HB 5017

1	A bill to be entitled
2	An act relating to the Department of State; amending s.
3	265.281, F.S.; renaming the Florida Fine Arts Act of 1980
4	as the Florida Arts and Culture Act; amending s. 265.282,
5	F.S.; revising legislative intent to include the promotion
6	of activities involving arts and culture and support for
7	museums and nonprofit organizations; amending s. 265.283,
8	F.S.; revising and providing definitions; amending s.
9	265.284, F.S.; revising the responsibilities of the
10	Division of Cultural Affairs to administer funds, sponsor
11	events encouraging art and cultural programs, and enter
12	into certain contracts and agreements; providing
13	rulemaking authority; amending s. 265.285, F.S.; renaming
14	the Florida Arts Council as the Florida Council on Arts
15	and Culture; revising membership criteria; providing for
16	the council to meet at the request of the division;
17	deleting provisions relating to the appointment and
18	responsibilities of review panels; revising duties of the
19	council; amending s. 265.286, F.S.; authorizing the
20	Secretary of State to appoint review panels representing
21	arts and cultural disciplines and programs to assist the
22	council in the grant review process; providing terms and
23	responsibilities of panel members; requiring that the
24	council review grant application lists; requiring the
25	secretary to review the council's recommendations and
26	submit approved lists to the Legislature at a certain
27	time; establishing procedures for the awarding and funding
28	of grants; providing funding authority to the division for
29	certain programs and areas; requiring the division to
30	establish rules for eligibility criteria, grant programs,
31	and the panel review process; providing purposes for which
32	the division shall award grants; establishing eligibility
33	requirements for grantees; limiting grant awards to one
34	recipient per grant cycle; providing exceptions; providing
35	a formula for the distribution of matching and nonmatching
36	funds and permitting certain in-kind funds; amending s.
37	679.527, F.S.; providing for the termination of a contract
38	for administrative and operational functions for the
39	Florida Secured Transaction Registry upon a certain date;
40	providing that the department shall perform the duties of
41	filing officer and filing office; amending ss. 255.043,
42	265.2865, 265.32, 265.606, 265.701, and 679.5011, F.S.;
43	conforming provisions; repealing ss. 265.2861, 265.2862,
44	265.289, 265.608, 265.609, 265.702, and 265.708, F.S.,
45	relating to the Cultural Institutions Program and the
46	Cultural Institutions Trust Fund, general support program
47	for cultural institutions, audit information and admission
48	fees for state theater contract organizations, science
49	museums and grants, youth and children's museums and
50	grants, regional cultural facilities, and historical
51	museum grants; providing effective dates.
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  Section 265.281, Florida Statutes, is amended
56	to read:
57	265.281  Florida Fine Arts and Culture Act; short
58	title.--Sections 265.281-265.709 265.281-265.286 shall be known
59	and may be cited as the "Florida Fine Arts and Culture Act of
60	1980."
61	Section 2.  Section 265.282, Florida Statutes, is amended
62	to read:
63	265.282  Legislative intent.--The Legislature recognizes
64	the vast cultural resources available in this the state for the
65	development, promotion, and enjoyment of the fine arts and
66	culture. It is the intent of the Legislature by enactment of
67	this legislation to provide for maximum efficiency in providing
68	state support for, and gaining national and international
69	recognition of, the efforts, works, and performances of Florida
70	artists and art agencies, museums, and nonprofit organizations.
