative to the program, the projected operating income and expenses, and other provisions deemed necessary by the department for the administration of the program.

2.  Each recipient organization must submit an annual report to the Division of Cultural Affairs detailing the expenditure of funds and is subject to the auditing provisions and rules of the division.

(e)  Each organization shall cause an annual postaudit or independent attestation of its financial accounts, to be conducted by an independent certified public accountant. The annual audit report must be submitted to the Department of State for review. The department may require and receive from the recipient institution, or from its independent auditor, any detail or supplemental data relative to the operation of such institution.

(f)  The Department of State shall adopt rules necessary to administer this section.

History.--s. 1, ch. 88-137; s. 3, ch. 89-359; ss. 4, 13, ch. 90-267; ss. 3, 7, ch. 91-214; s. 5, ch. 91-429; s. 1, ch. 93-46; s. 8, ch. 95-145; s. 27, ch. 95-242; s. 1, ch. 96-386; s. 4, ch. 98-91; s. 68, ch. 2000-258; ss. 43, 53, ch. 2001-254; s. 930, ch. 2002-387; s. 6, ch. 2003-2; s. 5, ch. 2003-401.

265.2862  General support program for cultural institutions.--The Division of Cultural Affairs of the Department of State shall develop and conduct a general support program designed to supplement the financial support of cultural organizations that have a sustained commitment to cultural excellence and to recognize organizations for superior cultural contributions that have regional or statewide impact. The division shall establish, by rule, criteria for awarding grants to the cultural organizations. The rules must include, but need not be limited to, criteria relating to program quality, potential public exposure and benefit, fiscal stability, ability to properly administer grant funds, and procedures for a peer evaluation process.

History.--s. 1, ch. 92-77.

265.2865  Florida Artists Hall of Fame.--

(1)  It is the intent of the Legislature to recognize and honor those persons, living or dead, who have made significant contributions to the arts in this state, either as performing artists, or practicing artists in individual disciplines.

(2)(a)  There is hereby created the Florida Artists Hall of Fame. The Florida Arts Council shall identify an appropriate location in the public area of a building in the Capitol Center that is under the jurisdiction of the Department of Management Services, which location shall be set aside by the department and designated as the Florida Artists Hall of Fame.

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

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

(4)  The Secretary of State shall name no more than four members to the Florida Artists Hall of Fame in any one year.

(5)  Any benefactor of the arts who was named to the Florida Artists Hall of Fame before October 1, 1995, shall remain in the Florida Artists Hall of Fame.

(6)  The Division of Cultural Affairs of the Department of State shall adopt rules necessary to carry out the purposes of this section, including, but not limited to, procedures for accepting nominations to, making recommendations for, selecting members of the Florida Artists Hall of Fame, and providing travel expenses for such recipients. Notwithstanding the provisions of s. 112.061, the Secretary of State may approve first-class travel accommodations for recipients of the Florida Artists Hall of Fame award and their representatives for health or security purposes.

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

History.--s. 1, ch. 86-169; s. 13, ch. 90-267; s. 78, ch. 91-221; s. 5, ch. 91-429; s. 196, ch. 92-279; s. 55, ch. 92-326; s. 2, ch. 93-46; s. 1, ch. 95-235; s. 43, ch. 98-279; s. 8, ch. 2005-207.

265.289  State theater contract organizations; audit information; admission fees.--

(1)  DEFINITION.--For the purposes of this section, a "state theater contract organization" means an organization that:

(a)  Receives funding pursuant to the Cultural Institutions Program authorized under s. 265.2861; or

(b)  Received funding from the Department of State as a state theater contract organization prior to October 1, 1990.

(2)  INFORMATION IN AUDITS.--Information contained in an audit required of a state theater contract organization pursuant to rules authorized under s. 265.2861 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 a contract 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.

(3)  ADMISSION FEES.--Any admission fee to a performance of a state theater contract organization shall be wholly retained by the contract organization.

History.--ss. 3, 4, ch. 80-288; s. 4, ch. 82-46; s. 2, ch. 89-55; s. 89, ch. 90-360; s. 3, ch. 92-77; s. 4, ch. 93-46; s. 117, ch. 96-406; s. 2, ch. 2000-223.

265.32  County fine arts council.--

(1)  COUNTY AUTHORITY TO CREATE; PURPOSE.--Each county of the state is hereby vested with the authority to create a county fine arts council, hereinafter referred to as "council" or "arts council," a public agency corporate and politic, for the purposes of:

(a)  Stimulating greater governmental and public awareness and appreciation of the importance of the arts to the people of Florida.

(b)  Encouraging and facilitating greater and more efficient use of governmental and private resources for the development and support of the arts.

(c)  Encouraging and facilitating opportunities for Florida residents to participate in artistic activities.

(d)  Promoting the development of Florida artists, arts institutions, community organizations sponsoring arts activities, and audiences.

