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2021 Florida Statutes (Including 2021B Session)
Chapter 265
MEMORIALS, MUSEUMS, AND ARTS AND CULTURE
MEMORIALS, MUSEUMS, AND ARTS AND CULTURE
CHAPTER 265
MEMORIALS, MUSEUMS, AND ARTS AND CULTURE
265.001 Florida Women’s Hall of Fame.
265.002 Legislative intent; Florida Medal of Honor Wall; duties of the Department of Veterans’ Affairs.
265.003 Florida Veterans’ Hall of Fame.
265.00301 POW-MIA Chair of Honor Memorial.
265.0031 Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden.
265.004 Florida Tourism Hall of Fame.
265.0041 Florida Law Enforcement Officers’ Hall of Fame.
265.005 Florida Holocaust Memorial.
265.006 Florida Slavery Memorial.
265.007 Arthur G. Dozier School for Boys Memorial.
265.008 POW-MIA Vietnam Veterans Bracelet Memorial.
265.111 Capitol Complex; monuments.
265.27 Loan of objects of art and artifacts.
265.281 Florida Arts and Culture Act; short title.
265.282 Legislative intent.
265.283 Definitions.
265.284 Chief cultural officer; director of division; powers and duties.
265.285 Florida Council on Arts and Culture; membership, duties.
265.286 Art and cultural grants.
265.2863 State Poet Laureate.
265.2865 Florida Artists Hall of Fame.
265.32 County fine arts council.
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.
265.701 Cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.
265.7015 Confidentiality of certain donor information; publicly owned performing arts centers.
265.703 Citizen support organizations; use of state administrative services and property; audit.
265.802 Florida Folklife Programs.
265.803 Florida Folklife Council.
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 Department of 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 Department of 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 Department of 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 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; s. 2, ch. 2008-84.
265.003 Florida Veterans’ Hall of Fame.—
(1) It is the intent of the Legislature to recognize and honor those military veterans who, through their works and lives during or after military service, have made a significant contribution to the State of Florida.
(2) There is established the Florida Veterans’ Hall of Fame.
(a) The Florida Veterans’ Hall of Fame is administered by the Florida Department of Veterans’ Affairs without appropriation of state funds.
(b) The Department of Management Services shall set aside an area on the Plaza Level of the Capitol Building along the northeast front wall and shall consult with the Department of Veterans’ Affairs regarding the design and theme of the area.
(c) Each person who is inducted into the Florida Veterans’ Hall of Fame shall have his or her name placed on a plaque displayed in the designated area of the Capitol Building.
(3)(a) The Florida Veterans’ Hall of Fame Council is created within the Department of Veterans’ Affairs as an advisory council, as defined in s. 20.03(7), consisting of seven members who shall all be honorably discharged veterans, and at least four of whom must be members of a congressionally chartered veterans service organization. The Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, and the executive director of the Department of Veterans’ Affairs shall each appoint one member. For the purposes of ensuring staggered terms, the council members appointed by the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture shall be appointed to 4-year terms beginning on January 1 of the year of appointment, and the council members appointed by the President of the Senate, the Speaker of the House of Representatives, and the executive director of the Department of Veterans’ Affairs shall be appointed to 2-year terms beginning on January 1 of the year of appointment. After the initial appointments, all appointees shall be appointed to 4-year terms. A member whose term expires shall continue to serve on the council until such time as a replacement is appointed.
(b) The members shall annually elect a chair from among their number. The council shall meet at the call of its chair, at the request of the executive director of the Department of Veterans’ Affairs, or at such times as may be prescribed by the council. A majority of the members of the council currently appointed constitutes a quorum, and a meeting may not be held unless a quorum is present. The affirmative vote of a majority of the members of the council present is necessary for any official action by the council.
(c) Members of the council may not receive compensation or honorarium for their services. Members may be reimbursed for travel expenses incurred in the performance of their duties, as provided in s. 112.061; however, no state funds may be used for this purpose.
(d) The original appointing authority may remove his or her appointee from the council for misconduct or malfeasance in office, neglect of duty, incompetence, or permanent inability to perform official duties or if the member is adjudicated guilty of a felony.
