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A bill to be entitled

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An act relating to the designation of official state

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orchestras; creating s. 265.2867, F.S.; providing criteria

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for designation as an "Official Orchestra of the State of

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Florida"; requiring the Florida Arts Council to review

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applications for and make designation recommendations to

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the Secretary of State; providing requirements for

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retaining the designation; requiring the Secretary of

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State to make designations and to remove designations

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under certain circumstances; authorizing the Division of

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Cultural Affairs of the Department of State to adopt

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rules; providing an effective date.

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

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     Section 1.  Section 265.2867, Florida Statutes, is created

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to read:

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     265.2867 Official state orchestras.--

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     (1) Any professional symphonic orchestra performing for the

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public and domiciled within the state may apply for designation

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as an "Official Orchestra of the State of Florida" and shall be

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designated as such if the orchestra meets the following criteria:

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     (a) Has been in existence and continually performing

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concerts within the state for at least 20 years preceding

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designation;

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     (b) Employs a full compliment of professional musicians

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capable of performing the standard symphonic repertoire;

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     (c) Regularly performs a significant number of outreach

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concerts, including outreach programs that are integrated into

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the curricula of the public school district;

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     (d) Conducts within the state at least 100 performances

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each calendar year which consist of any combination of

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performances by the full orchestra and smaller specialized

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performances by members of the full orchestra;

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     (e) Is a Tier One or Tier Two orchestra as designated by

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the American Symphony Orchestra League;

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

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million; and

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     (g) Performs live broadcasts on radio and television from

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time to time.

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

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annually for designation as an Official Orchestra of the State of

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Florida. The council shall recommend to the Secretary of State

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those orchestras meeting the criteria for designation under this

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section.

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

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of the State of Florida, the professional symphonic orchestra

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must continue to meet the designation criteria and annually

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certify its compliance to the council. Upon review, if the

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council determines that the professional symphonic orchestra is

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not in compliance, the council shall recommend to the Secretary

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of State that the designation be withdrawn.

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

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Orchestra of the State of Florida any professional symphonic

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orchestra recommended by the Florida Arts Council as meeting the

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criteria of this section and shall remove such designation when

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the professional symphonic orchestra is no longer in compliance

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with designation criteria.

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

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

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necessary to carry out the purposes of this section, including,

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but not limited to, procedures for accepting applications for

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designation under this section, review of applications,

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recommendation and designation, annual certification and review,

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and removal of designation.

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