(e)  Surveying and assessing the needs of the arts, artists, arts institutions, community organizations sponsoring arts activities, and people of this state relating to the arts.

(f)  Supporting and facilitating the preservation and growth of the state's artistic resources.

(g)  Contracting for artistic services, performances, and exhibits.

(h)  Developing a center or complex of physical facilities for the use of the arts.

(i)  Providing financial and technical assistance to artists, arts institutions, and audiences.

(j)  Otherwise serving the citizens of the county and state in the realm of the arts.

The purposes provided by this section are hereby deemed to be public purposes.

(2)  MEMBERSHIP AND ORGANIZATION.--

(a)  Initial members of the arts council shall be appointed by the board of county commissioners and shall be selected in such manner as to assure that the general arts needs of the people in the county may best be served. It shall be remembered that each council member will be charged with the responsibility of serving the best interests of the arts in the county within the purposes of this act, and no council member shall view his or her role as that of representing any particular geographic area of the county, interest group, arts institution, community organization, or audience. No individual committed to, or owing allegiance to, any particular arts faction shall be eligible to serve on the council.

(b)1.  If a county is creating a council under the provisions of this act, the arts council shall consist of 15 members. Vacancies which exist on the council shall be filled by the board of county commissioners. However, in filling any vacancy which occurs, the board of county commissioners shall select the replacement council member from a list of three candidates to be submitted by the remaining members of the council. In the event that none of the three candidates suggested meets commission approval, the council shall submit another and entirely different list for commission consideration. This process shall continue until a suitable replacement has been found to fill the existing or anticipated vacancy.

2.  The council shall make the general public aware of any vacancy which occurs, or which is expected, by complying with the notice and publication requirements established in paragraph (f). The council shall then consider suggestions or recommendations made by members of the public; representative civic, labor, and cultural associations; and groups concerned with encouraging the development and appreciation of the arts before submitting any list of candidates to the board of county commissioners.

3.  There shall be an ex officio member who shall be a member of the board of county commissioners to be designated by it. The council may authorize additional ex officio members from any municipality within the county which it determines deserves representation, and any such member shall be designated by the city commission from its membership. The council may also authorize other ex officio members from the general public when such membership will serve the best interests of the arts and help carry out the objectives and duties of the council.

(c)  The term of office for each member shall be 4 years. All members of the council shall be qualified electors residing in the county.

(d)  No council member who serves two full terms shall be reappointed to the council during the 2-year period following expiration of his or her term.

(e)  No council member may receive compensation for his or her services, but each member may be reimbursed in accordance with chapter 112 for actual expenses necessarily incurred in the performance of his or her duties.

(f)  For purposes of this section, notice and publication requirements shall be deemed to have been met by daily advertisement in a newspaper, or in any of the electronic media, with countywide circulation or exposure for a period of 3 days at least 10 days prior to the taking of the intended action.

(g)  Council members may be removed for cause, and continued and unexcused absence shall constitute a form of, but not limit, such cause for removal. The removed member's replacement shall be chosen as provided in paragraph (b). Removal shall only be accomplished by a two-thirds vote of the remaining council members.

(3)  COUNCIL OFFICERS.--The council shall elect annually one of the members of the council to be its chair. No member of the council may serve as its chair for more than two terms. The council may annually elect such other officers as it deems appropriate.

(4)  EXECUTIVE DIRECTOR.--The council may appoint an executive director who shall be a full-time employee and shall serve at the pleasure of, and at a salary fixed by, the council. The executive director shall carry out the policies and programs established by the council, shall employ, subject to council approval, such full-time and part-time staff and consultants as appropriate to carry out those policies and programs, and shall be in charge of the day-to-day operations of those policies and programs. The executive director may be empowered by the council to sign contracts, leases, and other agreements on its behalf.

(5)  POWERS OF THE COUNCIL.--Within the limit of funds available to it and the conditions set forth in this act, the council shall have all legal powers necessary and appropriate to effectuate its purposes and duties as set forth in this act and as enumerated in the bylaws of the council. The council shall adopt at the earliest possible opportunity a set of bylaws enumerating its purposes, duties, powers, and rules of organization and operation, which bylaws shall not be inconsistent with, or exceed the provisions of, this act.

(6)  BONDS AUTHORIZED.--

(a)  Upon resolution of the county commission approving such authority, each county arts council created pursuant to this act shall have the power to issue, refund, or take any other action with respect to revenue bonds to finance or refinance a capital project as part I of chapter 159 authorizes, insofar as the provisions of part I of chapter 159 are applicable. For the purposes of this act, the term "unit," as defined in s. 159.02, shall be deemed to include any county fine arts council created pursuant to this act, and the term "governing body," as defined in s. 159.02, shall be deemed to include any county fine arts council created pursuant to this act.