71	Furthermore, it is the intent of the Legislature shall to foster
72	and ensure, through the state arts administrative agency,
73	programs authorized by this act created hereunder, the
74	development of a receptive climate for the fine arts; to enrich
75	culturally and benefit the citizens of this state in their daily
76	lives; to make Florida visits and vacations all the more
77	appealing to the world; and to attract to Florida residency
78	additional outstanding creators in the fields of fine arts
79	through appropriate programs of publicity, education,
80	coordination, grants, and activities, such as sponsorship of art
81	lectures and exhibitions and central compilation and
82	dissemination of information on the progress of the fine arts in
83	Florida.
84	Section 3.  Section 265.283, Florida Statutes, is amended
85	to read:
86	265.283  Definitions relating to Florida Fine Arts Act of
87	1980.--As used in ss. 265.281-265.709, the term The following
88	definitions shall apply to ss. 265.281-265.286:
89	(1)  "Arts and cultural disciplines" includes, but is not
90	limited to, music, dance, theatre, creative writing, literature,
91	architecture, painting, sculpture, folk arts, photography,
92	crafts, media arts, visual arts, programs of museums, and other
93	such allied, major art forms.
94	(2)  "Arts in Education grant" means a grant the purpose of
95	which is to cultivate the learning and artistic development of
96	all students and teachers by promoting, encouraging, and
97	supporting arts and culture as an integral part of education and
98	lifelong learning for the citizens of and visitors to this
99	state.
100	(3)(1)  "Council" means the Florida Arts Council on Arts
101	and Culture.
102	(4)  "Cultural Support grant" means a grant that provides
103	for general program support and specific cultural projects.
104	(5)  "Culture Builds Florida grant" means a grant the
105	purpose of which is to connect the arts to key areas of the
106	division's long-term strategic plan.
107	(6)(2)  "Department" means the Department of State.
108	(7)(3)  "Director" means the Director of the Division of
109	Cultural Affairs of the Department of State.
110	(8)(4)  "Division" means the Division of Cultural Affairs
111	of the Department of State.
112	(9)  "Historical museum" means a department or agency of
113	state or local government, or a public or private nonprofit
114	organization, located in this state and operating on a permanent
115	basis for the primary purpose of sponsoring, producing, and
116	exhibiting educational programs that are related to the
117	historical resources of this state.
118	(10)  "Local arts agency" means a public or private
119	nonprofit organization located in this state and operating on a
120	permanent basis for the primary purpose of strengthening,
121	supporting, and stabilizing the activities of one or more county
122	art and cultural constituencies.
123	(11)(5)  "Panel" means a grant review panel.
124	(12)  "Science museum" means a public or private nonprofit
125	organization located in this state and operating on a permanent
126	basis for the primary purpose of sponsoring, producing, and
127	exhibiting programs for the observation and study of various
128	types of natural science and science technology.
129	(13)(6)  "Secretary" means the Secretary of State.
130	(14)  "State service organization" means a public or
131	private nonprofit organization located in this state and
132	operating on a permanent basis for the primary purpose of
133	implementing programs that have substantial cultural
134	significance, giving emphasis to American creativity and the
135	maintenance and encouragement of professional excellence.
136	(15)  "Touring Program grant" means a grant the purpose of
137	which is to provide performances, activities, and exhibitions by
138	Florida artists to Florida communities.
139	(16)  "Underserved Arts Community Assistance Program grant"
140	means a grant awarded to a qualified organization under the
141	Rural Economic Development Initiative, pursuant to ss. 288.0656
142	and 288.06561, for the purpose of economic and organizational
143	development of underserved cultural organizations.
144	(17)  "Youth and children's museum" means a public or
145	private nonprofit organization located in this state and
146	operating on a permanent basis for the primary purpose of
147	sponsoring, producing, and exhibiting multidisciplinary,
148	participatory programs oriented toward visitors ages 6 months
149	through 15 years and their families, teachers, and caregivers.
150	(7)  "The arts" means any and all artistic disciplines,
151	which include, but are not limited to, music, dance, drama,
152	theater programs, creative writing, literature, architecture,
153	painting, sculpture, folk arts, photography, crafts, and public
154	media, and the execution and exhibition of other such allied,
155	major art forms.
156	Section 4.  Section 265.284, Florida Statutes, is amended
157	to read:
158	265.284  Chief cultural officer; director of division;
159	powers and duties.--
160	(1)  The Secretary of State is the chief cultural officer
161	of this the state, and the Division of Cultural Affairs is
162	designated as the state arts administrative agency.
