The Florida Senate

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.