(b)  Bonds issued under the provisions of this act shall not constitute a debt of the county or any municipality therein or a pledge of the faith and credit of the county or any municipality therein, and a statement to that effect shall be recited on the face of the bonds. However, any county or municipality therein may, by express resolution, assume as its debt, or pledge its faith and credit as a guarantee of, the bonds of the county arts council if such bonds are issued to finance or refinance a capital project authorized by law and are approved by a vote of the electors.

(7)  COUNCIL MEETINGS; PUBLIC HEARINGS; COMMITTEES AND ADVISERS; REPORTS; RULES.--

(a)  The council shall meet at least quarterly pursuant to notice and at such times and places as the council shall determine. One-half of the council membership, plus one, shall comprise a quorum for the transaction of business at council meetings.

(b)  The council shall hold at least one public hearing annually, pursuant to public notice specifying the date and place of hearing and the subjects to be considered, for the purposes of making the council's work known and investigating and assessing the needs and development of the arts in the county. Notwithstanding the publication of an agenda for the annual meeting, the specification of subjects shall not preclude consideration of any other subject pertinent to the above-stated purpose of the meeting if that other subject is raised by any county resident present at the meeting.

(c)  The council may establish such working committees of council members as it deems appropriate to carry out its objectives, duties, and powers.

(d)  The council may convene such advisory panels and may consult with such advisers and experts as it deems necessary and appropriate for carrying out its objectives, duties, and powers.

(e)  The council shall formulate and publish rules setting forth the criteria pursuant to which its financial aid is given and such other rules regarding its activities as it deems appropriate.

(f)  The county arts council may, from time to time and at any time, submit to the Florida Arts Council a report summarizing its activities and setting forth any recommendations it considers appropriate, including recommendations with respect to present or proposed legislation concerning state encouragement and support of the arts.

(8)  ACT FOR PUBLIC PURPOSE; EFFECT ON EXISTING COUNCILS.--

(a)  This act, being for public purpose and for the welfare of the citizens of Florida, shall be liberally construed to effect the purposes hereof.

(b)  Nothing in this act shall affect the operation or structure of any existing arts council that provides service to any community or county and is so recognized by members of said community or county. Nonetheless, any existing council may be reorganized by resolution of the board of county commissioners into a public agency corporate and politic as provided in subsection (1); however, the council shall conform to the provisions of subsection (2) except as to number of appointed members. In such case, any and all prior enabling legislation pursuant to which said council was established shall be repealed and superseded by this act insofar as it is inconsistent with this act. Council members serving at the time of passage of the hereinbefore mentioned resolution may serve for the remaining portions of their terms. In the event that some council members are elected to their positions, those positions shall continue to be filled by election as they had been previously.

History.--ss. 1, 2, 3, 4, 5, 6, 7, 9, 10, ch. 76-244; s. 1, ch. 77-174; s. 129, ch. 83-217; s. 14, ch. 90-267; s. 11, ch. 91-49; s. 156, ch. 95-148.

265.565  Property loaned to museums; obligations to lenders; notice; loan termination; acquisition of title; liens; conservation or disposal.--

(1)  LEGISLATIVE FINDINGS.--The people of Florida benefit from having property of artistic, historic, cultural, or scientific value loaned to museums in this state. Loans of such property are made to these museums for study or display in furtherance of their educational purposes. However, problems arise in relation to loans for indefinite or long terms when museums and lenders fail to maintain contact. Museums routinely store and care for loaned property long after loan periods have expired or should reasonably be deemed expired. In such circumstances, museums have limited rights to the use and treatment of unclaimed loan property, while at the same time they bear substantial unreimbursed expenses, including, but not limited to, costs related to storage, recordkeeping, climate control, security, periodic inspection, insurance, conservation, and general overhead. The Legislature finds and declares that it is in the public interest to establish uniform procedures governing the disposition of unclaimed property on loan to museums in the state and, more particularly, to encourage museums and their lenders to exercise due diligence in monitoring loans, to allocate fairly responsibilities between lenders and borrowing museums, to establish procedures for lenders to preserve their interests in property loaned to museums for indefinite or long terms, and to resolve expeditiously the title to unclaimed loans left in the custody of museums.

(2)  DEFINITIONS.--

(a)  "Lender" means an individual, corporation, partnership, trust estate, or other organization or entity whose name appears in the records of the museum as the entity legally entitled to control property on loan to the museum.

(b)  "Loans," "loaned," or "on loan" refers to property in possession of the museum not accompanied by a transfer of title to the property or accompanied by evidence that the lender intended to retain title to the property and to return to take physical possession of the property in the future.

(c)  "Museum" means a public or private not-for-profit agency or institution located in Florida and organized on a permanent basis for primarily educational, scientific, or aesthetic purposes, which owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis.

(d)  "Property" means all tangible objects in the custody of a museum which have intrinsic historical, artistic, scientific, or cultural value.

(e)  "Records" or "museum records" means documents created or held by a museum in its regular course of business.

