House Bill hb0987c1
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    Florida House of Representatives - 2001              CS/HB 987
        By the Committee on Tourism and Representatives Rubio,
    Trovillion, Allen, Justice, Davis, Bullard, Cantens, Barreiro,
    Heyman and Prieguez
  1                      A bill to be entitled
  2         An act relating to grants administered by the
  3         Division of Cultural Affairs; creating s.
  4         265.702, F.S.; authorizing the Division of
  5         Cultural Affairs of the Department of State to
  6         accept and administer funds to provide grants
  7         for acquiring, renovating, or constructing
  8         regional cultural facilities; providing for
  9         eligibility; requiring the Florida Arts Council
10         to review grant applications; requiring the
11         council to submit an annual list to the
12         Secretary of State; requiring the updating of
13         information submitted by an applicant that is
14         carried over from a prior year; providing
15         definitions; providing standards for matching
16         state funds; limiting the maximum amounts of
17         grants; granting rulemaking authority to the
18         division; amending s. 265.286, F.S.; expanding
19         eligibility criteria for the challenge grant
20         program; providing match requirements;
21         prohibiting participation by any programs
22         operated in state-owned cultural facilities not
23         affiliated with the State University System;
24         providing an effective date.
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26  Be It Enacted by the Legislature of the State of Florida:
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28         Section 1.  Section 265.702, Florida Statutes, is
29  created to read:
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    Florida House of Representatives - 2001              CS/HB 987
    177-265-01
  1         265.702  Regional cultural facilities; grants for
  2  acquisition, renovation, or construction; funding; approval;
  3  allocation.--
  4         (1)  The Division of Cultural Affairs of the Department
  5  of State may accept and administer moneys that are
  6  appropriated to it for providing grants to counties,
  7  municipalities, and qualifying nonprofit corporations for the
  8  acquisition, renovation, or construction of regional cultural
  9  facilities.
10         (2)  A county, municipality, or qualified corporation
11  may apply for a grant of state funds for the acquisition,
12  renovation, or construction of a regional cultural facility.
13  As used in this section, the term "qualified corporation"
14  means a corporation that is designated as a not-for-profit
15  corporation pursuant to s. 501(c)(3) or s. 501(c)(4) of the
16  Internal Revenue Code, that is described in and allowed to
17  receive contributions under s. 170 of the Internal Revenue
18  Code, and that is a corporation not for profit incorporated
19  under chapter 617.
20         (3)  Any entity that owns an interest in the land upon
21  which a regional cultural facility is located or is to be
22  located must meet the requirements set forth in subsection
23  (2). A state grant awarded under this section must be matched
24  by a contribution from the county, municipality, or nonprofit
25  corporation in an amount equal to $2 for each $1 awarded under
26  this section.
27         (4)  The Florida Arts Council shall review each
28  application for a grant to acquire, renovate, or construct a
29  regional cultural facility which is submitted pursuant to
30  subsection (2) and shall submit annually to the Secretary of
31  State for approval a list of all applications received and a
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    Florida House of Representatives - 2001              CS/HB 987
    177-265-01
  1  list of all projects that are recommended by the council for
  2  the award of grants, arranged in order of priority. The
  3  division may allocate grants only for regional cultural
  4  facilities that are approved by the secretary or for which
  5  funds are appropriated by the Legislature. Regional cultural
  6  facilities that are approved and recommended by the Secretary
  7  of State but are not funded by the Legislature shall be
  8  retained on the project list for the following grant cycle
  9  only. For each project that is retained, such information as
10  the department requires must be submitted by the established
11  deadline date of the latest grant cycle, in order to
12  adequately reflect the most current status of the regional
13  cultural facility.
14         (5)  As used in this section, the term "regional
15  cultural facility" means an existing or proposed fixed
16  facility that is primarily engaged in cultural programs and
17  that:
18         (a)  Has educational programs of excellence and
19  facilities, space, and staff dedicated to the development and
20  delivery of such cultural programs;
21         (b)  Presents cultural programs or exhibits which are
22  of national or international renown or reputation;
23         (c)  Has, within a 150-mile radius of the facility, a
24  service area that includes regular attendees, clients, or
25  program participants; and
26         (d)  Has a documented proposed acquisition, renovation,
27  or construction cost of at least $50 million.
28         (6)  With respect to the matching funds required under
29  subsection (3):
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    Florida House of Representatives - 2001              CS/HB 987
    177-265-01
  1         (a)  In-kind contributions of goods or services may be
  2  counted toward 50 percent of the required match; however, any
  3  such in-kind contribution:
  4         1.  Must be documented and valued at the fair-market
  5  value to the facility;
  6         2.  Must directly relate to the facility's acquisition,
  7  renovation, or construction; and
  8         3.  Must not be in the form of a lease.
  9         (b)  Documented expenditures made for project purposes
10  during the 3 years immediately preceding the award of a grant
11  may be used.
12         (7)  The annual amount of a grant made under this
13  section may not exceed the lesser of $2.5 million or 10
14  percent of the total costs of the regional cultural facility.
15  The total amount of the grants awarded to a regional cultural
16  facility in a 5-year period may not exceed the lesser of $10
17  million or 10 percent of the total costs of a regional
18  cultural facility. The total cost of a regional cultural
19  facility must be calculated with respect to the primary scope
20  of the original proposal as submitted under this section and
21  may not include the cost of any additions that change the
22  scope of the regional cultural facility, such as additional
23  facilities or significant design alterations.
24         (8)  The Division of Cultural Affairs may adopt rules
25  pursuant to ss. 120.536(1) and 120.54 prescribing the criteria
26  to be applied to applications for grants and rules providing
27  for the administration of this section.
28         Section 2.  Subsection (4) of section 265.286, Florida
29  Statutes, is amended to read:
30         265.286 Art grants award by Division of Cultural
31  Affairs.--
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    Florida House of Representatives - 2001              CS/HB 987
    177-265-01
  1         (4)  The division is authorized to develop and conduct
  2  a challenge grant program available to cultural institutions
  3  or groups of institutions that which have local, regional, or
  4  statewide impact. Challenge grants shall be made for not less
  5  than $10,000; and matching moneys must be on at least a basis
  6  of 1 to 1 for local projects, 2 to 1 for regional projects,
  7  and 3 to 1 for state or capital projects, with the institution
  8  providing the higher amount in the ratio.  Any programs
  9  operated in state-owned cultural facilities not affiliated
10  with the State University System shall not be eligible to
11  participate in the challenge grant program.  The division
12  shall by rule establish the specific eligibility and matching
13  criteria for such grants. Separate funding for this program
14  shall be provided by the Legislature.
15         Section 3.  This act shall take effect July 1, 2001.
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