Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1524
       
       
       
       
       
       
                                Ì487810#Î487810                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2025           .                                
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       The Committee on Governmental Oversight and Accountability
       (Grall) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 257.031, Florida
    6  Statutes, is amended to read:
    7         257.031 State Librarian; appointment and duties.—
    8         (1) The State Librarian shall be appointed by the Secretary
    9  of State, shall have completed a library school program
   10  accredited by a national library professional the American
   11  Library association, and shall serve as the director of the
   12  Division of Library and Information Services of the Department
   13  of State. The Secretary of State may, in making the appointment
   14  of State Librarian, consult the members of the State Library
   15  Council.
   16         Section 2. Subsection (4) is added to section 257.12,
   17  Florida Statutes, to read:
   18         257.12 Division of Library and Information Services
   19  authorized to accept and expend federal funds.—
   20         (4) The State Library Council, as provided in s. 257.02,
   21  shall develop recommendations for providing available federal
   22  funds to public libraries. The secretary may review and identify
   23  the funding recommendation list to identify whether federal
   24  grant funds awarded under this section are expended in
   25  compliance with all federal, state, and local laws and
   26  regulations and are used only for activities and programs that
   27  are not harmful to minors. For purposes of this subsection, the
   28  term “harmful to minors” means any reproduction, imitation,
   29  characterization, description, exhibition, presentation, or
   30  representation, in any manner or form, depicting sexual conduct
   31  or sexual excitement as those terms are defined in s. 847.001.
   32         Section 3. Paragraph (a) of subsection (2) of section
   33  257.17, Florida Statutes, is amended to read:
   34         257.17 Operating grants.—A political subdivision that has
   35  been designated by a county or municipality as the single
   36  library administrative unit is eligible to receive from the
   37  state an annual operating grant of not more than 25 percent of
   38  all local funds expended by that political subdivision during
   39  the second preceding fiscal year for the operation and
   40  maintenance of a library, under the following conditions:
   41         (2) The library established or maintained by such political
   42  subdivision shall:
   43         (a) Be operated under a single administrative head who is
   44  an employee of the single library administrative unit and who
   45  has completed a library education program accredited by a
   46  national library professional the American Library association.
   47  The single administrative head shall have at least 2 years of
   48  full-time paid professional experience, after completing the
   49  library education program, in a public library that is open to
   50  the public for a minimum of 40 hours per week.
   51         Section 4. Section 257.191, Florida Statutes, is amended to
   52  read:
   53         257.191 Construction grants.—
   54         (1) The Division of Library and Information Services may
   55  accept and administer library construction moneys appropriated
   56  to it and shall allocate such appropriation to municipal,
   57  county, and regional libraries in the form of library
   58  construction grants on a matching basis. The local matching
   59  portion shall be no less than the grant amount, on a dollar-for
   60  dollar basis, up to the maximum grant amount, unless the
   61  matching requirement is waived by s. 288.06561. Initiation of a
   62  library construction project 12 months or less prior to the
   63  grant award under this section shall not affect the eligibility
   64  of an applicant to receive a library construction grant. The
   65  division shall adopt rules for the administration of library
   66  construction grants. For the purposes of this section, s. 257.21
   67  does not apply.
   68         (2)(a) The secretary shall identify whether the library
   69  construction grants awarded under this section are expended in
   70  compliance with all federal, state, and local laws and
   71  regulations and are used only for activities and programs that
   72  are not harmful to minors. For purposes of this paragraph, the
   73  term “harmful to minors” means any reproduction, imitation,
   74  characterization, description, exhibition, presentation, or
   75  representation, in any manner or form, depicting sexual conduct
   76  or sexual excitement as those terms are defined in s. 847.001.
   77         (b) The secretary shall submit a recommended list to the
   78  Legislature for funding consideration.
   79         Section 5. Section 257.23, Florida Statutes, is amended to
   80  read:
   81         257.23 Application for grant.—
   82         (1) The board of county commissioners of any county, the
   83  chief executive officer of a municipality, or the governing body
   84  of a special district or a special tax district desiring to
   85  receive a grant under the provisions of ss. 257.14-257.25 shall
   86  apply therefor to the Division of Library and Information
   87  Services on or before October 1 of each year on a form to be
   88  provided by the division. The application shall be signed by the
   89  chair of the board of county commissioners and attested by the
   90  clerk of the circuit court or the appropriate officer in a
   91  charter county, by the chief executive officer of a municipality
   92  and attested by the clerk of the municipality, or by the chair
   93  of the governing body and attested by the chief financial
   94  officer of a special district or a special tax district. The
   95  county, municipality, special district, or special tax district
   96  shall agree to observe the standards established by the division
   97  as authorized in s. 257.15. On or before December 1 each year,
   98  the applicant shall certify the annual tax income and the rate
   99  of tax or the annual appropriation for the free library or free
  100  library service, and shall furnish such other pertinent
  101  information as the division may require.
  102         (2) The secretary shall identify whether grants awarded
  103  under this section are expended in compliance with all federal,
  104  state, and local laws and regulations and are used only for
  105  activities and programs that are not harmful to minors. For
  106  purposes of this subsection, the term “harmful to minors” means
  107  any reproduction, imitation, characterization, description,
  108  exhibition, presentation, or representation, in any manner or
  109  form, depicting sexual conduct or sexual excitement as those
  110  terms are defined in s. 847.001.