(f)  "Unclaimed property" means property which is on loan to the museum and in regard to which the lender, or anyone acting legitimately on the lender's behalf, has not contacted the museum for at least 25 years from the date of the beginning of the loan, if the loan was for an indefinite or undetermined period, or for at least 5 years after the date upon which the loan for a definite period expired.

(3)  OBLIGATIONS OF MUSEUMS TO LENDERS.--

(a)  For property loaned to a museum after the effective date of this act, the museum shall:

1.  Make and retain a written record containing, at a minimum, the lender's name, address, and telephone number, a description of the property loaned in sufficient detail for clear identification, including a description of the general condition of the property at the time of the loan, the beginning date of the loan, and the expiration date of the loan.

2.  Provide the lender with a signed receipt or loan agreement containing, at a minimum, the record set forth in subparagraph 1.

3.  Inform the lender of the existence of the provisions of this act and provide the lender with a copy of the provisions of this act upon the lender's request.

(b)  Regardless of the date of a loan of property, the museum shall:

1.  Update its records if a lender informs the museum of a change of address or change in ownership of property loaned, or if the lender and museum negotiate a change in the duration of the loan.

2.  Inform the lender of the existence of the provisions of this act when renewing or updating the records of an existing loan and provide the lender with a copy of the provisions of this act upon the lender's request.

(c)  A museum shall give a lender prompt notice of any known injury to or loss of property on loan.

(4)  LENDER'S NOTICE.--

(a)  It is the responsibility of the owner of property on loan to a museum to notify the museum promptly in writing of any change in the lender's address or change in ownership of the property. Failure to notify the museum of these changes may result in the owner's loss of rights to the property.

(b)  It is the responsibility of a successor of a lender to document passage of rights of control of the property in the custody of a museum.

1.  Unless there is evidence of bad faith or gross negligence, no museum shall be prejudiced by reason of any failure to deal with the true owner of any loaned property.

2.  In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment.

(5)  TERMINATION OF LOANS.--

(a)  A museum may terminate a loan for unclaimed property in its possession by making a good faith and reasonable search for the identity and last known address of the lender from the museum records and other records reasonably available to museum staff. If the museum is able to identify the lender and the lender's last known address, the museum shall give notice to the lender that the loan is terminated pursuant to paragraph (b). If the identity or last known address of the lender remains unknown after a good faith and reasonable search, the museum shall give notice by publication pursuant to paragraph (c).

(b)  A museum shall provide notice of termination of a loan of unclaimed property by sending a letter by certified mail to the lender at the lender's last known address giving notice of termination of the loan, which shall include the date of notice of termination, the name of the lender, a description of the property sufficient in detail for ready identification, the beginning date of the loan, if known, the termination date of the loan, if applicable, the name and address of the appropriate museum official to be contacted regarding the loan, and a statement that within 90 days of the date of the notice of termination, the lender is required to remove the property from the museum or contact the designated official in the museum to preserve the lender's interests in the property. Failure to provide such notice will result in the loss of all rights in the property pursuant to subsection (6).

(c)  If the museum is unable to identify sufficient information to send notice pursuant to paragraph (b), or if a signed return receipt of a notice sent by certified mail pursuant to paragraph (b) is not received by the museum within 30 days after the notice is mailed, the museum shall publish the notice of termination of loan containing all the information available to the museum provided in paragraph (b) at least twice, 60 or more days apart, in a publication of general circulation in the county in which the museum is located and the county of the lender's last known address, if known.

(6)  MUSEUM GAINING TITLE TO PROPERTY; CONDITIONS.--As of the effective date of this act, a museum acquires title to unclaimed property under any of the following circumstances:

(a)  For property for which a museum provides notice to a lender in accordance with paragraph (5)(b) and a signed receipt is received, if the lender of the property does not contact the museum within 90 days after the date notice was received.

(b)  For property for which notice by publication is made pursuant to paragraph (5)(c), if the lender or anyone claiming a legal interest in the property does not contact the museum within 90 days after the date of the second publication.

(7)  CONTRACTUAL OBLIGATIONS.--Notwithstanding the provisions of this act, a lender and museum can bind themselves to different loan provisions by written contract.

(8)  EFFECT ON OTHER RIGHTS.--

(a)  Property on loan to a museum shall not escheat to the state under any state escheat law but shall pass to the museum under the provisions of subsection (6).

(b)  Property interests other than those specifically addressed in this act are not altered by this act.

(9)  TITLE OF PROPERTY ACQUIRED FROM A MUSEUM.--A museum which acquires title to property under this act passes good title to another when transferring such property with the intent to pass title.

(10)  MUSEUM LIEN FOR EXPENSES OF EXPIRED LOANS.--As of the effective date of this act, a museum shall have a lien for expenses for reasonable care of loaned property unclaimed after the expiration date of the loan.