(4)(a) The Florida Veterans’ Hall of Fame Council shall annually accept nominations of persons to be considered for induction into the Florida Veterans’ Hall of Fame and shall transmit a list of up to 20 nominees to the Department of Veterans’ Affairs for submission to the Governor and the Cabinet, who will select the nominees to be inducted.
(b) In selecting its nominees for submission to the Governor and the Cabinet, the council shall give preference to veterans who were born in Florida or adopted Florida as their home state or base of operation and who have made a significant contribution to the state in civic, business, public service, or other pursuits.
(c) For purposes of this section, the term “veteran” or “military veteran” means a person who meets the definition of the term in s. 1.01(14) or a former member of the Florida National Guard.
(5) The Florida Veterans’ Hall of Fame Council may establish criteria and set specific time periods for acceptance of nominations and for the process of selection of nominees for membership and establish a formal induction ceremony to coincide with the annual commemoration of Veterans’ Day.
History.—s. 1, ch. 2011-168; s. 5, ch. 2012-159; s. 1, ch. 2012-199; s. 3, ch. 2016-242.
265.00301 POW-MIA Chair of Honor Memorial.—
(1) It is the intent of the Legislature to recognize and honor the sacrifices endured by members of the Armed Forces of the United States who were held as prisoners of war or remain missing in action.
(2) For purposes of this section, the term “Capitol Complex” has the same meaning as in s. 281.01.
(3) There is established the POW-MIA Chair of Honor Memorial.
(a) The POW-MIA Chair of Honor Memorial shall be funded by the Florida chapters of Rolling Thunder, Inc., without appropriation of state funds.
(b) The Department of Management Services shall approve the design and placement of the POW-MIA Chair of Honor Memorial in the Capitol Complex. The Department of Management Services must consider recommendations from the Department of Veterans’ Affairs, the Florida chapters of Rolling Thunder, Inc., and the Florida Historical Commission in determining the appropriate design and placement of the memorial. The Department of Management Services shall coordinate with the Division of Historical Resources of the Department of State regarding the memorial’s design and placement subject to the division’s powers and duties under s. 267.031.
History.—s. 1, ch. 2014-126.
265.0031 Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden.—
(1) To recognize and honor those military veterans who have made significant contributions to the state through their service to the United States, the Florida Veterans’ Walk of Honor and the Florida Veterans’ Memorial Garden are established.
(2) The Florida Veterans’ Walk of Honor and the Florida Veterans’ Memorial Garden shall be administered by the direct-support organization of the Department of Veterans’ Affairs without funding from the state. However, donations made to the Florida Veterans’ Walk of Honor and the Florida Veterans’ Memorial Garden shall be credited to the direct-support organization of the Department of Veterans’ Affairs and used solely to support and maintain the Florida Veterans’ Walk of Honor, the Florida Veterans’ Memorial Garden, and other efforts of the direct-support organization.
(3) The Department of Management Services, in consultation with the Department of Veterans’ Affairs and the direct-support organization of the Department of Veterans’ Affairs, shall make space available on the Capitol Complex grounds for the construction of the Florida Veterans’ Walk of Honor and the Florida Veterans’ Memorial Garden.
History.—s. 5, ch. 2014-1.
265.004 Florida Tourism Hall of Fame.—
(1) It is the intent of the Legislature to recognize and honor those persons, living or dead, who through their work within the tourism industry have made significant contributions to the economic climate and the well-being of the residents of this state.
(2) There is established the Florida Tourism Hall of Fame.
(a) The Florida Tourism Hall of Fame is administered by the Florida Tourism Industry Marketing Corporation without appropriation of state funds.
(b) The Department of Management Services shall set aside an area on the Plaza Level of the Capitol Building and shall consult with the Florida Tourism Industry Marketing Corporation regarding the design and theme of the area.
(c) Each person who is inducted into the Florida Tourism Hall of Fame shall have his or her name and image placed on a plaque displayed in the designated area of the Capitol Building, which plaque shall designate the member’s discipline or contribution and any vital information relating to the member.
(3) The Florida Tourism Industry Marketing Corporation shall establish selection criteria for induction into the Florida Tourism Hall of Fame and shall annually accept nominations.
(a) In selecting its nominees for submission to the board of directors of the corporation, the corporation shall give preference to tourism industry leaders who were born in Florida or adopted Florida as their home state and who have made a significant contribution to the state’s travel and tourism industry.
