Florida Senate - 2021 SB 1404
By Senator Hooper
1 A bill to be entitled
2 An act relating to cultural and historical programs;
3 creating s. 15.0455, F.S.; designating the Museum of
4 Florida History as the official state history museum;
5 amending s. 15.18, F.S.; providing that the Secretary
6 of State shall be known as “Florida’s Chief Arts and
7 Culture Officer”; conforming a provision to changes
8 made by the act; amending s. 20.10, F.S.; renaming the
9 Division of Cultural Affairs as the Division of Arts
10 and Culture; amending s. 265.281, F.S.; conforming
11 provisions to changes made by the act; reordering and
12 amending s. 265.283, F.S.; conforming provisions to
13 changes made by the act; defining the term “folklife”;
14 amending s. 265.286, F.S.; conforming a cross
15 reference; amending ss. 265.2865 and 265.701, F.S.;
16 conforming provisions to changes made by the act;
17 repealing s. 265.7025, F.S., relating to definitions
18 relating to historic programs; amending s. 265.703,
19 F.S.; conforming provisions to changes made by the
20 act; repealing ss. 265.704, 265.705, 265.706, and
21 265.709, F.S., relating to historical museums and
22 powers and duties of the Division of Cultural Affairs,
23 state policy relative to historical properties,
24 objects of historical or archaeological value, and
25 publications, respectively; reordering and amending s.
26 267.021, F.S.; deleting the definition of the term
27 “folklife”; defining the term “historical museum”;
28 amending s. 267.071, F.S.; revising the duties of the
29 Division of Historical Resources; transferring,
30 renumbering, and amending s. 265.707, F.S.;
31 transferring certain responsibilities from the
32 Division of Cultural Affairs to the Division of
33 Historical Resources; revising provisions relating to
34 the Museum of Florida History museum store, the
35 establishment and operation of a certain nonprofit
36 organization or association, and the deposit of
37 certain funds; transferring, renumbering, and amending
38 s. 265.565, F.S.; defining the term “abandoned
39 property”; removing the requirement that a museum
40 inform a lender of certain provisions in certain
41 circumstances; revising publication requirements for a
42 termination of loan notice; providing for the
43 disposition of abandoned property; amending s.
44 267.115, F.S.; revising the duties of the Division of
45 Historical Resources relating to objects of historical
46 or archaeological value; transferring and renumbering
47 ss. 267.16 and 267.161, F.S., relating to Florida
48 Folklife Programs and the Florida Folklife Council,
49 respectively; amending ss. 258.081, 468.401, and
50 553.902, F.S.; conforming provisions and cross
51 references to changes made by the act; amending
52 chapter 2020-88, Laws of Florida; conforming a
53 provision to changes made by the act; providing an
54 effective date.
56 Be It Enacted by the Legislature of the State of Florida:
58 Section 1. Section 15.0455, Florida Statutes, is created to
60 15.0455 Official state history museum.—The Museum of
61 Florida History, located in Tallahassee, is hereby designated as
62 the official state history museum.
63 Section 2. Section 15.18, Florida Statutes, is amended to
65 15.18 International and cultural relations.—The Divisions
66 of Arts and Culture
Cultural Affairs, Historical Resources, and
67 Library and Information Services of the Department of State
68 promote programs having substantial cultural, artistic, and
69 indirect economic significance that emphasize American
70 creativity. The Secretary of State, as the head administrator of
71 these divisions, shall hereafter be known as “Florida’s Chief
72 Arts and Culture Cultural Officer.” As this officer, the
73 Secretary of State is encouraged to initiate and develop
74 relationships between the state and foreign cultural officers,
75 their representatives, and other foreign governmental officials
76 in order to promote Florida as the center of American
77 creativity. The Secretary of State shall coordinate
78 international activities pursuant to this section with
79 Enterprise Florida, Inc., and any other organization the
80 secretary deems appropriate. For the accomplishment of this
81 purpose, the Secretary of State shall have the power and
82 authority to:
83 (1) Disseminate any information pertaining to the State of
84 Florida which promotes the state’s cultural assets.
85 (2) Plan and carry out activities designed to cause
86 improved cultural and governmental programs and exchanges with
87 foreign countries.