  111         Section 6. Section 257.34, Florida Statutes, is repealed.
  112         Section 7. Section 257.42, Florida Statutes, is amended to
  113  read:
  114         257.42 Library cooperative grants.—
  115         (1) The administrative unit of a library cooperative is
  116  eligible to receive an annual grant from the state for the
  117  purpose of sharing library resources based upon an annual plan
  118  of service and expenditure and an annually updated 5-year, long
  119  range plan of cooperative library resource sharing. Those plans,
  120  which must include a component describing how the cooperative
  121  will share technology and the use of technology, must be
  122  submitted to the division for evaluation and possible
  123  recommendation for funding in the division’s legislative budget
  124  request. Grant funds may not be used to supplant local funds or
  125  other funds. A library cooperative must provide from local
  126  sources matching cash funds equal to 10 percent of the grant
  127  award.
  128         (2) The secretary shall identify whether state grant funds
  129  awarded under this section are expended in compliance with all
  130  federal, state, and local laws and regulations and are used only
  131  for activities and programs that are not harmful to minors. For
  132  purposes of this subsection, the term “harmful to minors” means
  133  any reproduction, imitation, characterization, description,
  134  exhibition, presentation, or representation, in any manner or
  135  form, depicting sexual conduct or sexual excitement as those
  136  terms are defined in s. 847.001.
  137         Section 8. Subsections (12), (16) and (17) of section
  138  265.283, Florida Statutes, are amended to read:
  139         265.283 Definitions.—The following definitions shall apply
  140  to ss. 265.281-265.703:
  141         (12) “Panel” means a grant review panel.
  142         (16) “State touring program grants” means grants used to
  143  provide performances, activities, and exhibitions by Florida
  144  artists to communities.
  145         (17) “Underserved arts community assistance program grants”
  146  means grants used by qualified organizations under the Rural
  147  Economic Development Initiative, pursuant to ss. 288.0656 and
  148  288.06561, for the purpose of economic and organizational
  149  development for underserved cultural organizations.
  150         Section 9. Subsection (1) of section 265.284, Florida
  151  Statutes, is amended to read:
  152         265.284 Chief arts and culture cultural officer; director
  153  of division; powers and duties.—
  154         (1) The secretary of State is the chief arts and culture
  155  cultural officer of the state.
  156         Section 10. Paragraphs (a) and (c) of subsection (1) and
  157  paragraphs (c), (e), (f), and (g) of subsection (2) of section
  158  265.285, Florida Statutes, are amended to read:
  159         265.285 Florida Council on Arts and Culture; membership,
  160  duties.—
  161         (1)(a) The Florida Council on Arts and Culture is created
  162  within the department as an advisory body, as defined in s.
  163  20.03(7). The council shall be composed of, consisting of 15
  164  members. Seven members shall be appointed by the Governor in
  165  consultation with the Secretary of State, four members shall be
  166  appointed by the President of the Senate, and four members shall
  167  be appointed by the Speaker of the House of Representatives. Of
  168  the seven members appointed by the Governor, one member must be
  169  a licensed architect who has expertise in cultural facilities;
  170  one member must be an enrolled member of the Seminole Tribe of
  171  Florida; one member must be a professional public folklorist;
  172  one member must be a university affiliated folklorist; one
  173  member must be a practicing or former professional artist; and
  174  one member must be a retired chief executive officer of a
  175  Florida-based accredited museum. The remaining member appointed
  176  by the Governor and the four members appointed by the President
  177  of the Senate and the Speaker of the House of Representatives,
  178  respectively, must be representatives of the public with
  179  demonstrated interest in and knowledge of the arts, culture,
  180  museums, folklore, and cultural heritage traditions. The
  181  appointments that are, to be made in consultation with the
  182  Secretary of State, shall recognize the need for geographical
  183  representation. Council members appointed by the Governor shall
  184  be appointed for 4-year terms beginning on January 1 of the year
  185  of appointment. Council members appointed by the President of
  186  the Senate and the Speaker of the House of Representatives shall
  187  be appointed for 2-year terms beginning on January 1 of the year
  188  of appointment. A member of the council who serves two 4-year
  189  terms or two 2-year terms is not eligible for reappointment for
  190  1 year following the expiration of the member’s second term. A
  191  member whose term has expired shall continue to serve on the
  192  council until such time as a replacement is appointed. Any
  193  vacancy on the council shall be filled for the remainder of the
  194  unexpired term in the same manner as for the original
  195  appointment. Members should have a substantial history of
  196  community service in the performing or visual arts, which
  197  includes, but is not limited to, theater, dance, folk and
  198  traditional arts, music, architecture, photography, literature,
  199  and media arts, or in the areas of science, history, or
  200  children’s museums. In addition, it is desirable that members
  201  have successfully served on boards of cultural institutions such
  202  as museums and performing arts centers or are recognized as
  203  patrons of the arts. A member may not receive financial
  204  compensation as an employee or officer of an entity that has
  205  received grant funds or an applicant for division grant funding
  206  recommendations. This prohibition does not apply to an employee
  207  or officer of a state college or university.
  208         (c) Members of the council and panels may not receive any
  209  compensation for their services but shall be reimbursed for
  210  travel and expenses incurred in the performance of their duties,
  211  as provided in s. 112.061.
  212         (2) The council shall:
  213         (c) Encourage the participation in and appreciation of
  214  arts, and culture, and folklife to meet the needs and
  215  aspirations of persons in all parts of the state.
  216         (e) Encourage arts and culture development within
  217  communities and assist freedom of artistic expression that is
  218  essential for the well-being of the arts.
  219         (f) Advise the secretary in matters concerning the awarding
  220  of grants for arts and culture as authorized in this act and
  221  make funding recommendations for activities and programs that
  222  are not harmful to minors. For purposes of this paragraph, the
  223  term “harmful to minors” means any reproduction, imitation,
  224  characterization, description, exhibition, presentation, or
  225  representation, in any manner or form, depicting sexual conduct
  226  or sexual excitement as those terms are defined in s. 847.001.