(b) The corporation may establish criteria and set specific timeframes for the acceptance and consideration of nominations and may establish a formal induction ceremony to coincide with the annual Governor’s Conference on Tourism.
(c) A person inducted into the Florida Tourism Hall of Fame administered by the corporation before July 1, 2014, shall remain in the Florida Tourism Hall of Fame.
History.—s. 1, ch. 2014-179.
265.0041 Florida Law Enforcement Officers’ Hall of Fame.—
(1) It is the intent of the Legislature to recognize and honor law enforcement officers, as defined in s. 943.10, who put their lives on the line for the safety and protection of the citizens of Florida through their works, service, and exemplary accomplishments during or following their service as law enforcement officers.
(2) There is established the Florida Law Enforcement Officers’ Hall of Fame.
(a) The Department of Management Services shall set aside an appropriate public area on the Plaza Level of the Capitol Building for the Florida Law Enforcement Officers’ Hall of Fame and shall consult with the Department of Law Enforcement regarding the design and theme of the area.
(b) The Department of Law Enforcement may establish, organize, and conduct a formal induction ceremony. The department shall affix the name of each law enforcement officer inducted into the Florida Law Enforcement Officers’ Hall of Fame on a plaque displayed in the designated area of the Capitol Building.
(3)(a) The Department of Law Enforcement shall annually accept nominations of law enforcement officers to be considered for induction into the Florida Law Enforcement Officers’ Hall of Fame from the Florida Police Chiefs Association, the Florida Sheriffs Association, the Florida Police Benevolent Association, the Fraternal Order of Police, and the State Law Enforcement Chiefs’ Association. Each association may submit a maximum of three nominations annually. The department shall transmit a list of no more than 10 nominees to the Governor and Cabinet, who will select up to 5 nominees to be inducted.
(b) In providing recommendations to the Governor and Cabinet, the Department of Law Enforcement shall give preference to law enforcement officers who were born in Florida or adopted Florida as their home state.
(4) The Department of Law Enforcement may establish criteria and set specific time periods for the acceptance of nominations and the selection process of nominees.
(5) The Department of Law Enforcement shall adopt rules to implement this section.
History.—s. 1, ch. 2014-192.
265.005 Florida Holocaust Memorial.—
(1) It is the intent of the Legislature to recognize and commemorate the millions of people, including six million Jews, murdered by the Nazis and their collaborators before and during World War II in Europe and to honor the survivors of the Holocaust through the establishment of the Florida Holocaust Memorial.
(2) There is established the Florida Holocaust Memorial.
(a) The memorial is administered by the Department of Management Services.
(b) The Department of Management Services shall set aside an appropriate public area for the memorial on the premises of the Capitol Complex, as defined in s. 281.01, but not including the State Capital Circle Office Complex. The department shall construct and place the Florida Holocaust Memorial after it has considered the recommendations of the Florida Historical Commission as required pursuant to ss. 265.111 and 267.0612(9) and coordinated with the Division of Historical Resources of the Department of State regarding the memorial’s design and placement.
History.—s. 1, ch. 2016-191.
265.006 Florida Slavery Memorial.—
(1) It is the intent of the Legislature to recognize the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the American Colonies and to honor the nameless and forgotten men, women, and children who have gone unrecognized for their undeniable and weighty contributions to the United States.
(2) There is established the Florida Slavery Memorial.
(a) The memorial is administered by the Department of Management Services.
(b) The Department of Management Services shall develop a plan for the design, placement, and cost of the memorial. The plan shall include the designation of an appropriate public area for the memorial on the premises of the Capitol Complex, as defined in s. 281.01, not including the State Capital Circle Office Complex. The department shall consider the recommendations of the Florida Historical Commission as required pursuant to ss. 265.111 and 267.0612(9) and shall coordinate with the Division of Historical Resources of the Department of State in developing the plan. The department shall submit the plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
History.—s. 1, ch. 2018-31.
265.007 Arthur G. Dozier School for Boys Memorial.—
(1) It is the intent of the Legislature to memorialize the boys who lived and died at the Arthur G. Dozier School for Boys, including the victims of the 1914 dormitory fire.