163	(2)  The division is the state arts administrative agency
164	and of Cultural Affairs of the Department of State shall be
165	headed by a director, who shall serve at the pleasure of the
166	secretary of State.
167	(3)  The division of Cultural Affairs shall have direct
168	administrative authority and responsibility for all of the
169	programs authorized by this act. In furtherance thereof, the
170	division shall have the authority to:
171	(a)  Accept and administer state and federal funds
172	appropriated by the Legislature or those funds received from
173	other public or private sources provided for the fine arts, the
174	grants, and any program authorized by this act.
175	(b)  Advance funds for grants on a quarterly basis.
176	(c)(b)  Subject to the approval of the Secretary of State,
177	Enter into grant award agreements or other such contracts with
178	any person, firm, performing arts company, educational
179	institution, arts organization, corporation, or governmental
180	agency as may be necessary or advisable to carry out its
181	functions under this act.
182	(c)  Seek, and help assure, a uniformity of artwork within
183	state buildings and review all art content of existing public
184	buildings or buildings of state ownership for the purpose of
185	making recommendations to the Department of Management Services
186	as to matters of installation, relocation, restoration, removal,
187	or any other disposition of such works of art.
188	(d)  Upon On request, or at its own initiative, consult
189	with and advise other individuals, groups, organizations, or
190	state agencies and officials, particularly the Governor and the
191	Cabinet, concerning the acquisition by gift or purchase of fine
192	art works, the appropriate use and display of state-owned art
193	treasures for maximum public benefit, and the suitability of any
194	structures or fixtures, including framing, primarily intended
195	for ornamental or decorative purposes in the interior of public
196	buildings.
197	(e)  Accept on behalf of the state donations of money,
198	property, art objects, and antiquities. Such donations of money
199	and any cash income which may be received by the division or
200	which were previously received by the Florida Fine Arts Council
201	from the disposal of any donations of property, art objects, or
202	antiquities. These amounts shall be deposited into the Florida
203	Fine Arts a separate Trust Fund and are hereby appropriated for
204	to the use by of the division for the purposes authorized by of
205	this act.
206	(f)  Sponsor performances and exhibits; promote and
207	encourage the study and appreciation of arts and culture; and
208	collect, publish, and print pamphlets, papers, newsletters, and
209	other materials related to arts and cultural programs available
210	throughout the state.
211	(g)  Conduct and support cultural programs and cultural
212	exchanges in conjunction with the appropriate state agencies and
213	other organizations, including the acceptance of funding and
214	other forms of support for such purposes.
215	(h)  Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
216	into contracts to insure museum collections, artifacts, relics,
217	and fine arts to which it holds title or that are on loan to the
218	division.
219	(i)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
220	implement provisions of law conferring duties on the division.
221	(4)  There is created the Florida Fine Arts Trust Fund,
222	which shall to be administered by the department and of State
223	for the purposes set forth by law. The Florida Fine Arts Trust
224	Fund shall consist of moneys appropriated by the Legislature or
225	and moneys contributed to the fund from any other source.
226	(5)  The division is further authorized to:
227	(a)  Accept and administer moneys appropriated by the
228	Legislature, and moneys received from the Federal Government or
229	from other public or private sources, for the development of
230	nationally recognized Florida performing arts groups through a
231	state touring program. The division shall develop and establish
232	a selection procedure which will ensure maximum opportunity for
233	selection of and participation by Florida performing arts groups
234	in the state touring program.
235	(b)  Sponsor performances and exhibits; promote and
236	encourage the study and appreciation of fine arts; and collect,
237	publish, and print pamphlets, papers, newsletters, and other
238	materials relating to fine arts programs available throughout
239	the state.
240	(c)  Conduct and support cultural programs and cultural
241	exchanges in conjunction with the appropriate state agencies,
242	including the acceptance of funding, technical assistance, and
243	other forms of support for such purposes.