88 (3) Plan and implement cultural and social activities for
89 visiting foreign heads of state, diplomats, dignitaries, and
90 exchange groups.
91 (4) Encourage and cooperate with other public and private
92 organizations or groups in their efforts to promote the cultural
93 advantages of Florida.
94 (5) Serve as the liaison with all foreign consular and
95 ambassadorial corps, as well as international organizations,
96 that are consistent with the purposes of this section.
97 (6) Provide, arrange, and make expenditures for the
98 achievement of any or all of the purposes specified in this
100 Section 3. Paragraph (e) of subsection (2) of section
101 20.10, Florida Statutes, is amended to read:
102 20.10 Department of State.—There is created a Department of
104 (2) The following divisions of the Department of State are
106 (e) Division of Arts and Culture Cultural Affairs.
107 Section 4. Section 265.281, Florida Statutes, is amended to
109 265.281 Florida Arts and Culture Act; short title.—Sections
110 265.281-265.703 Sections 265.281-265.709 may be cited as the
111 “Florida Arts and Culture Act.”
112 Section 5. Section 265.283, Florida Statutes, is reordered
113 and amended to read:
114 265.283 Definitions.—The following definitions shall apply
115 to ss. 265.281-265.703 ss. 265.281-265.709:
116 (3) (1) “Council” means the Florida Council on Arts and
118 (6) (2) “Department” means the Department of State.
119 (7) (3) “Director” means the Director of the Division of
120 Arts and Culture Cultural Affairs of the Department of State.
121 (8) (4) “Division” means the Division of Arts and Culture
122 Cultural Affairs of the Department of State.
123 (12) (5) “Panel” means a grant review panel.
124 (14) (6) “Secretary” means the Secretary of State.
125 (1) (7) “Arts and cultural disciplines” include, but are not
126 limited to, music, dance, theatre, creative writing, literature,
127 architecture, painting, sculpture, folk arts, photography,
128 crafts, media arts, visual arts, programs of museums, and other
129 such allied, major art forms.
130 (11) (8) “Local arts agency” means a public or private
131 nonprofit organization located in Florida and operating on a
132 permanent basis for the primary purpose of strengthening,
133 supporting, and stabilizing the activities of one or more county
134 art and cultural constituencies.
135 (10) (9) “Historical museum” means a department or agency of
136 state or local government or a public or private nonprofit
137 organization located in Florida and operating on a permanent
138 basis for the primary purpose of sponsoring, producing, and
139 exhibiting educational programs that are related to the
140 historical resources of Florida.
141 (13) (10) “Science museum” means a public or private
142 nonprofit organization located in Florida and operating on a
143 permanent basis for the primary purpose of sponsoring,
144 producing, and exhibiting programs for the observation and study
145 of various types of natural science and science technology.
146 (18) (11) “Youth and children’s museum” means a public or
147 private nonprofit organization located in Florida and operating
148 on a permanent basis for the primary purpose of sponsoring,
149 producing, and exhibiting multidisciplinary and participatory
150 programs for visitors who are 6 months to 15 years old, and
151 their families, teachers, and caregivers.
152 (15) (12) “State service organization” means a public or
153 private nonprofit organization located in Florida operating on a
154 permanent basis for the primary purpose of implementing programs
155 that have cultural significance and that emphasize American
156 creativity and the maintenance and encouragement of professional
158 (2) (13) “Arts in education grants” means grants used to
159 cultivate the learning and artistic development of all students
160 and teachers by promoting, encouraging, and supporting arts and
161 culture as an integral part of education and lifelong learning
162 for residents and visitors.
163 (4) (14) “Cultural support grants” means grants that provide
164 support for general programs and specific cultural projects.
165 (16) (15) “State touring program grants” means grants used
166 to provide performances, activities, and exhibitions by Florida
167 artists to communities.
168 (17) (16) “Underserved arts community assistance program
169 grants” means grants used by qualified organizations under the
170 Rural Economic Development Initiative, pursuant to ss. 288.0656
171 and 288.06561, for the purpose of economic and organizational
172 development for underserved cultural organizations.
173 (5) (17) “Culture Builds Florida grants” means grants used
174 for the purpose of connecting the arts to key areas of the
175 division’s long-term strategic plan.