(2) There is established the Arthur G. Dozier School for Boys Memorial at two locations, one of which shall be located in Tallahassee, and one of which shall be located in Jackson County.
(3) The memorials shall be administered by the Department of Management Services.
(4)(a) The Department of Management Services shall designate an appropriate public area for the Arthur G. Dozier School for Boys Memorial in Tallahassee, on the premises of the Capitol Complex, as defined in s. 281.01, not including the State Capital Circle Office Complex. The department shall consider recommendations by the Florida Historical Commission as required pursuant to ss. 265.111 and 267.0612(9), coordinate with the Division of Historical Resources of the Department of State regarding the design and placement of the memorial, and consider recommendations by former students of the Arthur G. Dozier School for Boys regarding the design of the memorial.
(b) The Department of Management Services, in consultation with the Division of State Lands of the Department of Environmental Protection and the Jackson County Administrator, shall designate an appropriate public area for the Arthur G. Dozier School for Boys Memorial in Jackson County. The department shall coordinate with the Division of Historical Resources of the Department of State regarding the design and placement of the memorial, and consider recommendations by former students of the Arthur G. Dozier School for Boys regarding the design of the memorial.
(5) The Department of Management Services may adopt rules necessary to implement this section.
History.—s. 3, ch. 2017-69.
265.008 POW-MIA Vietnam Veterans Bracelet Memorial.—
(1) It is the intent of the Legislature to memorialize the sacrifices and experiences of those captured or missing in combat during the Vietnam War era.
(2) There is established the POW-MIA Vietnam Veterans Bracelet Memorial.
(3) The memorial shall be funded and administered by the Big Bend Chapter 96 of the Vietnam Veterans of America, without appropriation of state funds.
(4) By July 1, 2022, the Department of Management Services shall identify and make an appropriate public area available for the construction and the placement of the POW-MIA Vietnam Veterans Bracelet Memorial in Tallahassee, along South Monroe Street and on or near the premises of the Capitol Complex. The department shall consider recommendations by the Vietnam Veterans of America, and the Florida Historical Commission as required pursuant to ss. 265.111(2) and 267.0612(9), regarding the monument’s design and placement. In addition, the department shall coordinate with the Division of Historical Resources of the Department of State in determining the monument’s design and placement as required under s. 265.111(2).
History.—s. 1, ch. 2021-174.
265.111 Capitol Complex; monuments.—
(1) For purposes of this section, the term “monument” means a permanent structure such as a marker, statue, sculpture, plaque, or other artifice, including living plant material, placed in remembrance or recognition of a significant person or event in Florida history. The term does not include any “Official Florida Historical Marker” as defined in s. 267.021.
(2) The construction and placement of a monument on the premises of the Capitol Complex, as defined in s. 281.01, is prohibited unless authorized by general law and unless the design and placement of the monument is approved by the Department of Management Services after considering the recommendations of the Florida Historical Commission, pursuant to s. 267.0612(9). The Department of Management Services shall coordinate with the Division of Historical Resources of the Department of State regarding a monument’s design and placement subject to the division’s powers and duties under s. 267.031.
(3) The Department of Management Services, in consultation with the Florida Historical Commission, shall set aside an area of the Capitol Complex, not including the State Capital Circle Office Complex, and dedicate a memorial garden on which authorized monuments shall be placed. The memorial garden must include a monument in remembrance of the 241 members of the United States Armed Forces who lost their lives on October 23, 1983, in Beirut, Lebanon.
History.—s. 2, ch. 2014-126; s. 1, ch. 2015-151.
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 Arts and Culture Act; short title.—Sections 265.281-265.703 may be cited as the “Florida Arts and Culture Act.”
History.—s. 1, ch. 80-319; s. 3, ch. 2009-72; s. 4, ch. 2021-71.
265.282 Legislative intent.—The Legislature recognizes the vast cultural resources available in Florida for the development, promotion, and enjoyment of arts and culture. It is the intent of the Legislature to provide state support for, and to gain national and international recognition of, the efforts, works, and performances of Florida artists, art agencies, museums, and nonprofit organizations. Furthermore, the Legislature shall foster and ensure, through the state arts administrative agency programs authorized in this act, that arts and culture have a significant and positive effect on Florida residents.