  227         (g) Promote and assist with division programs, such as the
  228  Major John Leroy Haynes Florida Veterans’ History Program, the
  229  Arts and Culture recognition award program, and the
  230  apprenticeship program the reading, writing, and appreciation of
  231  poetry throughout the state and accept nominations and recommend
  232  nominees for appointment as the State Poet Laureate under s.
  233  265.2863.
  234         Section 11. Section 265.286, Florida Statutes, is amended
  235  to read:
  236         265.286 Arts Art and cultural grants.—
  237         (1) For purposes of this section, the term “harmful to
  238  minors” means any reproduction, imitation, characterization,
  239  description, exhibition, presentation, or representation, in any
  240  manner or form, depicting sexual conduct or sexual excitement as
  241  those terms are defined in s. 847.001.
  242         (2) The division shall accept applications for arts and
  243  cultural grants for activities and programs identified in
  244  subsection (8) and based on the rules adopted under this
  245  section.
  246         (3) To be eligible for a grant, an applicant must:
  247         (a) Be a nonprofit, tax-exempt Florida corporation or a
  248  local or state governmental entity, school district, community
  249  college, college, university, agency of state government, or
  250  artist engaged in or concerned with arts and cultural
  251  activities.
  252         (b) Conduct activities and programs that are not harmful to
  253  minors.
  254         (c) Strictly conform with all applicable local, state, and
  255  federal laws and regulations.
  256         (4)(1) The secretary may appoint reviewers review panels
  257  consisting of members from various art and cultural disciplines
  258  and programs to assist the council in the grant application
  259  review process. Appointed reviewers shall review Each panel
  260  member shall be appointed to a 1-year term. Each panel shall
  261  consist of practicing artists or other professionals actively
  262  involved in the specific discipline or program for which the
  263  panel has been appointed. Each panel shall review and score
  264  grant applications and recommend to the council the applicants
  265  to which grants may should be awarded. The panels shall submit
  266  lists of eligible applicants by score. The division shall adopt
  267  rules establishing a formula for such scoring.
  268         (5)(2) The council and each panel shall provide a forum for
  269  public comment before voting on any grant application.
  270         (6)(3) After the council reviews the recommended lists of
  271  eligible applicants submitted by each review panel, it shall
  272  develop a list of recommended arts and culture grants two lists,
  273  one of which must consist of eligible applicants for general
  274  program support funding and one of which must consist of
  275  eligible applicants for specific cultural project funding, and
  276  submit the list lists to the secretary. The secretary may review
  277  and provide comments to the Legislature concerning the
  278  recommended applicants. Funds awarded under this section must be
  279  expended in compliance with all federal, state, and local laws
  280  and regulations and used only for activities and programs that
  281  are not harmful to minors. The secretary shall submit the
  282  recommended list to the Legislature annually for funding
  283  consideration shall review the council’s recommendations and,
  284  beginning July 1, 2010, include the lists of approved applicants
  285  in the department’s legislative budget request submitted to the
  286  Legislature.
  287         (7)(4)Arts and cultural Project grants shall be funded
  288  from the secretary’s submitted approved list by score until all
  289  appropriated funds are depleted. If specific project grant funds
  290  are returned to the division, it must shall award such funds to
  291  the next grant applicant on the secretary’s list of approved
  292  applicants. General program support grants shall be awarded to
  293  applicants on the secretary’s list in amounts determined by
  294  rule.
  295         (8)(5) The division shall administer awarded grants fund:
  296         (a) To supplement the financial support of artistic and
  297  cultural activities and programs that, without the assistance,
  298  may otherwise be unavailable to Florida residents Grants for
  299  general program support for science museums, youth and
  300  children’s museums, historical museums, local arts agencies,
  301  state service organizations, and organizations that have
  302  cultural program activities in any of the art and cultural
  303  disciplines defined in s. 265.283.
  304         (b) To activities and programs that have substantial
  305  artistic and cultural significance and emphasize creativity and
  306  professional excellence Grants for specific cultural projects
  307  for arts in education, museums, Culture Builds Florida, or
  308  nonprofit public or private organizations having cultural
  309  project activity in any of the art and cultural disciplines.
  310         (c) To activities and programs that meet the professional
  311  standards or standards of authenticity of significant merit,
  312  regardless of origin Grants for a touring program that has a
  313  selection procedure that ensures the maximum opportunity for
  314  Florida artists and cultural groups.
  315         (d) To activities and programs that are not harmful to
  316  minors An individual artist fellowship program. The division
  317  shall establish a selection procedure that identifies individual
  318  artists of exceptional talent and demonstrated ability and
  319  distribute grant appropriations as provided by rule.
  320         (e) To other programs consistent with the purpose of this
  321  act.
  322         (9)(6) The division may shall adopt rules establishing:
  323         (a) Eligibility criteria for the award of grants, which may
  324  include, but need not be limited to, application requirements,
  325  allowable and nonallowable costs, program quality, artistic
  326  quality, creativity, potential public exposure and benefit, the
  327  ability to properly administer grant funds, professional
  328  excellence, fiscal stability, state or regional impact and
  329  economic development, matching requirements, and other
  330  requirements to further the purposes of this act.
  331         (b) Particular grant programs, categories of grants, and
  332  procedures necessary for the prudent administration of the grant
  333  programs.
  334         (c) The panel review process, including, but not limited
  335  to, criteria for reviewing grant applications to identify
  336  whether there is ensure compliance with applicable federal and
  337  state law, including those related to discrimination and
  338  conflicts of interest and whether the activities and programs
  339  are harmful to minors. The division may not award any new grant
  340  that will, in whole or in part, inure to the personal benefit of
  341  any council or review panel member during the member’s term of
  342  office or reviewer if the council or panel member or reviewer
  343  participated in the vote of the council or reviewer panel
  344  recommending the award. This paragraph does not prohibit the
  345  division from awarding a grant to an entity with which a council
  346  or panel member or reviewer is associated.