(11)  CONSERVATION OR DISPOSAL OF LOANED PROPERTY.--Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of a loaned property without a lender's permission if:

(a)  Immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or because the property on loan has become a hazard to the health and safety of the public or the museum's staff and:

1.  The museum is unable to reach the lender at the lender's last address of record, so that the museum and the lender can promptly agree upon a solution; or

2.  The lender will not agree to the protective measures the museum recommends yet is unwilling or unable to terminate the loan and retrieve the property.

(b)  In the case of a lender who cannot be contacted in person, the museum publishes a notice of its intent to apply conservation measures or dispose of the property on loan in a publication of general circulation in the county in which the museum is located and the county of the lender's last known address, if known, and there is no response for 60 days. Such a notice shall also contain the lender's name, the lender's address, if known, the date of the loan, and the name, address, and telephone number of the appropriate museum office to be contacted for information regarding the property on loan.

(12)  If a museum applies conservation measures to or disposes of a property pursuant to subsection (11), the museum shall have a lien on the property and on the proceeds from any disposition thereof for the costs incurred by the museum, and the museum shall not be liable for injury to or loss of the property if:

(a)  The museum had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan constituted a hazard to the health and safety of the public or the museum's staff.

(b)  The museum exercised reasonable care in the choice and application of conservation measures.

History.--s. 1, ch. 97-267.

265.601  Cultural Endowment Program; short title.--Sections 265.601-265.607 may be cited as the "Cultural Endowment Program."

History.--s. 1, ch. 85-152; s. 2, ch. 96-386.

265.602  Legislative intent.--The Legislature recognizes the critical need for significant additional funding which is currently being experienced by local cultural organizations in this state. Furthermore, the Legislature recognizes that this supplemental funding should be available on a recurring basis, and should be primarily utilized for the day-to-day expenses incurred by cultural groups. It is, therefore, the intent of the Legislature to create an endowment matching fund program which will guarantee sufficient operating resources for those organizations which participate.

History.--s. 2, ch. 85-152; s. 3, ch. 96-386.

265.603  Definitions relating to Cultural Endowment Program.--The following terms and phrases when used in ss. 265.601-265.607 shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)  "Department" means the Department of State.

(2)  "Division" means the Division of Cultural Affairs of the Department of State.

(3)  "Cultural" means the disciplines of dance, music, theater, visual arts, literature, media arts, interdisciplinary and multidisciplinary, and programs of museums.

(4)  "Secretary" means the Secretary of State.

(5)  "Sponsoring organization" means a cultural organization which:

(a)  Is designated as not for profit pursuant to s. 501(c)(3) or (4) of the Internal Revenue Code of 1954;

(b)  Is described in, and allowed to receive contributions pursuant to, the provisions of s. 170 of the Internal Revenue Code of 1954;

(c)  Is a corporation not for profit incorporated pursuant to chapter 617; and

(d)  Is primarily and directly responsible for conducting, creating, producing, presenting, staging, or sponsoring a cultural exhibit, performance, or event. This provision includes museums owned and operated by political subdivisions of the state, except those constituted pursuant to s. 1004.67.

History.--s. 3, ch. 85-152; s. 1, ch. 88-255; s. 1, ch. 91-132; s. 4, ch. 96-386; s. 931, ch. 2002-387.

265.605  Cultural Endowment Program; rulemaking.--

(1)  The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act.

(2)  Information which, if released, would identify donors and amounts contributed by donors to the trust fund, or to the local organization's matching fund, is, at the request of the donor, 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 department or the local 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.

History.--s. 4, ch. 85-152; s. 6, ch. 86-169; s. 4, ch. 88-255; s. 3, ch. 89-55; s. 90, ch. 90-360; s. 2, ch. 91-132; s. 4, ch. 92-77; s. 5, ch. 96-386; s. 118, ch. 96-406; s. 5, ch. 96-418; s. 53, ch. 98-200.

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

(1)  To be eligible for receipt of state matching funds, the local sponsoring organization shall meet all of the following criteria:

(a)  Establish a cultural endowment program fund or funds, which it shall administer and invest.

(b)  Deposit into the appropriate program fund account the required matching funds which have been collected from new public and private donations and gifts having a total annual value of at least $360,000 for each individual endowment.

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

(2)  Contributions to the sponsoring organization for which state matching funds may be received shall include cash or negotiable securities.

(3)  Each individual endowment in this program shall have a total value of $600,000 of which $360,000 shall be raised by the sponsoring organization with the remaining $240,000 in matching funds being contributed by the state. A sponsoring organization that receives a matching fund endowment is eligible to apply for additional matching fund endowments; however, additional endowments shall not be awarded to a sponsoring organization more frequently than once every 36 months. Application for and award of each matching fund endowment must comply with the requirements of this section, including the matching fund requirements. A sponsoring organization may establish an endowment program fund for each endowment, or may combine two or more endowments in one program fund.