History.—s. 1, ch. 80-319; s. 4, ch. 2009-72.
265.283 Definitions.—The following definitions shall apply to ss. 265.281-265.703:
(1) “Arts and cultural disciplines” include, but are not limited to, music, dance, theatre, creative writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts, visual arts, programs of museums, and other such allied, major art forms.
(2) “Arts in education grants” means grants used to cultivate the learning and artistic development of all students and teachers by promoting, encouraging, and supporting arts and culture as an integral part of education and lifelong learning for residents and visitors.
(3) “Council” means the Florida Council on Arts and Culture.
(4) “Cultural support grants” means grants that provide support for general programs and specific cultural projects.
(5) “Culture Builds Florida grants” means grants used for the purpose of connecting the arts to key areas of the division’s long-term strategic plan.
(6) “Department” means the Department of State.
(7) “Director” means the Director of the Division of Arts and Culture of the Department of State.
(8) “Division” means the Division of Arts and Culture of the Department of State.
(9) “Folklife” means the traditional expressive culture shared within the various groups in Florida: familial, ethnic, occupational, religious, and regional. Expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, and handicraft, which forms are generally learned orally, by imitation, or in performance and are maintained or perpetuated without formal instruction or institutional direction.
(10) “Historical museum” means a department or agency of state or local government or a public or private nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting educational programs that are related to the historical resources of Florida.
(11) “Local arts agency” means a public or private nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of strengthening, supporting, and stabilizing the activities of one or more county art and cultural constituencies.
(12) “Panel” means a grant review panel.
(13) “Science museum” means a public or private nonprofit organization located in Florida and 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.
(14) “Secretary” means the Secretary of State.
(15) “State service organization” means a public or private nonprofit organization located in Florida operating on a permanent basis for the primary purpose of implementing programs that have cultural significance and that emphasize American creativity and the maintenance and encouragement of professional excellence.
(16) “State touring program grants” means grants used to provide performances, activities, and exhibitions by Florida artists to communities.
(17) “Underserved arts community assistance program grants” means grants used by qualified organizations under the Rural Economic Development Initiative, pursuant to ss. 288.0656 and 288.06561, for the purpose of economic and organizational development for underserved cultural organizations.
(18) “Youth and children’s museum” means a public or private nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting multidisciplinary and participatory programs for visitors who are 6 months to 15 years old, and their families, teachers, and caregivers.
History.—s. 1, ch. 80-319; s. 1, ch. 81-127; s. 8, ch. 90-267; s. 5, ch. 2009-72; s. 5, ch. 2021-71.
265.284 Chief cultural officer; director of division; powers and duties.—
(1) The Secretary of State is the chief cultural officer of the state.
(2) The division is the state arts administrative agency and shall be headed by a director who shall serve at the pleasure of the secretary.
(3) The division shall directly administer and oversee all of the programs authorized by this act. In furtherance thereof, the division shall:
(a) Accept and administer state and federal funds appropriated by the Legislature or funds received from other public or private sources.
(b) Advance funds for grants on a quarterly basis.
(c) Enter into agreements for awarding grants or other 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.
(d) Upon 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 the interior of 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 may be received from the disposal of any donations of property, art objects, or antiquities, which shall be deposited into the Grants and Donations Trust Fund and are hereby appropriated for use by the division for the purposes authorized in this act.
(f) Sponsor performances and exhibits; promote and encourage the study and appreciation of arts and culture; and collect, publish, and print pamphlets, papers, newsletters, and other materials related to arts and cultural programs available throughout the state.
(g) Conduct and support cultural programs and cultural exchanges by coordinating with the appropriate state agencies and other organizations.
(h) Accept funding and other forms of support for the purposes in this act.
(i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter into contracts to insure museum collections, artifacts, relics, and fine arts to which it holds title or which are on loan to the division.
(j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection.
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; s. 6, ch. 2009-72; s. 2, ch. 2010-20.
265.285 Florida Council on Arts and Culture; membership, duties.—
(1)(a) The Florida Council on Arts and Culture is created within the department as an advisory body, as defined in s. 20.03(7), consisting 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 beginning on January 1 of the year of appointment. Council members appointed by the President of the Senate and the Speaker of the House of Representatives shall be appointed for 2-year terms beginning on January 1 of the year of appointment. A member of the council who serves two 4-year terms or two 2-year terms is not eligible for reappointment for 1 year 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, literature, and media arts, or in the areas of science, history, or children’s museums. 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 division, 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) Members of the council and panels may 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.