176 (9) “Folklife” means the traditional expressive culture
177 shared within the various groups in Florida: familial, ethnic,
178 occupational, religious, and regional. Expressive culture
179 includes a wide range of creative and symbolic forms, such as
180 custom, belief, technical skill, language, literature, art,
181 architecture, music, play, dance, drama, ritual, pageantry, and
182 handicraft, which forms are generally learned orally, by
183 imitation, or in performance and are maintained or perpetuated
184 without formal instruction or institutional direction.
185 Section 6. Paragraph (a) of subsection (5) of section
186 265.286, Florida Statutes, is amended to read:
187 265.286 Art and cultural grants.—
188 (5) The division shall fund:
189 (a) Grants for general program support for science museums,
190 youth and children’s museums, historical museums, local arts
191 agencies, state service organizations, and organizations that
192 have cultural program activities in any of the art and cultural
193 disciplines defined in s. 265.283 s. 265.283(7).
194 Section 7. Subsection (6) of section 265.2865, Florida
195 Statutes, is amended to read:
196 265.2865 Florida Artists Hall of Fame.—
197 (6) The Division of Arts and Culture Cultural Affairs of
198 the Department of State shall adopt rules necessary to carry out
199 the purposes of this section, including, but not limited to,
200 procedures for accepting nominations to, making recommendations
201 for, selecting members of the Florida Artists Hall of Fame, and
202 providing travel expenses for such recipients. Notwithstanding
203 the provisions of s. 112.061, the Secretary of State may approve
204 first-class travel accommodations for recipients of the Florida
205 Artists Hall of Fame award and their representatives for health
206 or security purposes.
207 Section 8. Subsections (1) and (5) of section 265.701,
208 Florida Statutes, are amended to read:
209 265.701 Cultural facilities; grants for acquisition,
210 renovation, or construction; funding; approval; allocation.—
211 (1) The Division of Arts and Culture Cultural Affairs may
212 accept and administer moneys appropriated to it for providing
213 grants to counties, municipalities, and qualifying nonprofit
214 corporations for the acquisition, renovation, or construction of
215 cultural facilities.
216 (5) The Division of Arts and Culture Cultural Affairs shall
217 adopt rules prescribing the criteria to be applied by the
218 Florida Council on Arts and Culture in recommending applications
219 for the award of grants and rules providing for the
220 administration of the other provisions of this section.
221 Section 9. Section 265.7025, Florida Statutes, is repealed.
222 Section 10. Subsection (3) of section 265.703, Florida
223 Statutes, is amended to read:
224 265.703 Citizen support organizations; use of state
225 administrative services and property; audit.—
226 (3) ANNUAL AUDIT.—The citizen support organization shall
227 provide for an annual financial audit in accordance with s.
228 215.981. Information of the Museum of Florida History citizen
229 support organization which is confidential and exempt pursuant
230 to s. 267.17 shall retain its confidential and exempt status.
231 Section 11. Section 265.704, Florida Statutes, is repealed.
232 Section 12. Section 265.705, Florida Statutes, is repealed.
233 Section 13. Section 265.706, Florida Statutes, is repealed.
234 Section 14. Section 265.709, Florida Statutes, is repealed.
235 Section 15. Section 267.021, Florida Statutes, is reordered
236 and amended to read:
237 267.021 Definitions.—For the purpose of this act, the term:
238 (2) (1) “Division” means the Division of Historical
239 Resources of the Department of State.
240 (1) (2) “Agency” means any state, county, or municipal
241 officer, department, division, board, bureau, commission, or
242 other separate unit of government created or established by law.
243 (5) (3) “Historic property” or “historic resource” means any
244 prehistoric or historic district, site, building, object, or
245 other real or personal property of historical, architectural, or
246 archaeological value, and folklife resources. These properties
247 or resources may include, but are not limited to, monuments,
248 memorials, Indian habitations, ceremonial sites, abandoned
249 settlements, sunken or abandoned ships, engineering works,
250 treasure trove, artifacts, or other objects with intrinsic
251 historical or archaeological value, or any part thereof,
252 relating to the history, government, and culture of the state.