(4)  Once the secretary has determined that the sponsoring organization has complied with the criteria imposed by this section, he or she may authorize the transfer of the appropriate state matching funds to the organization. However, the secretary shall ensure that the local group has made prudent arrangements for the trusteeship of the entire endowment, and such trusteeship is hereby created. The sponsoring organization may then expend moneys in the endowment program fund, subject to the following requirements:

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

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

(c)  Any contract administered under this section shall require the local sponsoring organization to submit to the division an annual postaudit of its financial accounts conducted by an independent certified public accountant.

(5)  The $240,000 state matching fund endowment for each individual endowment shall revert to the ¹General Revenue Fund if any of the following events occurs:

(a)  The recipient sponsoring organization ceases operations.

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

(c)  The recipient sponsoring organization willfully expends a portion of the endowment principal of any individual endowment.

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

(b)  The investment objectives of the trustee are to preserve the principal amount of each endowment while maximizing current income through the use of investment-quality financial instruments of the types set forth in rules promulgated by the department. The market value of $600,000 for each individual endowment in a local cultural endowment program fund shall be maintained.

(7)  Qualified sponsoring organizations which are approved and recommended by the Secretary of State and not funded by the Legislature shall be retained on the Cultural Endowment Program priority list for the following fiscal year. All organizations that are retained shall be required to meet the definition of a sponsoring organization and qualifying criteria as required in this section and by the Department of State for the Cultural Endowment Program.

History.--s. 6, ch. 85-152; s. 4, ch. 86-169; s. 76, ch. 87-224; ss. 13, 15, ch. 90-267; s. 3, ch. 91-132; s. 5, ch. 91-429; s. 157, ch. 95-148; s. 6, ch. 96-386; s. 6, ch. 96-418; s. 1, ch. 2001-113; s. 9, ch. 2005-207.

¹Note.--As amended by s. 6, ch. 96-418. The amendment to s. 265.606 by s. 6, ch. 96-386, uses the words "State Fund" instead of the words "General Revenue Fund."

265.608  Science Museum; grants.--

(1)  The Division of Cultural Affairs of the Department of State is authorized to grant moneys from the Cultural Institutions Trust Fund, including matching grants to science museums recommended by the Florida Arts Council and approved by the Secretary of State. The division shall, by rule, establish criteria for awarding grants including criteria based upon the quality of the proposed grant recipient, the potential public exposure and public benefit of the exhibits of the proposed grant recipient, and the ability of the proposed grant recipient to properly administer grant funds and any other criteria the division determines are necessary and appropriate to further the purposes of this act. The division shall grant moneys from the trust fund in accordance with state law.

(2)  For purposes of this section, the term "science museum" means a public or private nonprofit institution located in this state operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting programs for the observation and study of various types of natural science and science technology.

(3)  A science museum must be open to the public, have a full-time staff, be a not-for-profit organization pursuant to s. 501(c)(3) of the Internal Revenue Code of 1986, and be incorporated pursuant to chapter 617 or administered as a part of local or state government in order to receive a grant from the fund.

(4)  The Secretary of State may appoint review panels representing various disciplines to assist the Florida Arts Council in the grant review process contemplated by this section. The term of office of each review panel member shall be 1 year. The membership of each panel shall include persons actively involved in the specific discipline for which the respective panel is to review grants. Members of the panels shall not receive any compensation for their services, but shall be reimbursed for travel and expenses incurred in the performance of their duties, as provided in s. 112.061. The panels shall review grant applications and make recommendations to the council concerning the relative merits of the applicants. The division shall by rule establish criteria for reviewing grant applications to ensure compliance with applicable state laws relating to nondiscrimination and prohibited conflicts of interest.

(5)  The division may grant moneys quarterly from the trust fund to science museums in advance of an exhibit or program for which the moneys are granted, pursuant to a grant agreement or a contract. Before the end of the contract period, the grant recipient shall file with the division a complete accounting of all moneys received from the trust fund. The division may adopt rules requiring a postaudit of such accounting to be conducted by an independent certified public accountant.

History.--s. 1, ch. 89-359; ss. 10, 13, ch. 90-267; s. 5, ch. 91-429; s. 7, ch. 96-418.

265.609  Youth and Children's Museum; grants.--

(1)  The Division of Cultural Affairs of the Department of State is authorized to grant moneys from the Cultural Institutions Trust Fund, including matching grants, to youth and children's museums recommended by the Florida Arts Council and approved by the Secretary of State. The division shall, by rule, establish criteria for awarding grants, including criteria based upon the quality of the proposed grant recipient, the potential public exposure and public benefit of the exhibits of the proposed grant recipient, and the ability of the proposed grant recipient to properly administer grant funds, and any other criteria the division determines are necessary and appropriate to further the purposes of this section. The division shall grant moneys from the trust fund in accordance with state law.

(2)  For purposes of this section, the term "youth and children's museum" means a public or private nonprofit institution located in this state operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting multidisciplinary, participatory programs oriented toward visitors ages 6 months through 15 years, and their families, teachers, and caregivers.