244	(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
245	implement provisions of law conferring duties on it.
246	(6)  Notwithstanding any provision of s. 287.022 or s.
247	287.025(1)(e), the division may enter into contracts to insure
248	museum collections, artifacts, relics, and fine arts to which it
249	holds title.
250	Section 5.  Section 265.285, Florida Statutes, is amended
251	to read:
252	265.285  Florida Arts Council on Arts and Culture;
253	membership, duties.--
254	(1)(a)  The Florida Arts Council on Arts and Culture is
255	created within in the department as an advisory body, as defined
256	in s. 20.03(7), to consist of 15 members. Seven members shall be
257	appointed by the Governor, four members shall be appointed by
258	the President of the Senate, and four members shall be appointed
259	by the Speaker of the House of Representatives. The
260	appointments, to be made in consultation with the Secretary of
261	State, shall recognize the need for geographical representation.
262	Council members appointed by the Governor shall be appointed for
263	4-year terms beginning on January 1 of the year of appointment.
264	Council members appointed by the President of the Senate and the
265	Speaker of the House of Representatives shall be appointed for
266	2-year terms beginning on January 1 of the year of appointment.
267	A member of the council who serves two 4-year terms or two 2-
268	year terms is not eligible for reappointment for 1 year
269	following the expiration of the member's second term. A member
270	whose term has expired shall continue to serve on the council
271	until such time as a replacement is appointed. Any vacancy on
272	the council shall be filled for the remainder of the unexpired
273	term in the same manner as for the original appointment. Members
274	should have a substantial history of community service in the
275	performing or visual arts, which includes, but is not limited
276	to, theatre, dance, folk arts, music, architecture, photography,
277	and literature, media arts, visual arts, and museums. In
278	addition, it is desirable that members have successfully served
279	on boards of cultural institutions such as museums and
280	performing arts centers or are recognized as patrons of the
281	arts.
282	(b)  The members shall elect a chair from their number
283	annually. The council shall meet at the call of its chair, at
284	the request of the division department, or at such times as may
285	be prescribed by its rules. A majority of the members of the
286	council constitutes a quorum, and a meeting may not be held with
287	less than a quorum present. The affirmative vote of a majority
288	of the members of the council present is necessary for any
289	official action by the council.
290	(c)  The Secretary of State may appoint review panels
291	representing various artistic disciplines to assist the Florida
292	Arts Council in the grant review process. Review panel members
293	shall serve for 1-year terms. Each panel shall include
294	practicing artists or other persons actively involved in the
295	specific discipline for which the panel is to review grants. The
296	panels shall review grant applications and make recommendations
297	to the council concerning the relative merits of the applicants.
298	The division shall, by rule, establish criteria for reviewing
299	grant applications to ensure compliance with applicable federal
300	and state laws relating to discrimination and conflicts of
301	interest.
302	(d)  The council and panels shall provide a forum for
303	public comment prior to voting on any art grant application.
304	(c)(e)  Members of the council and panels shall not receive
305	any compensation for their services but shall be reimbursed for
306	travel and expenses incurred in the performance of their duties,
307	as provided in s. 112.061.
308	(d)(f)  If a member of the council is absent from two
309	consecutive meetings or any two regularly scheduled meetings in
310	any calendar year, the council member's appointment shall be
311	terminated unless the original appointing authority determines
312	that extenuating circumstances exist.
313	(e)(g)  The original appointing authority may remove any of
314	his or her appointees from the council for misconduct or
315	malfeasance in office, neglect of duty, incompetence, or
316	permanent inability to perform official duties or if there has
317	been an adjudication that the member is guilty of a felony.
318	(2)  The duties of the council shall be to:
319	(a)  Advocate for arts and culture by stimulating and
320	encouraging throughout the state the study and presentation of
321	arts and cultural activities that are of public interest and
322	encourage participation in those activities.
323	(b)(a)  Advise the secretary of State in all matters
324	pertaining to arts and cultural art, specifically with respect
325	to any programs and grants administered operated by the division
326	department as authorized hereunder.