  347         (7) The division shall award grants:
  348         (a) To supplement the financial support of artistic and
  349  cultural activities and programs that, without the assistance,
  350  may otherwise be unavailable to Florida residents.
  351         (b) To activities and programs that have substantial
  352  artistic and cultural significance and emphasize creativity and
  353  professional excellence.
  354         (c) To activities and programs that meet the professional
  355  standards or standards of authenticity of significant merit,
  356  regardless of origin.
  357         (d) For other reasons consistent with this act.
  358         (8) Eligible grantees must:
  359         (a) Be a nonprofit, tax-exempt Florida corporation; or
  360         (b) A local or state governmental entity, school district,
  361  community college, college, university, agency of state
  362  government, or artist engaged in or concerned with arts and
  363  cultural activities.
  364         (10)(9) In order to equitably distribute limited state
  365  funding, applicants may apply for and be awarded only one grant
  366  per annual grant cycle, except for cultural facilities, a
  367  cultural endowment, or touring program grants and individual
  368  artist fellowships.
  369         (11)(10) Of the total amount of grant funds available from
  370  all sources for grants, except cultural facilities and cultural
  371  endowments, 70 percent shall be awarded on at least a dollar-to
  372  dollar matching basis. Up to 50 percent of the grantee’s match
  373  may consist of in-kind funds. Up to 30 percent of all grant
  374  funds may be awarded on a nonmatching basis, including
  375  individual fellowships.
  376         (12) An applicant seeking a recommendation from a reviewer
  377  for grant funding may not have a substantial interest as set
  378  forth in s. 120.569 in any of its requested recommendations.
  379         (13)(11) The division may shall adopt rules to administer
  380  and implement this section.
  381         (14) Effective upon this act becoming a law, the secretary
  382  shall request, and the council shall submit, an updated list of
  383  activities and programs that comply with the requirements of
  384  this section. After reviewing and making comments, the secretary
  385  shall submit a recommended list to the Legislature for funding
  386  consideration in the General Appropriations Act for fiscal year
  387  2025-2026. This subsection expires July 1, 2026.
  388         (15) The council and the secretary may provide a separate
  389  list for activities and programs that support America250 and
  390  celebrate the 250th anniversary of the signing of the
  391  Declaration of Independence on July 4, 1776. This subsection
  392  applies only if the date this act becomes law occurs before the
  393  Legislature passes the General Appropriations Act for fiscal
  394  year 2025-2026. This subsection expires July 4, 2026.
  395         Section 12. Subsections (3), (4), and (7) of section
  396  265.2865, Florida Statutes, are amended to read:
  397         265.2865 Florida Artists Hall of Fame.—
  398         (3) The Florida Council on Arts and Culture may shall
  399  accept nominations annually for persons to be recommended as
  400  members of the Florida Artists Hall of Fame. The council may
  401  shall recommend to the Secretary of State persons to be named as
  402  members of the Florida Artists Hall of Fame. The council’s
  403  recommended council shall recommend as members to of the Florida
  404  Artists Hall of Fame must be persons who were born in Florida or
  405  adopted Florida as their home state and base of operation and
  406  who have made a significant contribution to the enhancement of
  407  the arts in this state.
  408         (4) The Secretary of State shall name no more than three
  409  four members to the Florida Artists Hall of Fame in any one
  410  nomination year.
  411         (7) The Secretary of State may shall annually request an
  412  appropriation sufficient to carry out the purposes of this
  413  section.
  414         Section 13. Subsections (1), (2), and (3) of section
  415  265.701, Florida Statutes, are amended, and subsections (6) and
  416  (7) are added to that section, to read:
  417         265.701 Cultural facilities; grants for acquisition,
  418  renovation, or construction; funding; approval; allocation.—
  419         (1) The Division of Arts and Culture may accept and
  420  administer moneys appropriated to it for providing grants to
  421  counties, municipalities, and qualifying nonprofit corporations
  422  for the acquisition, renovation, or construction of cultural
  423  facilities.
  424         (2) A county, municipality, or qualified corporation may
  425  apply for a grant of state funds for the acquisition,
  426  renovation, or construction of a cultural facility. For the
  427  purposes of this section, a “qualified corporation” is a
  428  corporation which is designated a not-for-profit corporation
  429  pursuant to s. 501(c)(3) or (4) of the Internal Revenue Code of
  430  1954, and which is described in, and allowed to receive
  431  contributions pursuant to the provisions of, s. 170 of the
  432  Internal Revenue Code of 1954, and which is a corporation not
  433  for profit incorporated pursuant to chapter 617. The state grant
  434  must be matched by a contribution from the county, municipality,
  435  or nonprofit corporation in an amount to be determined by the
  436  Department of State.
  437         (3) The Florida Council on Arts and Culture shall review
  438  each application for a grant to acquire, renovate, or construct
  439  a cultural facility which is submitted pursuant to subsection
  440  (2) and shall submit annually to the Secretary of State for
  441  approval lists of all applications that are recommended by the
  442  council for the award of grants, arranged in order of priority.
  443  The secretary may review and provide comments to the Legislature
  444  concerning the recommended applicants. Funds awarded under this
  445  section must be expended in compliance with all federal, state,
  446  and local laws and regulations and used only for activities and
  447  programs that are not harmful to minors. The secretary shall
  448  submit the recommended list to the Legislature for funding
  449  consideration. For purposes of this subsection, the term
  450  “harmful to minors” means any reproduction, imitation,
  451  characterization, description, exhibition, presentation, or
  452  representation, in any manner or form, depicting sexual conduct
  453  or sexual excitement as those terms are defined in s. 847.001.
