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

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  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

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  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

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  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

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  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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