253 (8) (4) “Preservation” or “historic preservation” means the
254 identification, evaluation, recordation, documentation,
255 analysis, recovery, interpretation, curation, acquisition,
256 protection, management, rehabilitation, restoration,
257 stabilization, maintenance, or reconstruction of historic
259 (6) (5) “National Register of Historic Places” means the
260 list of historic properties significant in American history,
261 architecture, archaeology, engineering, and culture, maintained
262 by the Secretary of the Interior, as established by the National
263 Historic Preservation Act of 1966, as amended.
264 (6) “Folklife” means the traditional expressive culture
265 shared within the various groups in Florida: familial, ethnic,
266 occupational, religious, and regional. Expressive culture
267 includes a wide range of creative and symbolic forms such as
268 custom, belief, technical skill, language, literature, art,
269 architecture, music, play, dance, drama, ritual, pageantry, and
270 handicraft, which forms are generally learned orally, by
271 imitation, or in performance and are maintained or perpetuated
272 without formal instruction or institutional direction.
273 (3) (7) “Florida history museum” means a public or private
274 nonprofit institution which is established permanently in this
275 state for the purpose of promoting and encouraging knowledge and
276 appreciation of Florida history through the collection,
277 preservation, exhibition, and interpretation of artifacts and
278 other historical properties related to Florida history and the
279 primary role of which is to collect and care for artifacts and
280 other objects of intrinsic historical or archaeological value
281 and exhibit them regularly through a facility or facilities
282 owned or operated by the institution.
283 (7) (8) “Official Florida Historical Marker” means any
284 marker, plaque, or similar device awarded, approved, or
285 administered by the Division of Historical Resources for the
286 purpose of recognizing and informing the general public about
287 historic properties, persons, events, and other topics relating
288 to the history and culture of the state.
289 (4) “Historical museum” means a department or an agency of
290 state or local government or a public or private nonprofit
291 organization located in Florida and operating on a permanent
292 basis for the primary purpose of sponsoring, producing, and
293 exhibiting educational programs that are related to the
294 historical resources of Florida.
295 Section 16. Subsection (2) of section 267.071, Florida
296 Statutes, is amended, and subsection (4) is added to that
297 section, to read:
298 267.071 Historical museums.—It is the duty of the division
300 (2) Encourage, promote, maintain, and operate historical
301 museums, including the Museum of Florida History, but not
302 limited to, mobile museums, and other Florida history junior
304 (4)(a) Establish professional standards for the
305 preservation, exclusive of acquisition, of each of the
306 collections under state ownership or control.
307 (b) Take such other actions as are necessary or appropriate
308 to locate, acquire, preserve, operate, interpret, and promote
309 the location, acquisition, protection, preservation, operation,
310 and interpretation of historical artifacts and resources to
311 foster an appreciation of Florida history and culture.
312 Section 17. Section 265.707, Florida Statutes, is
313 transferred, renumbered as section 267.0721, Florida Statutes,
314 and amended to read:
315 267.0721 265.707 Museum of Florida History and programs;
316 other historical museums.—
317 (1) The division is authorized to operate the Museum of
318 Florida History and other historical museums.
319 (2) The division shall establish and administer a museum
320 store for in the Museum of Florida History to provide
321 information and materials relating to Florida history, museum
322 exhibits, collections, and programs to the public and may
323 operate additional stores associated with the museum. The stores
324 store may produce, acquire, and sell craft products, clearly
325 marked replicas and reproductions of artifacts, documents, and
326 other merchandise relating to historical and cultural resources
327 and may make a reasonable charge for such merchandise. All
328 proceeds received from sales must be deposited into the Grants
329 and Donations Trust Fund, or funds in excess of the amount
330 required to pay employees involved in the direct management of
331 the museum store may be deposited into a bank account of a the
332 citizen support organization created pursuant to s. 267.17 or
333 created before July 1, 2021, pursuant to s. 265.703 and may be
334 used only to support operations of the museum stores and the
335 programs of the Museum of Florida History or other museums
336 operated by the division. The museum stores store may enter into
337 agreements and accept credit card credit-card payments as
338 compensation for goods and products sold. The division may
339 establish accounts in credit card credit-card banks for the
340 deposit of credit card credit-card sales invoices and to pay
341 discounts and service charges in connection with the use of
342 credit cards.