  454  The division may allocate grants only for projects that are
  455  approved or for which funds are appropriated by the Legislature.
  456  Projects approved and recommended by the Secretary of State
  457  which are not funded by the Legislature shall be retained on the
  458  project list for the following grant cycle only. All projects
  459  that are retained shall be required to submit such information
  460  as may be required by the department as of the established
  461  deadline date of the latest grant cycle in order to adequately
  462  reflect the most current status of the project.
  463         (6) Effective upon this act becoming a law, the secretary
  464  shall request, and the council shall submit, an updated list of
  465  projects that comply with the requirements of this section.
  466  After reviewing and making comments, the secretary shall submit
  467  the recommended list to the Legislature for funding
  468  consideration in the General Appropriations Act for fiscal year
  469  2025-2026. This subsection expires July 1, 2026.
  470         (7) The council and the secretary may provide a separate
  471  list for activities and programs that support America250 and
  472  celebrate the 250th anniversary of the signing of the
  473  Declaration of Independence on July 4, 1776. This subsection
  474  applies only if the date this act becomes law occurs before the
  475  Legislature passes the General Appropriations Act for fiscal
  476  year 2025-2026. This subsection expires July 4, 2026.
  477         Section 14. Subsection (1) of section 265.703, Florida
  478  Statutes, is amended to read:
  479         265.703 Citizen support organizations; use of state
  480  administrative services and property; audit.—
  481         (1) CITIZEN SUPPORT ORGANIZATIONS.—The division may support
  482  the establishment of citizen support organizations to provide
  483  assistance, funding, and promotional support for the cultural,
  484  arts, historical, and museum, and international and
  485  intergovernmental programs of the division. For the purposes of
  486  this section, a “citizen support organization” means an
  487  organization which is:
  488         (a) A Florida corporation not for profit incorporated under
  489  the provisions of chapter 617 and approved by the Department of
  490  State.
  491         (b) Organized and operated to conduct programs and
  492  activities; raise funds; request and receive grants, gifts, and
  493  bequests of money; acquire, receive, hold, invest, and
  494  administer, in its own name, securities, funds, objects of
  495  value, or other property, real or personal; and make
  496  expenditures to or for the direct or indirect benefit of the
  497  division, or individual program units, or international and
  498  intergovernmental programs of the division.
  499         (c) Determined by the division to be consistent with the
  500  goals of the division and in the best interests of the state.
  501         (d) Approved in writing by the division to operate for the
  502  direct or indirect benefit of the division. Such approval shall
  503  be given in a letter of agreement from the division.
  504         Section 15. Paragraph (a) of subsection (1) of section
  505  265.803, Florida Statutes, is amended to read:
  506         265.803 Florida Folklife Council.—
  507         (1)(a) The Florida Folklife Council is created as a sub
  508  council within part of the Florida Council on Arts and Culture
  509  created by s. 265.285 Department of State, to be composed of
  510  consist of seven members appointed by the Secretary of State
  511  from the membership of the Florida Council on Arts and Culture.
  512  The Secretary of State shall appoint each member for a 4-year
  513  term and shall appoint a successor for each member within 90
  514  days after the expiration of the member’s term. The Secretary of
  515  State shall fill any vacancy for the remainder of the unexpired
  516  term within 90 days after the vacancy occurs. Members shall be
  517  appointed to provide geographical, cultural, traditional ethnic,
  518  and professional representation on the council.
  519         Section 16. Paragraph (c) of subsection (6) of section
  520  267.0612, Florida Statutes, is amended to read:
  521         267.0612 Florida Historical Commission; creation;
  522  membership; powers and duties.—In order to enhance public
  523  participation and involvement in the preservation and protection
  524  of the state’s historic and archaeological sites and properties,
  525  there is created within the Department of State the “Florida
  526  Historical Commission.” The commission shall serve in an
  527  advisory capacity to the director of the Division of Historical
  528  Resources to assist the director in carrying out the purposes,
  529  duties, and responsibilities of the division, as specified in
  530  this chapter.
  531         (6) It shall be the responsibility of the commission to
  532  provide assistance, advice, and recommendations to the division
  533  in:
  534         (c) Evaluating proposals for awards of special category
  535  historic preservation grants-in-aid administered by the
  536  division. Pursuant thereto, the commission shall review and
  537  evaluate proposals for special category grants and shall make
  538  recommendations, including a priority ranking, reflecting such
  539  evaluation. In making such evaluation and recommendations, the
  540  commission shall, at a minimum, consider the purpose, economic
  541  and other public benefit, location, compatibility with statewide
  542  historic preservation priorities, and cost of each proposal for
  543  special category grant assistance. Special category historic
  544  preservation grants-in-aid recommendations of the commission
  545  shall be reviewed by the Secretary of State as provided in s.
  546  267.0617.