(d) 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.
(e) 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 council shall:
(a) Advocate for arts and culture by encouraging the study and presentation of arts and cultural activities that are of public interest and encourage participation in such activities throughout the state.
(b) Advise the secretary in matters pertaining to arts and cultural programs and grants administered by the division.
(c) Encourage the participation in and appreciation of arts and culture to meet the needs and aspirations of persons in all parts of the state.
(d) Encourage public interest in the state’s cultural heritage and expand its cultural resources.
(e) Encourage and assist freedom of artistic expression that is essential for the well-being of the arts.
(f) Advise the secretary in matters concerning the awarding of grants for arts and culture as authorized in this act.
(g) Promote the reading, writing, and appreciation of poetry throughout the state and accept nominations and recommend nominees for appointment as the State Poet Laureate under s. 265.2863.
(h) 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; s. 2, ch. 2006-111; s. 7, ch. 2009-72; s. 1, ch. 2014-203.
265.286 Art and cultural grants.—
(1) The secretary may appoint review panels consisting of members from various art and cultural disciplines and programs to assist the council in the grant review process. Each panel member shall be appointed to a 1-year term. Each panel shall consist of practicing artists or other professionals actively involved in the specific discipline or program for which the panel has been appointed. Each panel shall review and score grant applications and recommend to the council the applicants to which grants should be awarded. The panels shall submit lists of eligible applicants by score. The division shall adopt rules establishing a formula for such scoring.
(2) The council and each panel shall provide a forum for public comment before voting on any grant application.
(3) After the council reviews the lists of eligible applicants submitted by each review panel, it shall develop two lists, one of which must consist of eligible applicants for general program support funding and one of which must consist of eligible applicants for specific cultural project funding, and submit the lists to the secretary. The secretary shall review the council’s recommendations and, beginning July 1, 2010, include the lists of approved applicants in the department’s legislative budget request submitted to the Legislature.
(4) Project grants shall be funded from the secretary’s approved list by score until all appropriated funds are depleted. If specific project grant funds are returned to the division, it shall award such funds to the next grant applicant on the secretary’s list of approved applicants. General program support grants shall be awarded to applicants on the secretary’s list in amounts determined by rule.
(5) The division shall fund:
(a) Grants for general program support for science museums, youth and children’s museums, historical museums, local arts agencies, state service organizations, and organizations that have cultural program activities in any of the art and cultural disciplines defined in s. 265.283.
(b) Grants for specific cultural projects for arts in education, museums, Culture Builds Florida, or nonprofit public or private organizations having cultural project activity in any of the art and cultural disciplines.
(c) Grants for a touring program that has a selection procedure that ensures the maximum opportunity for Florida artists and cultural groups.
(d) An individual artist fellowship program. The division shall establish a selection procedure that identifies individual artists of exceptional talent and demonstrated ability and distribute grant appropriations as provided by rule.
(e) Other programs consistent with the purpose of this act.
(6) The division shall adopt rules establishing:
(a) Eligibility criteria for the award of grants, which may include, but need not be limited to, application requirements, program quality, artistic quality, creativity, potential public exposure and benefit, the ability to properly administer grant funds, professional excellence, fiscal stability, state or regional impact, matching requirements, and other requirements to further the purposes of this act.
(b) Particular grant programs, categories of grants, and procedures necessary for the prudent administration of the grant programs.
(c) The panel review process, including, but not limited to, criteria for reviewing grant applications to ensure compliance with applicable federal and state law, including those related to discrimination and conflicts of interest. The division may not award any new grant that will, in whole or in part, inure to the personal benefit of any council or review panel member during the member’s term of office if the council or panel member participated in the vote of the council or panel recommending the award. This paragraph does not prohibit the division from awarding a grant to an entity with which a council or panel member is associated.
(7) The division shall award grants:
(a) To supplement the financial support of artistic and cultural activities and programs that, without the assistance, may otherwise be unavailable to Florida residents.
