Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1524
Ì487810#Î487810
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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.