  547         Section 17. Subsections (2) and (3) of section 267.0617,
  548  Florida Statutes, are amended to read:
  549         267.0617 Historic Preservation Grant Program.—
  550         (2) The division is authorized to conduct and carry out a
  551  program of historic preservation grants-in-aid, including
  552  matching grants, to any department or agency of the state; any
  553  unit of county, municipal, or other local government; any
  554  corporation, partnership, or other organization, whether public
  555  or private or whether or not for profit; or any individual for
  556  projects having as their purpose the identification,
  557  acquisition, protection, preservation, rehabilitation,
  558  restoration, or construction of historic sites and properties,
  559  or Florida history, or the planning of such activities. Funds
  560  appropriated from general revenue for the historic preservation
  561  grants-in-aid program shall not be provided for a project owned
  562  by private individuals or owned by for-profit corporations. All
  563  moneys received from any source as appropriations, deposits, or
  564  contributions to this program shall be paid and credited to the
  565  Historical Resources Operating Trust Fund.
  566         (3) All grants of state funds to assist in the preservation
  567  of historic properties shall be made from the Historical
  568  Resources Operating Trust Fund and may be awarded only pursuant
  569  to applications for such assistance made to the Division of
  570  Historical Resources. The Florida Historical Commission shall
  571  review each application for a special category historic
  572  preservation grant-in-aid. Special category historic
  573  preservation grants-in-aid are those reviewed and recommended by
  574  the Secretary of State for submission for legislative funding
  575  consideration. Grant review panels appointed by the Secretary of
  576  State and chaired by a member of the Florida Historical
  577  Commission or a designee appointed by the commission’s presiding
  578  officer shall review each application for other historic
  579  preservation grants-in-aid. Each The reviewing body shall submit
  580  annually to the Secretary of State for approval lists of all
  581  historic preservation grant-in-aid applications that are
  582  recommended by the reviewing body for the award of grants,
  583  arranged in order of priority. The Secretary of State may review
  584  and provide comments to the Legislature concerning the
  585  recommended applicants. Funds awarded under this section must be
  586  expended in compliance with all federal, state, and local laws
  587  and regulations and used only for activities and programs that
  588  are not harmful to minors. The Secretary shall submit the
  589  recommended lists to the Legislature for funding consideration.
  590  For purposes of this subsection, the term “harmful to minors”
  591  means any reproduction, imitation, characterization,
  592  description, exhibition, presentation, or representation, in any
  593  manner or form, depicting sexual conduct or sexual excitement as
  594  those terms are defined in s. 847.001.
  595         Section 18. Section 267.0722, Florida Statutes, is
  596  repealed.
  597         Section 19. Section 267.075, Florida Statutes, is amended
  598  to read:
  599         267.075 The Grove; management; stewardship Advisory
  600  Council; creation; membership; purposes.—
  601         (1) The Call/Collins House, commonly known as “The Grove,”
  602  located in Tallahassee, Leon County, shall be utilized as a
  603  house museum of history for the educational benefit of the
  604  citizens of this state. The utilization of The Grove as a museum
  605  of history shall emphasize the lives and accomplishments of The
  606  Grove’s first owner, Richard Keith Call, Florida’s last
  607  Territorial Governor, and LeRoy Collins, Florida’s 33rd
  608  Governor, who, with his wife, Mary Call Darby Collins, were the
  609  last owners of The Grove. The faithful restoration and
  610  maintenance of The Grove undertaken by LeRoy Collins and Mary
  611  Call Darby Collins during the nearly six decades of Collins
  612  family ownership and stewardship which has preserved the
  613  original plan of construction and design of The Grove shall be
  614  continued as provided for in this section.
  615         (2) There is created within the Department of State The
  616  Grove Advisory Council for the purpose of advising the Division
  617  of Historical Resources on the operation, maintenance,
  618  preservation, and protection of the Call/Collins House, commonly
  619  known as “The Grove,” its grounds, cemetery, and all structures
  620  thereon; the furniture and furnishings located therein; any
  621  changes in the architecture, structure, furnishings, or
  622  landscaping deemed necessary or desirable by the council; and
  623  the design and development of interpretive programs and exhibits
  624  in connection therewith.
  625         (3)(a) The Grove Advisory Council shall be composed of
  626  eight members, as follows:
  627         1. Five members shall be private citizens appointed by the
  628  Secretary of State.
  629         2. One member shall be the Secretary of Management Services
  630  or his or her designee.
  631         3. One member shall be the director of the Division of
  632  Historical Resources of the Department of State.
  633         4. At least one member shall be a direct descendant of Mary
  634  Call Darby Collins appointed by the Secretary of State with the
  635  advice of the oldest living generation of lineal descendants of
  636  Mary Call Darby Collins.
  637  
  638  Of the citizen members, at least one member shall have
  639  professional curatorial and museum expertise, one member shall
  640  have professional architectural expertise in the preservation of
  641  historic buildings, and one member shall have professional
  642  landscape expertise. The five citizen members of the council
  643  appointed by the Secretary of State and the member of the
  644  council who is a direct descendant of Mary Call Darby Collins
  645  appointed by the Secretary of State shall be appointed for
  646  staggered 4-year terms. The Secretary of State shall fill the
  647  remainder of unexpired terms for the five citizen members of the
  648  council and the member of the council who is a direct descendant
  649  of Mary Call Darby Collins.
  650         (b) The council shall annually elect a chair from among the
  651  five citizen members of the council appointed by the Secretary
  652  of State and the member of the council who is a direct
  653  descendant of Mary Call Darby Collins appointed by the Secretary
  654  of State. The chair shall serve for a term of 1 year. Meetings
  655  of the council shall be held at the call of the chair, at the
  656  request of a majority of its membership, at the request of the
  657  Secretary of State, or at such times as may be prescribed by
  658  rules of the council. The council shall meet at least twice
  659  annually. A majority of the council shall constitute a quorum
  660  for the transaction of business.
  661         (c) The council shall obtain clerical, expert, technical,
  662  or other services from the Division of Historical Resources. The
  663  Department of Management Services shall provide reasonable
  664  assistance to the Department of State in carrying out the
  665  purposes of this section.
  666         (d) Members of the council shall serve without compensation
  667  or honorarium but shall be entitled to receive reimbursement for
  668  per diem and travel expenses as provided in s. 112.061. All
  669  expenses of the council shall be paid from appropriations to be
  670  made by the Legislature to the Department of State. All vouchers
  671  shall be approved by the Division of Historical Resources before
  672  being submitted to the Chief Financial Officer for payment.