327	(b)  Stimulate and encourage throughout the state the study
328	and presentation of the arts and public interest and
329	participation therein.
330	(c)  Make such surveys as may be advisable of public and
331	private institutions which are engaged within the state in
332	artistic and cultural activities.
333	(c)(d)  Encourage the participation in and appreciation of
334	the arts and culture to meet the needs and aspirations of
335	persons in all parts of the state.
336	(d)(e)  Encourage public interest in the cultural heritage
337	of this state and expand the cultural resources of this the
338	state.
339	(e)(f)  Encourage and assist freedom of artistic
340	expression, which is essential for the well-being of the arts.
341	(f)(g)  Advise the secretary of State in all matters
342	concerning the awarding of grants for the arts as authorized by
343	under this act.
344	(h)  Promote the enhancement and beautification of the
345	interiors of the Capitol Building and other public buildings and
346	advise appropriate state officers, state agencies, and the
347	Department of Management Services in this regard.
348	(g)(i)  Review grant applications for grants for the
349	acquisition, renovation, or construction of cultural facilities
350	and recommend a priority for the receipt of such grants, as
351	provided in s. 265.701.
352	Section 6.  Section 265.286, Florida Statutes, is amended
353	to read:
354	(Substantial rewording of section. See
355	s. 265.286, F.S., for present text.)
356	265.286  Art and cultural grants.--
357	(1)  The secretary may appoint review panels representing
358	various arts and cultural disciplines and programs to assist the
359	council in the grant review process. Review panel members shall
360	serve for 1-year terms. Each panel shall include practicing
361	artists or other professionals actively involved in the specific
362	discipline or program for which the panel is to review grants.
363	Panel members shall review and score grant applications and
364	recommend grant awards to the council by submitting lists of
365	eligible grant applicants, arranged in order of priority by
366	score. Scoring shall be by formula set forth in rule by the
367	division.
368	(2)  The council and panels shall provide a forum for
369	public comment prior to voting on any grant application.
370	(3)  The council shall review the recommended grant
371	application lists submitted by the review panels. It shall
372	separate the applications that it recommends to the secretary
373	for funding into two lists, arranged in order by score, for
374	general program support funding and for specific cultural
375	project funding. The secretary shall review the council's
376	recommendations and, beginning July 1, 2010, submit the lists of
377	approved grant applications to the Legislature in the
378	department's legislative budget request.
379	(4)  Project grants shall be funded from the secretary's
380	approved list, in the order of score, until all appropriated
381	funds are depleted. When specific project grant funds are
382	returned to the division, the division shall award those funds
383	to the next grant applicant on the secretary's approved project
384	grants list. General program support grants shall be awarded to
385	applicants on the secretary's approved list in amounts to be
386	determined by rule.
387	(5)  The division may fund the following grant program
388	areas and adopt rules related thereto:
389	(a)  General program support for science museums, youth and
390	children's museums, historical museums, local arts agencies,
391	state service organizations, and organizations with cultural
392	program activity in any of the arts and cultural disciplines.
393	(b)  Specific cultural projects for arts in education,
394	museums, Culture Builds Florida, or nonprofit public or private
395	organizations with cultural project activity in any of the arts
396	and cultural disciplines.
397	(c)  A touring program with a selection procedure that will
398	ensure maximum opportunity for Florida artists and cultural
399	groups.
400	(d)  An individual artist fellowship program with a
401	selection procedure that will identify individual artists of
402	exceptional talent and demonstrated ability. The division shall
403	distribute grant appropriations as set forth by rule.
404	(e)  Other programs consistent with the purposes of this
405	act.
406	(6)  Consistent with the requirements of this act, the
407	division shall also establish rules regarding:
408	(a)  Eligibility criteria for the award of grants, which
409	may include application requirements, program quality, artistic
410	quality, creativity, potential public exposure and benefit,
411	ability to properly administer grant funds, professional
412	excellence, fiscal stability, state or regional impact, matching
413	requirements, and such other requirements to further the
414	purposes of this act.
