1999 Florida Code
TITLE XVIII PUBLIC LANDS AND PROPERTY
Chapter 265 Memorials, Museums, and Fine Arts  
265.284   Chief cultural officer; director of division; powers and duties.

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

(1)  The Secretary of State shall be chief cultural officer of the state.

(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 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.

1(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 receive distributions as provided in s. 320.08058.

(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 2Department of Commerce and other 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)  Subject to funding by the Legislature, there are created the State Orchestra Program, State Dance Program, and State Opera Program, each to be administered as part of, and under the direct supervision of, the Division of Cultural Affairs.

(7)  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.

1Note.--As amended by s. 5, ch. 95-282. This version is published here because of the clear legislative intent of ch. 95-282 to transfer specialty license plates to s. 320.08058 as created by that act (see ss. 24, 25, ch. 95-282). Subsection (4) was also amended by s. 2, ch. 95-333, and that version reads:

(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 receive distributions as provided in 3s. 320.08096.

2Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.

3Note.--Repealed by s. 18, ch. 95-282.