  673         (2)(4)(a) The Division of Historical Resources, with the
  674  advice and assistance of the council, shall maintain the
  675  structure, style, character, and landscaping of The Grove, its
  676  grounds, its private family cemetery, and all structures thereon
  677  consistent with the character, plan, and design of The Grove at
  678  the time the state takes physical possession of The Grove and
  679  its surrounding property from Mary Call Darby Collins. It shall
  680  preserve and protect the antique furnishings and other articles
  681  of furniture, fixtures, and decorative objects and articles used
  682  or displayed in the premises.
  683         (b) The Division of Historical Resources shall catalog and
  684  maintain a descriptive, photographic inventory of the
  685  furnishings, fixtures, and decorative objects and articles used
  686  or displayed in the premises.
  687         (c) The Division of Historical Resources may receive, on
  688  behalf of the state, contributions, bequests, and gifts of
  689  money, furniture, works of art, memorabilia, or other property
  690  consistent with the use of The Grove as described in this
  691  section. Title to all property which is received in this manner
  692  shall vest in the state and shall be held in trust by the
  693  Division of Historical Resources solely to further the purposes
  694  of this section. No furniture, furnishings, fixtures, or
  695  decorative objects acquired from the Collins family or any of
  696  its members shall be used for any purpose except as a permanent
  697  part of The Grove’s furniture, furnishings, fixtures, or
  698  decorative objects, and any such item not so utilized shall
  699  forthwith revert to the Collins family member or members from
  700  whom it was acquired. No gifts, contributions, or bequests shall
  701  be accepted for The Grove without the advice and recommendation
  702  of the council.
  703         Section 20. Subsection (2) of section 267.21, Florida
  704  Statutes, is amended to read:
  705         267.21 Historic Cemeteries Program.—
  706         (2)(a) The Historic Cemeteries Program shall, subject to
  707  legislative appropriation, provide grants to the following
  708  entities:
  709         1.(a) Research institutions, colleges and universities, and
  710  qualified nonprofit organizations, for the purpose of conducting
  711  genealogical and historical research necessary to identify and
  712  contact the relatives and descendants of persons buried in
  713  abandoned African-American cemeteries.
  714         2.(b) Local governments and qualified nonprofit
  715  organizations, for the purposes of repairing, restoring, and
  716  maintaining abandoned African-American cemeteries.
  717         (b) All grants of state funds to assist abandoned African
  718  American cemeteries may be awarded only pursuant to applications
  719  for such assistance made to the division. The Florida Historic
  720  Cemeteries Program Advisory Council shall review each
  721  application for an abandoned African-American cemeteries grant
  722  made under this section. The council shall submit annually to
  723  the Secretary of State a list of all abandoned African-American
  724  cemeteries applications that it recommends for the award of
  725  grants, arranged in order of priority. The Secretary of State
  726  may review and provide comments to the Legislature concerning
  727  the recommended applicants. Funds awarded under this section
  728  must be expended in compliance with all federal, state, and
  729  local laws and regulations and used only for activities and
  730  programs that are not harmful to minors. The Secretary of State
  731  shall submit a recommended list to the Legislature for funding
  732  consideration. For purposes of this paragraph, the term “harmful
  733  to minors” means any reproduction, imitation, characterization,
  734  description, exhibition, presentation, or representation, in any
  735  manner or form, depicting sexual conduct or sexual excitement as
  736  those terms are defined in s. 847.001.
  737         Section 21. Subsections (1) and (2) of section 267.22,
  738  Florida Statutes, are amended to read:
  739         267.22 Historic Cemeteries Program Advisory Council.—
  740         (1) The Historic Cemeteries Program Advisory Council, an
  741  advisory council as defined in s. 20.03(7), is created as a sub
  742  council within the Florida Historical Commission created by s.
  743  267.0612 division and shall be composed consist of at least five
  744  but no more than nine members appointed by the Florida
  745  Historical Commission Secretary of State after considering the
  746  recommendations of the director of the division. The council
  747  must be composed of an inclusive group of members who are
  748  regionally distributed and representative of communities
  749  throughout this state and may include members of the Florida
  750  Historical Commission. Members in place on July 1, 2025, may
  751  serve for the remainder of their respective terms. New
  752  appointments to the council may not be made until the
  753  retirement, resignation, removal, or expiration of the terms of
  754  the initial members results in fewer than five members
  755  remaining. Members shall serve 4-year terms; however, for the
  756  purpose of providing staggered terms, four of the appointees
  757  initially shall be appointed to 2-year terms and the remaining
  758  five shall be appointed to 4-year terms. All new subsequent
  759  appointments shall be for 2-year 4-year terms. Annually As soon
  760  as practicable after July 1, 2023, the council shall meet to
  761  elect a chair from its membership. Except as otherwise provided
  762  in this section, the council shall operate in a manner
  763  consistent with s. 20.052.