415	(b)  Particular grant programs, categories of grants, and
416	procedures necessary for the prudent administration of the grant
417	programs.
418	(c)  The panel review process, including criteria for
419	reviewing grant applications to ensure compliance with
420	applicable federal and state law, including those related to
421	discrimination and conflicts of interest. The division may not
422	award any new grant that will, in whole or in part, inure to the
423	personal benefit of any council or review panel member during
424	that member's term of office if the council or panel member
425	participated in the vote of the council or panel recommending
426	the award. This subsection does not prohibit the division from
427	awarding a grant to an entity with which a council or panel
428	member is associated.
429	(7)  The division shall award grants:
430	(a)  To supplement the financial support of artistic and
431	cultural activities and programs that, without grant assistance,
432	may otherwise be unavailable to citizens of this state.
433	(b)  To those activities and programs that have substantial
434	artistic and cultural significance, giving emphasis to
435	creativity and the maintenance and encouragement of professional
436	excellence.
437	(c)  To those activities and programs meeting professional
438	standards or standards of authenticity of significant merit,
439	regardless of origin.
440	(d)  For other purposes consistent with this act.
441	(8)  An eligible grantee shall be a nonprofit, tax-exempt
442	Florida corporation; local or state governmental entity; school
443	district, community college, college, or university; agency of
444	state government; or artist engaged in or concerned with arts
445	and cultural activities.
446	(9)  In order to equitably distribute limited state
447	funding, grant applicants may only apply for and be awarded one
448	grant per annual grant cycle, except for cultural facilities,
449	cultural endowments, touring program grants, and individual
450	artist fellowships.
451	(10)  Of the total amount of grant funds available from all
452	sources for grants, except cultural facilities and cultural
453	endowments, 70 percent shall be awarded on at least a dollar-
454	for-dollar matching basis. Up to 50 percent of the grantee's
455	match may consist of in-kind funds. Up to 30 percent of all
456	grant funds may be awarded on a nonmatching basis, including
457	individual fellowships.
458	Section 7.  Effective upon this act becoming a law, section
459	679.527, Florida Statutes, is amended to read:
460	679.527  Florida Secured Transaction Registry.--
461	(1)  As used in this section, the term:
462	(a)  The "Florida Secured Transaction Registry" or
463	"registry" means the centralized database in which all initial
464	financing statements, amendments, assignments, and other
465	statements of change authorized to be filed under this chapter
466	are filed, maintained, and retrieved. The term does not apply to
467	documents that are filed under this chapter with the clerk of a
468	circuit court.
469	(b)  "Department" means the Department of State.
470	(c)  "Materials and records" includes, but is not limited
471	to databases, source or object codes, and any software relating
472	to the Florida Secured Transaction Registry or other filing
473	system for centralized filing under this chapter, regardless of
474	the original source of its creation or maintenance.
475	(2)  Under chapter 287, the department has the authority to
476	determine and select the most qualified respondents to the
477	request for qualifications and to negotiate and enter into one
478	or more contracts as provided in this section. The contract may
479	not be assignable or otherwise transferable without the express
480	written consent of the department, notwithstanding any
481	limitations imposed by s. 679.4061 or s. 679.4081.
482	(3)  The department shall perform the duties, as filing
483	officer and filing office under this chapter, for the Florida
484	Secured Transaction Registry until October 1, 2001, or until the
485	effective date of a contract executed by the department to
486	administer and operate the registry for the performance of these
487	duties, whichever occurs later. At that time, the department
488	shall cease serving as the designated filing officer and filing
489	office for the registry under this chapter, and thereafter,
490	except to the extent the department may reclaim those duties as
491	provided below, the department shall not be responsible for the
492	performance of the duties of the filing office or officer under
493	this chapter, including determining whether documents tendered
494	for filing under this chapter satisfy the requirements of law.