343 (3) The division shall support the establishment and
344 operation of a nonprofit organization or association established
345 pursuant to s. 267.17 or established before July 1, 2021,
346 pursuant to s. 265.703 to promote and encourage knowledge and
347 appreciation of Florida history and the programs of the Museum
348 of Florida History and other museums operated by the division
349 and to cooperate with historical societies and other
350 organizations to provide funding and promotional support for the
351 programs of the museum. Such organization or association may,
352 with the consent of the division, operate the museum store or
353 conduct special events and programs in the museum. All proceeds
354 must be used to support the programs of the Museum of Florida
355 History and other museums operated by the division.
356 (4) The division may shall deposit grant funding, gifts,
357 and donations for the purpose of assisting the Museum of Florida
358 History and its programs and other museums operated by the
359 division in an appropriate in the Grants and Donations trust
360 fund to be used exclusively for the benefit of programs of the
361 museum and in a manner consistent with any terms or conditions
362 agreed to by the division in accepting such grants, gifts, and
364 Section 18. Section 265.565, Florida Statutes, is
365 transferred and renumbered as section 267.0723, Florida
366 Statutes, and present paragraphs (a) through (f) of subsection
367 (2) of that section are redesignated as paragraphs (b) through
368 (g), respectively, a new paragraph (a) is added to that
369 subsection and subsection (13) is added to that section, and
370 paragraphs (a) and (b) of subsection (3), paragraph (c) of
371 subsection (5), and subsections (6) and (12) of that section are
372 amended, to read:
373 267.0723 265.565 Property loaned to or abandoned at
374 museums; obligations to lenders; notice; loan termination;
375 acquisition of title; liens; conservation or disposal.—
376 (2) DEFINITIONS.—
377 (a) “Abandoned property” means property left at or
378 delivered to a museum with no loan, deed of gift, or donation
380 (3) OBLIGATIONS OF MUSEUMS TO LENDERS.—
381 (a) For property loaned to a museum after the effective
382 date of this act, the museum shall:
383 1. Make and retain a written record containing, at a
384 minimum, the lender’s name, address, and telephone number, a
385 description of the property loaned in sufficient detail for
386 clear identification, including a description of the general
387 condition of the property at the time of the loan, the beginning
388 date of the loan, and the expiration date of the loan.
389 2. Provide the lender with a signed receipt or loan
390 agreement containing, at a minimum, the record set forth in
391 subparagraph 1.
392 3. Inform the lender of the existence of the provisions of
393 this act and Provide the lender with a copy of the provisions of
394 this act upon the lender’s request.
395 (b) Regardless of the date of a loan of property, the
396 museum shall:
397 1. Update its records if a lender informs the museum of a
398 change of address or change in ownership of property loaned, or
399 if the lender and museum negotiate a change in the duration of
400 the loan.
401 2. Inform the lender of the existence of the provisions of
402 this act When renewing or updating the records of an existing
403 loan, and provide the lender with a copy of the provisions of
404 this act upon the lender’s request.
405 (5) TERMINATION OF LOANS.—
406 (c) If the museum is unable to identify sufficient
407 information to send notice pursuant to paragraph (b), or if a
408 signed return receipt of a notice sent by certified mail
409 pursuant to paragraph (b) is not received by the museum within
410 30 days after the notice is mailed, the museum shall publish the
411 notice of termination of loan containing all the information
412 available to the museum provided in paragraph (b) on its website
413 and at least twice, 60 or more days apart, in a publication of
414 general physical or online circulation in the county in which
415 the museum is located and the county of the lender’s last known
416 address, if known.
417 (6) MUSEUM GAINING TITLE TO LOANED PROPERTY; CONDITIONS.—As
418 of the effective date of this act, a museum acquires title to
419 unclaimed property under any of the following circumstances:
420 (a) For property for which a museum provides notice to a
421 lender in accordance with paragraph (5)(b) and a signed receipt
422 is received, if the lender of the property does not contact the
423 museum within 90 days after the date notice was received.
424 (b) For property for which notice by publication is made
425 pursuant to paragraph (5)(c), if the lender or anyone claiming a
426 legal interest in the property does not contact the museum
427 within 90 days after the date of the second publication.