(3)  A youth and children's museum shall be open to the public, have a full-time staff, be an organization not for profit pursuant to s. 501(c)(3) of the Internal Revenue Code of 1986, and be incorporated pursuant to chapter 617 or administered as a part of local or state government in order to receive a grant from the fund.

(4)  The secretary may appoint review panels representing various disciplines to assist the Florida Arts Council in the grant review process. Review panel members shall serve for 1-year terms. Each panel shall include persons actively involved in the specific discipline for which the panel is to review grants. The panels shall review grant applications and make recommendations to the council concerning the relative merits of the applicants. The division shall, by rule, establish criteria for reviewing grant applications to ensure compliance with applicable state laws relating to discrimination and conflicts of interest.

(5)  The division may grant moneys quarterly from the trust fund to youth and children's museums in advance of an exhibit or program for which the moneys are granted, pursuant to a grant agreement or a contract. Before the end of the contract period, the grant recipient shall file with the division a complete accounting of all moneys received from the trust fund. The division may adopt rules requiring a postaudit of such accounting to be conducted by an independent certified public accountant.

History.--ss. 16, 17, ch. 90-267; s. 25, ch. 91-201; s. 5, ch. 91-429; s. 31, ch. 95-242; s. 8, ch. 96-418.

265.701  Cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.--

(1)  The Division of Cultural Affairs may accept and administer moneys appropriated to it for providing grants to counties, municipalities, and qualifying nonprofit corporations for the acquisition, renovation, or construction of cultural facilities.

(2)  A county, municipality, or qualified corporation may apply for a grant of state funds for the acquisition, renovation, or construction of a cultural facility. For the purposes of this section, a "qualified corporation" is a corporation which is designated a not-for-profit corporation pursuant to s. 501(c)(3) or (4) of the Internal Revenue Code of 1954, and which is described in, and allowed to receive contributions pursuant to the provisions of, s. 170 of the Internal Revenue Code of 1954, and which is a corporation not for profit incorporated pursuant to chapter 617. The state grant must be matched by a contribution from the county, municipality, or nonprofit corporation in an amount to be determined by the Department of State.

(3)  The Florida Arts Council shall review each application for a grant to acquire, renovate, or construct a cultural facility which is submitted pursuant to subsection (2) and shall submit annually to the Secretary of State for approval lists of all applications that are recommended by the council for the award of grants, arranged in order of priority. The division may allocate grants only for projects that are approved or for which funds are appropriated by the Legislature. Projects approved and recommended by the Secretary of State which are not funded by the Legislature shall be retained on the project list for the following grant cycle only. All projects that are retained shall be required to submit such information as may be required by the department as of the established deadline date of the latest grant cycle in order to adequately reflect the most current status of the project.

(4)  Any contract administered under this section shall require the recordation of a restrictive covenant by the grantee and property owner or the purchase of a bond as prescribed by rule to ensure that the facility continues to be used as a cultural facility for a period of 10 years following the grant award. If the facility ceases to be used as a cultural facility during the 10 years following the grant award, the grant funds shall be repaid to the department according to an amortization schedule set forth in rule.

(5)  The Division of Cultural Affairs shall adopt rules prescribing the criteria to be applied by the Florida Arts Council in recommending applications for the award of grants and rules providing for the administration of the other provisions of this section.

History.--s. 7, ch. 88-137; ss. 11, 13, ch. 90-267; s. 5, ch. 91-429; s. 10, ch. 2005-207.

265.702  Regional cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.--

(1)  The Division of Cultural Affairs of the Department of State may accept and administer moneys that are appropriated to it for providing grants to counties, municipalities, and qualifying nonprofit corporations for the acquisition, renovation, or construction of regional cultural facilities.

(2)  A county, municipality, or qualified corporation may apply for a grant of state funds for the acquisition, renovation, or construction of a regional cultural facility. As used in this section, the term "qualified corporation" means a corporation that is designated as a not-for-profit corporation pursuant to s. 501(c)(3) or s. 501(c)(4) of the Internal Revenue Code, that is described in and allowed to receive contributions under s. 170 of the Internal Revenue Code, and that is a corporation not for profit incorporated under chapter 617.

(3)  Any entity that owns an interest in the land upon which a regional cultural facility is located or is to be located must meet the requirements set forth in subsection (2). A state grant awarded under this section must be matched by a contribution from the county, municipality, or nonprofit corporation in an amount equal to $2 for each $1 awarded under this section.

(4)  The Florida Arts Council shall review each application for a grant to acquire, renovate, or construct a regional cultural facility which is submitted under subsection (2) and shall submit annually to the Secretary of State for approval a list of all applications received and a list of all projects that are recommended by the council for the award of grants, arranged in order of priority. The division may allocate grants only for regional cultural facilities that are approved by the secretary or for which funds are appropriated by the Legislature. Regional cultural facilities that are approved and recommended by the Secretary of State but are not funded by the Legislature shall be retained on the project list for the following grant cycle only. For each project that is retained, such information as the department requires must be submitted by the established deadline date of the latest grant cycle, in order to adequately reflect the most current status of the regional cultural facility.