495	The department shall retain authority under this chapter to
496	approve the forms required to be filed under this chapter. If
497	authorized by the contract with the department, the entity
498	performing the duties of the filing office may certify a copy of
499	a financing statement, or an amendment thereto, which shall be
500	admissible in a state or federal court or in a proceeding before
501	any other tribunal.
502	(2)(4)  Notwithstanding The terms and conditions of any
503	contract to perform the administrative and operational functions
504	of the filing office or filing officer under this part for the
505	Florida Secured Transaction Registry shall terminate on June 30,
506	2009. Beginning July 1, 2009, the department shall perform the
507	administrative and operational functions of the filing office or
508	filing officer under this part for the Florida Secured
509	Transaction Registry. The department and the state shall retain
510	sole and exclusive ownership of the materials and records of the
511	registry, shall have the right to inspect and make copies of the
512	materials and records of the registry, and shall have the right
513	to immediately reclaim and take possession and control of the
514	original materials and records of the registry if any entity
515	under contract with the department to administer and operate the
516	registry does not, or cannot, perform the terms and conditions
517	of the contract for any reason or commences or is adjudicated a
518	debtor in an insolvency proceeding. If the department reclaims
519	control of the materials and records of the registry, the
520	department shall provide for the uninterrupted fulfillment of
521	the duties of the filing office and filing officer under this
522	chapter by administration and operation by the department until
523	a subsequent contract for such duties can be executed. The
524	department shall be entitled to injunctive relief if the entity
525	fails to turn over the materials and records upon demand, and
526	the Circuit Court for Leon County, Florida, shall have exclusive
527	original jurisdiction to adjudicate any disputes pertaining to
528	this section or any contract entered into under this section.
529	(5)  The Department of State shall immediately develop and
530	issue a Request for Qualifications seeking capable entities to
531	perform both the duties currently being performed by the
532	department as a filing officer and filing office under this
533	chapter.
534	(a)  The qualifications shall, at a minimum, provide for
535	the organization and maintenance of the Florida Secured
536	Transaction Registry as the centralized Uniform Commercial Code
537	filing and retrieval system, which:
538	1.  Is comparable and compatible with the department's
539	existing filing system.
540	2.  Is open to the public and accessible through the
541	Internet, to permit the review of all existing filings of the
542	department and all future filings in the registry, in compliance
543	with chapter 119.
544	3.  Provides for oversight and compliance audits by the
545	department.
546	4.  Requires records maintenance in compliance with this
547	chapter and chapter 119.
548	5.  Maintains the current level of filing fees and
549	procedures for the deposit of revenues with the department as
550	specified in chapter 15, net of operating costs, for a period of
551	5 years.
552	(b)  The Department of State shall develop performance
553	standards to ensure that the Florida Secured Transaction
554	Registry is accurate and complete and that the users thereof are
555	being well-served. Periodically, the department shall verify
556	that these performance standards are being met or modified as
557	may be needed from time to time.
558	Section 8.  Subsection (2) of section 255.043, Florida
559	Statutes, is amended to read:
560	255.043  Art in state buildings.--
561	(2)  The Department of Management Services or other state
562	agencies receiving appropriations for original constructions
563	shall notify the Florida Arts Council on Arts and Culture and
564	the user agency of any construction project which is eligible
565	under the provisions of this section. The Department of
566	Management Services or other state agency shall determine the
567	amount to be made available for purchase or commission of works
568	of art for each project and shall report these amounts to the
569	Florida Arts Council on Arts and Culture and the user agency.
570	Payments therefor shall be made from funds appropriated for
571	fixed capital outlay according to law.