428 (12) LIABILITY.—If a museum applies conservation measures
429 to or disposes of a property pursuant to subsection (11), the
430 museum shall have a lien on the property and on the proceeds
431 from any disposition thereof for the costs incurred by the
432 museum, and the museum shall not be liable for injury to or loss
433 of the property if:
434 (a) The museum had a reasonable belief at the time the
435 action was taken that the action was necessary to protect the
436 property on loan or other property in the custody of the museum,
437 or that the property on loan constituted a hazard to the health
438 and safety of the public or the museum’s staff.
439 (b) The museum exercised reasonable care in the choice and
440 application of conservation measures.
441 (13) DISPOSITION OF ABANDONED PROPERTY.—A museum may keep,
442 transfer, sell, or dispose of abandoned property.
443 Section 19. Subsection (1) of section 267.115, Florida
444 Statutes, is amended to read:
445 267.115 Objects of historical or archaeological value.—The
446 division shall acquire, maintain, preserve, interpret, exhibit,
447 and make available for study objects which have intrinsic
448 historical or archaeological value relating to the history,
449 government, or culture of the state. Such objects may include
450 tangible personal property of historical or archaeological
451 value. Objects acquired under this section belong to the state,
452 and title to such objects is vested in the division.
453 (1) Notwithstanding s. 273.02, the division shall maintain
454 an adequate record of all objects in its custody which have a
455 historical or archaeological value. Once each year, on July 1 or
456 as soon thereafter as practicable, the division shall take a
457 complete inventory of all such objects in its custody the value
458 or cost of which is $1,000 $500 or more and a sample inventory
459 of such objects the value or cost of which is less than $1,000
460 $500. Each inventory shall be compared with the property record,
461 and all discrepancies shall be traced and reconciled. Objects of
462 historical or archaeological value are not required to be
463 identified by marking or other physical alteration of the
465 Section 20. Section 267.16, Florida Statutes, is
466 transferred and renumbered as section 265.802, Florida Statutes.
467 Section 21. Section 267.161, Florida Statutes, is
468 transferred and renumbered as section 265.803, Florida Statutes.
469 Section 22. Section 258.081, Florida Statutes, is amended
470 to read:
471 258.081 Stephen Foster State Folk Culture Center.—The
472 division shall maintain and operate the Stephen Foster State
473 Folk Culture Center facility in such manner that the performing
474 arts component of the Florida Folklife Programs provided in s.
475 265.802 s. 267.16 shall have priority use of the facility.
476 Section 23. Subsection (4) of section 468.401, Florida
477 Statutes, is amended to read:
478 468.401 Regulation of talent agencies; definitions.—As used
479 in this part or any rule adopted pursuant hereto:
480 (4) “Engagement” means any employment or placement of an
481 artist, where the artist performs in his or her artistic
482 capacity. However, the term “engagement” shall not apply to
483 procuring opera, music, theater, or dance engagements for any
484 organization defined in s. 501(c)(3) of the Internal Revenue
485 Code or any nonprofit Florida arts organization that has
486 received a grant from the Division of Arts and Culture Cultural
487 Affairs of the Department of State or has participated in the
488 state touring program of the Division of Arts and Culture
489 Cultural Affairs.
490 Section 24. Paragraph (d) of subsection (2) of section
491 553.902, Florida Statutes, is amended to read:
492 553.902 Definitions.—As used in this part, the term:
493 (2) “Exempted building” means:
494 (d) A historical building as defined described in s.
495 267.021 s. 267.021(3).
497 The Florida Building Commission may recommend to the Legislature
498 additional types of buildings which should be exempted from
499 compliance with the Florida Building Code-Energy Conservation.
500 Section 25. Subsection (1) of section 2 of chapter 2020-88,
501 Laws of Florida, is amended to read:
502 Section 2. The Secretary of State is directed to:
503 (1) In coordination with the Division of Historical
504 Resources Cultural Affairs of the Department of State, determine
505 how the Museum of Florida History and other state museums will
506 promote the history of the 1920 Ocoee Election Day Riots through
507 exhibits and educational programs.
508 Section 26. This act shall take effect July 1, 2021.