(b) To activities and programs that have substantial artistic and cultural significance and emphasize creativity and professional excellence.
(c) To activities and programs that meet the professional standards or standards of authenticity of significant merit, regardless of origin.
(d) For other reasons consistent with this act.
(8) Eligible grantees must:
(a) Be a nonprofit, tax-exempt Florida corporation; or
(b) A local or state governmental entity, school district, community college, college, university, agency of state government, or artist engaged in or concerned with arts and cultural activities.
(9) In order to equitably distribute limited state funding, applicants may apply for and be awarded only one grant per annual grant cycle, except for cultural facilities, a cultural endowment, or touring program grants and individual artist fellowships.
(10) Of the total amount of grant funds available from all sources for grants, except cultural facilities and cultural endowments, 70 percent shall be awarded on at least a dollar-to-dollar matching basis. Up to 50 percent of the grantee’s match may consist of in-kind funds. Up to 30 percent of all grant funds may be awarded on a nonmatching basis, including individual fellowships.
(11) The division shall adopt rules to administer and implement this section.
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; s. 8, ch. 2009-72; s. 6, ch. 2021-71.
265.2863 State Poet Laureate.—
(1) The honorary position of State Poet Laureate is created within the Department of State.
(2) The Florida Council on Arts and Culture, in accordance with procedures adopted by the department, shall solicit and accept nominations for appointment as the State Poet Laureate. The council shall solicit nominations from a broad array of literary sources and members of the public.
(a) The council shall recommend at least five nominees to the Secretary of State, each of whom must be:
1. A permanent resident of this state;
2. A public literary poet who has significant standing inside and outside the state; and
3. Willing and physically able to perform the duties of the State Poet Laureate as prescribed by the department, which may include, but are not limited to, engaging in outreach and mentoring for the benefit of schools and communities throughout the state and performing readings of his or her own poetry, as requested.
(b) From among the nominees recommended by the council, the Secretary of State shall submit three nominees to the Governor, who shall appoint one nominee as the State Poet Laureate.
(3) The State Poet Laureate shall serve a term of 4 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(4) Each of the state’s poets laureate appointed before July 1, 2014, and each State Poet Laureate appointed under this section shall be designated a State Poet Laureate Emeritus or State Poet Laureate Emerita in recognition of his or her service to the state upon the appointment of his or her successor.
(5) The State Poet Laureate and each State Poet Laureate Emeritus or State Poet Laureate Emerita shall serve without compensation.
(6) The department may adopt rules to administer this section.
History.—s. 2, ch. 2014-203.
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 Council on Arts and Culture 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 Council on Arts and Culture 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 Arts and Culture 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, 1and selecting members of the Florida Artists Hall of Fame and providing travel expenses for such recipients. Notwithstanding 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; s. 40, ch. 2010-5; s. 7, ch. 2021-71.
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 Council on Arts and Culture 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; s. 41, ch. 2010-5.
265.601 Cultural Endowment Program; short title.—Sections 265.601-265.606 may be cited as the “Cultural Endowment Program.”
History.—s. 1, ch. 85-152; s. 2, ch. 96-386; s. 38, ch. 2014-17.
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. 265.601-265.606 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; s. 39, ch. 2014-17.
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 Council on Arts and Culture 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.
(5) The $240,000 state matching fund endowment for each individual endowment shall revert to the General Revenue Fund if any of the following events occurs:
(a) The recipient sponsoring organization is no longer able to manage an endowment.
(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; s. 3, ch. 2006-111; s. 42, ch. 2010-5.
265.701 Cultural facilities; grants for acquisition, renovation, or construction; funding; approval; allocation.—
(1) The Division of Arts and Culture 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 Council on Arts and Culture 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 Arts and Culture shall adopt rules prescribing the criteria to be applied by the Florida Council on Arts and Culture in recommending applications for the award of grants and rules providing for the administration 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; s. 43, ch. 2010-5; s. 8, ch. 2021-71.
265.7015 Confidentiality of certain donor information; publicly owned performing arts centers.—
(1) As used in this section, the term “publicly owned performing arts center” means a facility consisting of at least 200 seats, owned and operated by a county, municipality, or special district, which is used and occupied to promote development of any or all of the performing, visual, or fine arts or any or all matters relating thereto and to encourage and cultivate public and professional knowledge and appreciation of the arts.