572	Section 9.  Paragraph (a) of subsection (2) and subsection
573	(3) of section 265.2865, Florida Statutes, are amended to read:
574	265.2865  Florida Artists Hall of Fame.--
575	(2)(a)  There is hereby created the Florida Artists Hall of
576	Fame. The Florida Arts Council on Arts and Culture shall
577	identify an appropriate location in the public area of a
578	building in the Capitol Center that is under the jurisdiction of
579	the Department of Management Services, which location shall be
580	set aside by the department and designated as the Florida
581	Artists Hall of Fame.
582	(3)  The Florida Arts Council on Arts and Culture shall
583	accept nominations annually for persons to be recommended as
584	members of the Florida Artists Hall of Fame. The council shall
585	recommend to the Secretary of State persons to be named as
586	members of the Florida Artists Hall of Fame. The council shall
587	recommend as members of the Florida Artists Hall of Fame persons
588	who were born in Florida or adopted Florida as their home state
589	and base of operation and who have made a significant
590	contribution to the enhancement of the arts in this state.
591	Section 10.  Paragraph (f) of subsection (7) of section
592	265.32, Florida Statutes, is amended to read:
593	265.32  County fine arts council.--
594	(7)  COUNCIL MEETINGS; PUBLIC HEARINGS; COMMITTEES AND
595	ADVISERS; REPORTS; RULES.--
596	(f)  The county arts council may, from time to time and at
597	any time, submit to the Florida Arts Council on Arts and Culture
598	a report summarizing its activities and setting forth any
599	recommendations it considers appropriate, including
600	recommendations with respect to present or proposed legislation
601	concerning state encouragement and support of the arts.
602	Section 11.  Paragraph (c) of subsection (1) of section
603	265.606, Florida Statutes, is amended to read:
604	265.606  Cultural Endowment Program; administration;
605	qualifying criteria; matching fund program levels;
606	distribution.--
607	(1)  To be eligible for receipt of state matching funds,
608	the local sponsoring organization shall meet all of the
609	following criteria:
610	(c)  Be designated a cultural sponsoring organization by
611	the department, if recommended by the Florida Arts Council on
612	Arts and Culture to the Secretary of State pursuant to the
613	procedures contained in s. 265.285.
614	Section 12.  Subsections (3) and (5) of section 265.701,
615	Florida Statutes, are amended to read:
616	265.701  Cultural facilities; grants for acquisition,
617	renovation, or construction; funding; approval; allocation.--
618	(3)  The Florida Arts Council on Arts and Culture shall
619	review each application for a grant to acquire, renovate, or
620	construct a cultural facility which is submitted pursuant to
621	subsection (2) and shall submit annually to the Secretary of
622	State for approval lists of all applications that are
623	recommended by the council for the award of grants, arranged in
624	order of priority. The division may allocate grants only for
625	projects that are approved or for which funds are appropriated
626	by the Legislature. Projects approved and recommended by the
627	Secretary of State which are not funded by the Legislature shall
628	be retained on the project list for the following grant cycle
629	only. All projects that are retained shall be required to submit
630	such information as may be required by the department as of the
631	established deadline date of the latest grant cycle in order to
632	adequately reflect the most current status of the project.
633	(5)  The Division of Cultural Affairs shall adopt rules
634	prescribing the criteria to be applied by the Florida Arts
635	Council on Arts and Culture in recommending applications for the
636	award of grants and rules providing for the administration of
637	the other provisions of this section.
638	Section 13.  Subsection (2) of section 679.5011, Florida
639	Statutes, is amended to read:
640	679.5011  Filing office.--
641	(2)  The office in which to file a financing statement to
642	perfect a security interest in collateral, including fixtures,
643	of a transmitting utility is the Office of the Secretary of
644	State, or the filing office authorized by s. 679.527 to accept
645	filings for the Florida Secured Transaction Registry. The
646	financing statement also constitutes a fixture filing as to the
647	collateral indicated in the financing statement which is or is
648	to become fixtures.
649	Section 14.  Sections 265.2861, 265.2862, 265.289, 265.608,
650	265.609, 265.702, and 265.708, Florida Statutes, are repealed.
651	Section 15.  Except as otherwise expressly provided in this
652	act, this act shall take effect July 1, 2009.

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