  764         (2) The council shall provide guidance and recommendations
  765  to the division and the Florida Historical Commission regarding
  766  the duties and responsibilities of the Historic Cemeteries
  767  Program created under s. 267.21. The council must also evaluate
  768  proposals for awards of abandoned African-American cemeteries
  769  grants, as authorized by s. 267.21(2). Pursuant thereto, the
  770  council must review and evaluate proposals for abandoned
  771  African-American cemeteries grants and make recommendations to
  772  the Secretary of State, including providing a priority ranking,
  773  reflecting the evaluation. In making its evaluation and
  774  recommendations, the council shall, at a minimum, consider the
  775  purpose, public benefit, location, and cost of each proposal for
  776  grant assistance. Abandoned African-American cemeteries grants
  777  recommendations of the council shall be reviewed by the
  778  Secretary of State in accordance with s. 267.21(2).
  779         Section 22. This act shall take effect upon becoming a law.
  780  
  781  ================= T I T L E  A M E N D M E N T ================
  782  And the title is amended as follows:
  783         Delete everything before the enacting clause
  784  and insert:
  785                        A bill to be entitled                      
  786         An act relating to duties of the Department of State;
  787         amending s. 257.031, F.S.; revising the entity that
  788         accredits a specified library school program; amending
  789         s. 257.12, F.S.; revising duties of the State Library
  790         Council; authorizing the Secretary of State to review
  791         and identify certain funding recommendations made by
  792         the council; defining the term “harmful to minors”;
  793         amending s. 257.17, F.S.; conforming provisions to
  794         changes made by the act; amending s. 257.191, F.S.;
  795         requiring the Secretary of State to identify whether
  796         construction grant funds meet certain criteria and are
  797         used for certain purposes; defining the term “harmful
  798         to minors”; requiring the secretary to submit a
  799         recommended list to the Legislature for funding
  800         consideration; amending s. 257.23, F.S.; requiring the
  801         secretary to identify whether construction grant funds
  802         meet certain criteria and are used for certain
  803         purposes; defining the term “harmful to minors”;
  804         repealing s. 257.34, F.S., relating to the Florida
  805         International Archive and Repository; amending s.
  806         257.42, F.S.; requiring the secretary to identify
  807         whether library cooperative grant funds meet certain
  808         criteria and are used for certain purposes; defining
  809         the term “harmful to minors”; amending s. 265.283,
  810         F.S.; deleting the definitions of the terms “panel,”
  811         “state touring program grants,” and “underserved arts
  812         community assistance program grants”; amending s.
  813         265.284, F.S.; providing that the secretary is the
  814         chief arts and culture officer of the state; amending
  815         s. 265.285, F.S.; revising the membership of the
  816         Florida Council on Arts and Culture; prohibiting
  817         council members from receiving financial compensation
  818         under specified circumstances; providing an exception;
  819         revising duties of the council; defining the term
  820         “harmful to minors”; amending s. 265.286, F.S.;
  821         defining the term “harmful to minors”; requiring the
  822         Division of Arts and Culture to accept applications
  823         for arts and cultural grants for specified purposes;
  824         specifying eligibility criteria; deleting review panel
  825         member appointments and criteria; authorizing the
  826         secretary to review a specified list and provide
  827         comments to the Legislature; requiring that specified
  828         grant funds meet certain criteria and are used for
  829         certain purposes; requiring the secretary to submit a
  830         recommended list to the Legislature for funding
  831         consideration; providing activities and programs for
  832         which the division may award grants; revising items
  833         for which the division may adopt rules; prohibiting
  834         applicants for grant funding from having substantial
  835         interests for certain recommendations; requiring the
  836         secretary to submit a recommended list to the
  837         Legislature for funding consideration; authorizing the
  838         council and secretary to provide a separate list for
  839         certain activities and programs; providing
  840         applicability; providing expiration dates for certain
  841         purposes; amending s. 265.2865, F.S.; authorizing,
  842         rather than requiring, the council to accept and
  843         recommend nominations for certain purposes annually;
  844         reducing the number of members the secretary may name
  845         to the Florida Artists Hall of Fame in any nomination
  846         year; authorizing, rather than requiring, the
  847         secretary to annually request an appropriation for
  848         certain purposes; amending s. 265.701, F.S.; deleting
  849         an authorization for certain grant funds to be used to
  850         acquire cultural facilities; authorizing the secretary
  851         to review specified list and provide comments to the
  852         Legislature; requiring that grant funds meet certain
  853         criteria and are used for certain purposes; defining
  854         the term “harmful to minors”; requiring the secretary
  855         to make submit a recommended list to the Legislature
  856         for funding considerations; authorizing the council
  857         and secretary to provide a separate list for certain
  858         activities and programs; providing applicability;
  859         providing expiration dates for a certain purpose;
  860         amending s. 265.703, F.S.; revising the programs for
  861         which citizen support organizations may provide
  862         support; amending s. 265.803, F.S.; revising
  863         programmatic set-up and functions of the Florida
  864         Folklife Council; amending s. 267.0612, F.S.;
  865         requiring the secretary to review special category
  866         historic preservation grants-in-aid recommendations of
  867         the Florida Historical Commission; amending s.
  868         267.0617, F.S.; deleting a provision that requires
  869         certain funds to be credited to the Historical
  870         Resources Operating Trust Fund; authorizing the
  871         secretary to review specified lists and provide
  872         comments to the Legislature; requiring that grant
  873         funds meet certain criteria and are used for certain
  874         purposes; requiring the secretary to submit
  875         recommended lists to the Legislature for funding
  876         consideration; defining the term “harmful to minors”;
  877         repealing s. 267.0722, F.S., relating to the Florida
  878         Museum of Black History; amending s. 267.075, F.S.;
  879         deleting provisions relating to The Grove Advisory
  880         Council; amending s. 267.21, F.S.; revising mechanisms
  881         by which state funds to assist abandoned African
  882         American cemeteries may be awarded; authorizing the
  883         secretary to review a specified list and provide
  884         comments to the Legislature; requiring that grant
  885         funds meet certain criteria and are used for certain
  886         purposes; requiring the secretary to submit a
  887         recommended list to the Legislature for funding
  888         consideration; defining the term “harmful to minors”;
  889         amending s. 267.22, F.S.; revising programmatic duties
  890         and composition of the Historic Cemeteries Program
  891         Advisory Council; requiring the council to evaluate
  892         proposals for awards of grants relating to abandoned
  893         African-American cemeteries; providing an effective
  894         date.