(2) If a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center desires to remain anonymous, information that would identify the name, address, or telephone number of that donor or prospective donor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.—s. 1, ch. 2012-12; s. 1, ch. 2017-68.
265.703 Citizen support organizations; use of state administrative services and property; audit.—
(1) CITIZEN SUPPORT ORGANIZATIONS.—The division may support the establishment of citizen support organizations to provide assistance, funding, and promotional support for the cultural, arts, historical, and museum 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 Grants and Donations 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 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; s. 2, ch. 2008-199; s. 11, ch. 2014-96; s. 10, ch. 2017-5; s. 5, ch. 2019-93; s. 10, ch. 2021-71.
265.802 Florida Folklife Programs.—It is the duty and responsibility of the division to:
(1) Identify, research, interpret, and present Florida folk arts, artists, performers, folklore, traditions, customs, and cultural heritage and make folk cultural resources and folklife projects available throughout the state. The division shall compile, edit, publish, and print directories, books, articles, pamphlets, and other folklife materials to disseminate information about folk cultural resources. The division may sponsor conferences, workshops, festivals, lectures, and exhibitions on Florida folklife and promote the folk cultural resources of the state.
(2) Adopt rules necessary to carry out its duties and responsibilities with respect to such programs; enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies necessary to carry out its duties; and seek and accept gifts, grants, bequests, loans, and endowments for purposes consistent with its responsibilities.
(3) Adopt rules by which it may advance or reimburse travel and per diem expenses, in the amount and manner provided in s. 112.061, to folklife informants and participants in the Florida Folklife Programs.
(4) Employ a state folklorist, and such other folklorists as deemed necessary, who shall possess such qualifications as the division may prescribe. The state folklorist shall serve at the pleasure of the division director and shall have his or her duties prescribed by the division director.
History.—s. 5, ch. 79-322; s. 3, ch. 81-124; s. 33, ch. 86-163; s. 2, ch. 89-63; s. 98, ch. 90-360; s. 181, ch. 95-148; s. 126, ch. 96-406; s. 2, ch. 98-266; s. 19, ch. 2005-207; s. 17, ch. 2021-71.
Note.—Former s. 265.137; s. 267.16.
265.803 Florida Folklife Council.—
(1)(a) The Florida Folklife Council is created as a part of the Department of State, to consist of seven members appointed by the Secretary of State. The Secretary of State shall appoint each member for a 4-year term and shall appoint a successor for each member within 90 days after the expiration of the member’s term. The Secretary of State shall fill any vacancy for the remainder of the unexpired term within 90 days after the vacancy occurs. Members shall be appointed to provide geographical, ethnic, and professional representation on the council.
(b) The council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the division, or at such times as may be prescribed by its rules. The council shall annually elect from its membership a chair and vice chair. No member may be elected to consecutive terms as chair.
(c) Members of the council shall serve without compensation or honorarium, but shall be entitled to receive reimbursement for per diem and travel expenses incurred in the performance of their duties as provided in s. 112.061.
(d) All actions taken by the council must be by majority vote of those present. The division director or the director’s designee shall serve without voting rights as secretary of the council. The division must provide necessary staff assistance to the council.
(2) The council shall:
(a) Advise and assist the division and the state folklorist with respect to folk arts, folklife, and the following goals of the Florida Folklife Programs:
1. The stimulation and encouragement of statewide public interest and participation in folk arts and folklore; and
2. The development and promotion of Florida folk artists, performers, festivals, folklife projects, and folk resources.
(b) Recommend to the division and the state folklorist projects for the identification, collection, and preservation of Florida folklore, folk arts, traditions, cultural heritage, skills, and customs and make these resources available throughout the state.
(c) Assist the state folklorist in developing proposals and grant applications to fund projects of the Florida Folklife Programs.
History.—s. 4, ch. 79-322; ss. 2, 5, ch. 81-124; ss. 1, 4, ch. 82-46; s. 2, ch. 83-265; s. 32, ch. 86-163; ss. 1, 2, 3, ch. 90-11; s. 5, ch. 91-429; s. 182, ch. 95-148; s. 18, ch. 2021-71.
Note.—Former s. 265.136; s. 267.161.