(5)  As used in this section, the term "regional cultural facility" means an existing or proposed fixed facility that is primarily engaged in cultural programs and that:

(a)  Has educational programs of excellence and facilities, space, and staff dedicated to the development and delivery of such cultural programs;

(b)  Presents cultural programs or exhibits that are of national or international renown or reputation;

(c)  Has, within a 150-mile radius of the facility, a service area that includes regular attendees, clients, or program participants; and

(d)  Has a documented proposed acquisition, renovation, or construction cost of at least $50 million.

(6)  With respect to the matching funds required under subsection (3):

(a)  In-kind contributions of goods or services may be counted toward 50 percent of the required match; however, any such in-kind contribution:

1.  Must be documented and valued at the fair-market value to the facility;

2.  Must directly relate to the facility's acquisition, renovation, or construction; and

3.  Must not be in the form of a lease.

(b)  Documented expenditures made for project purposes during the 3 years immediately preceding the award of a grant may be used.

(7)(a)  The annual amount of a grant made under this section may not exceed the lesser of $2.5 million or 10 percent of the total costs of the regional cultural facility. The total amount of the grants awarded to a regional cultural facility in a 5-year period may not exceed the lesser of $10 million or 10 percent of the total costs of a regional cultural facility. The total cost of a regional cultural facility must be calculated with respect to the primary scope of the original proposal as submitted under this section and may not include the cost of any additions that change the scope of the regional cultural facility, such as additional facilities or significant design alterations.

(b)  For the 2004-2005 fiscal year only, the annual amount of a grant made under this section may not exceed the amount specified in the General Appropriations Act or the amount specified in paragraph (a), whichever is less. This paragraph expires July 1, 2005.

(8)  Any contract administered under this section shall require the recordation of a restrictive covenant by the grantee and property owner or the purchase of a bond as prescribed by rule to ensure that the facility continues to be used as a regional cultural facility for a period of 10 years following the grant award. If the facility ceases to be used as a regional cultural facility during the 10 years following the grant award, the grant funds shall be repaid to the department according to an amortization schedule set forth in rule.

(9)  The Division of Cultural Affairs may adopt rules prescribing the criteria to be applied to applications for grants and rules providing for the administration of this section.

History.--s. 1, ch. 2002-267; s. 56, ch. 2004-269; s. 11, ch. 2005-207.

265.703  Citizen support organization; use of state administrative services and property; audit.--

(1)  CITIZEN SUPPORT ORGANIZATION.--The division may support the establishment of a citizen support organization to provide assistance, funding, and promotional support for the cultural and arts programs of the division. For the purposes of this section, a "citizen support organization" means an organization which is:

(a)  A Florida corporation not for profit incorporated under the provisions of chapter 617 and approved by the Department of State.

(b)  Organized and operated to conduct programs and activities; raise funds; request and receive grants, gifts, and bequests of money; acquire, receive, hold, invest, and administer, in its own name, securities, funds, objects of value, or other property, real or personal; and make expenditures to or for the direct or indirect benefit of the division or individual program units of the division.

(c)  Determined by the division to be consistent with the goals of the division and in the best interests of the state.

(d)  Approved in writing by the division to operate for the direct or indirect benefit of the division. Such approval shall be given in a letter of agreement from the division.

(2)  USE OF ADMINISTRATIVE SERVICES AND PROPERTY.--

(a)  The division may fix and collect charges for the rental of facilities and properties managed by the division and may permit, without charge, appropriate use of administrative services, property, and facilities of the division by a citizen support organization, subject to the provisions of this section. Such use must be directly in keeping with the approved purposes of the citizen support organization and may not be made at times or places that would unreasonably interfere with opportunities for the general public to use such facilities for established purposes. Any moneys received from rentals of facilities and properties managed by the division may be held in the operating trust fund of the division or in a separate depository account in the name of the citizen support organization and subject to the provisions of the letter of agreement with the division. The letter of agreement shall provide that any funds held in the separate depository account in the name of the citizen support organization shall revert to the division if the citizen support organization is no longer approved by the division to operate in the best interests of the state.

(b)  The division may prescribe by rule any condition with which a citizen support organization shall comply in order to use division administrative services, property, or facilities.

(c)  The division shall not permit the use of any administrative services, property, or facilities of the state by a citizen support organization which does not provide equal membership and employment opportunities to all persons regardless of race, color, religion, sex, age, or national origin.

(3)  ANNUAL AUDIT.--The citizen support organization shall provide for an annual financial audit in accordance with s. 215.981.

History.--s. 12, ch. 2005-207.