Senate Bill sb0004c1

    Florida Senate - 2007                              CS for SB 4

    By the Committee on Governmental Operations; and Senators
    Crist, Joyner, Jones and Alexander




    585-2290-07

  1                      A bill to be entitled

  2         An act relating to the designation of official

  3         state orchestras; creating s. 265.2867, F.S.;

  4         providing criteria for designation as an

  5         "Official Orchestra of the State of Florida";

  6         requiring the Florida Arts Council to review

  7         applications for and make designation

  8         recommendations to the Secretary of State;

  9         providing requirements for retaining the

10         designation; requiring the Secretary of State

11         to make designations and to remove designations

12         under certain circumstances; authorizing the

13         Division of Cultural Affairs of the Department

14         of State to adopt rules; providing an effective

15         date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 265.2867, Florida Statutes, is

20  created to read:

21         265.2867  Official state orchestras.--

22         (1)  Any professional symphonic orchestra performing

23  for the general public and domiciled within the state may

24  apply for designation as an "Official Orchestra of the State

25  of Florida" and shall be designated as such if the orchestra

26  meets the following criteria:

27         (a)  Has been in existence and continually performing

28  concerts within the state for at least 20 years preceding

29  designation;

30         (b)  Employees at least 75 full-time professional

31  musicians;

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                              CS for SB 4
    585-2290-07




 1         (c)  Regularly participates in community outreach

 2  through education and other outreach programs, at least 50

 3  percent of which must be integrated into public school

 4  district curricula;

 5         (d)  Conducts within the state at least 100

 6  performances each calendar year, consisting of any combination

 7  of performances by the full orchestra and smaller specialized

 8  performances by members of the full orchestra;

 9         (e)  Is either a Tier One or Tier Two orchestra as

10  designated by the American Symphony Orchestra League;

11         (f)  Has an annual operating budget of at least $7.5

12  million; and

13         (g)  Regularly broadcasts live performances on radio or

14  television stations in the state.

15         (2)(a)  The Florida Arts Council shall accept

16  applications annually for designation as an Official Orchestra

17  of the State of Florida. The council shall recommend to the

18  Secretary of State those orchestras meeting the criteria for

19  designation under this section.

20         (b)  In order to retain designation as an Official

21  Orchestra of the State of Florida, the professional symphonic

22  orchestra must continue to meet the designation criteria and

23  to annually certify its compliance to the council. Upon

24  review, if the council determines that the professional

25  symphonic orchestra is not in compliance, the council shall

26  recommend to the Secretary of State that the designation be

27  withdrawn.

28         (3)  The Secretary of State shall designate as an

29  Official Orchestra of the State of Florida any professional

30  symphonic orchestra recommended by the Florida Arts Council as

31  meeting the criteria of this section and shall remove such

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    Florida Senate - 2007                              CS for SB 4
    585-2290-07




 1  designation when the professional symphonic orchestra is no

 2  longer in compliance with designation criteria.

 3         (4)  The Division of Cultural Affairs of the Department

 4  of State may adopt rules pursuant to ss. 120.536(1) and 120.54

 5  necessary to carry out the purposes of this section,

 6  including, but not limited to, procedures for accepting

 7  applications for designation under this section, review of

 8  applications, recommendation and designation, annual

 9  certification and review, and removal of designation.

10         Section 2.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                          Senate Bill 4

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16  Establishes a process by which any Tier One or Tier Two
    orchestra in the state that meets specified criteria may be
17  designated as an official orchestra of the state.

18  Authorizes the Division of Cultural Affairs of the Department
    of State to adopt rules to implement.
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CODING: Words stricken are deletions; words underlined are additions.