Florida Senate - 2025 CS for SB 1524
By the Committee on Governmental Oversight and Accountability;
and Senator Grall
585-03150-25 20251524c1
1 A bill to be entitled
2 An act relating to the Department of State; repealing
3 s. 113.01, F.S., relating to a fee for commissions
4 issued by the Governor; repealing s. 113.02, F.S.,
5 relating to fees to be paid before commissions are
6 issued; repealing s. 113.03, F.S., relating to
7 disposition of proceeds; amending s. 113.051, F.S.;
8 prohibiting commissions from being issued by the
9 Governor, attested to by the Secretary of State, or
10 bearing the seal of the state until the oath of office
11 is filed as required; amending ss. 117.01 and 117.225,
12 F.S.; conforming provisions to changes made by the
13 act; amending s. 117.295, F.S.; conforming a cross
14 reference; amending s. 257.031, F.S.; revising the
15 entity that accredits a specified library school
16 program; amending s. 257.12, F.S.; revising duties of
17 the State Library Council; authorizing the Secretary
18 of State to review and identify certain funding
19 recommendations made by the council; defining the term
20 “harmful to minors”; amending s. 257.17, F.S.;
21 conforming provisions to changes made by the act;
22 amending s. 257.191, F.S.; requiring the Secretary of
23 State to identify whether construction grant funds
24 meet certain criteria and are used for certain
25 purposes; defining the term “harmful to minors”;
26 requiring the secretary to submit a recommended list
27 to the Legislature for funding consideration; amending
28 s. 257.23, F.S.; requiring the secretary to identify
29 whether construction grant funds meet certain criteria
30 and are used for certain purposes; defining the term
31 “harmful to minors”; repealing s. 257.34, F.S.,
32 relating to the Florida International Archive and
33 Repository; amending s. 257.42, F.S.; requiring the
34 secretary to identify whether library cooperative
35 grant funds meet certain criteria and are used for
36 certain purposes; defining the term “harmful to
37 minors”; amending s. 265.283, F.S.; deleting the
38 definitions of the terms “panel,” “state touring
39 program grants,” and “underserved arts community
40 assistance program grants”; amending s. 265.284, F.S.;
41 providing that the secretary is the chief arts and
42 culture officer of the state; amending s. 265.285,
43 F.S.; revising the membership of the Florida Council
44 on Arts and Culture; prohibiting council members from
45 receiving financial compensation under specified
46 circumstances; providing an exception; revising duties
47 of the council; defining the term “harmful to minors”;
48 amending s. 265.286, F.S.; defining the term “harmful
49 to minors”; requiring the Division of Arts and Culture
50 to accept applications for arts and cultural grants
51 for specified purposes; specifying eligibility
52 criteria; deleting review panel member appointments
53 and criteria; authorizing the secretary to review a
54 specified list and provide comments to the
55 Legislature; requiring that specified grant funds meet
56 certain criteria and are used for certain purposes;
57 requiring the secretary to submit a recommended list
58 to the Legislature for funding consideration;
59 providing activities and programs for which the
60 division may award grants; revising items for which
61 the division may adopt rules; prohibiting applicants
62 for grant funding from having substantial interests
63 for certain recommendations; requiring the secretary
64 to submit a recommended list to the Legislature for
65 funding consideration; authorizing the council and
66 secretary to provide a separate list for certain
67 activities and programs; providing applicability;
68 providing expiration dates for certain purposes;
69 amending s. 265.2865, F.S.; authorizing, rather than
70 requiring, the council to accept and recommend
71 nominations for certain purposes annually; reducing
72 the number of members the secretary may name to the
73 Florida Artists Hall of Fame in any nomination year;
74 authorizing, rather than requiring, the secretary to
75 annually request an appropriation for certain
76 purposes; amending s. 265.701, F.S.; deleting an
77 authorization for certain grant funds to be used to
78 acquire cultural facilities; authorizing the secretary
79 to review a specified list and provide comments to the
80 Legislature; requiring that grant funds meet certain
81 criteria and are used for certain purposes; defining
82 the term “harmful to minors”; requiring the secretary
83 to submit a recommended list to the Legislature for
84 funding considerations; authorizing the council and
85 secretary to provide a separate list for certain
86 activities and programs; providing applicability;
87 providing expiration dates for a certain purpose;
88 amending s. 265.703, F.S.; revising the programs for
89 which citizen support organizations may provide
90 support; amending s. 265.803, F.S.; revising
91 programmatic set-up and functions of the Florida
92 Folklife Council; amending s. 267.0612, F.S.;
93 requiring the secretary to review special category
94 historic preservation grants-in-aid recommendations of
95 the Florida Historical Commission; amending s.
96 267.0617, F.S.; deleting a provision that requires
97 certain funds to be credited to the Historical
98 Resources Operating Trust Fund; authorizing the
99 secretary to review specified lists and provide
100 comments to the Legislature; requiring that grant
101 funds meet certain criteria and are used for certain
102 purposes; requiring the secretary to submit
103 recommended lists to the Legislature for funding
104 consideration; defining the term “harmful to minors”;
105 repealing s. 267.0722, F.S., relating to the Florida
106 Museum of Black History; amending s. 267.075, F.S.;
107 deleting provisions relating to The Grove Advisory
108 Council; amending s. 267.21, F.S.; revising mechanisms
109 by which state funds to assist abandoned African
110 American cemeteries may be awarded; authorizing the
111 secretary to review a specified list and provide
112 comments to the Legislature; requiring that grant
113 funds meet certain criteria and are used for certain
114 purposes; requiring the secretary to submit a
115 recommended list to the Legislature for funding
116 consideration; defining the term “harmful to minors”;
117 amending s. 267.22, F.S.; revising programmatic duties
118 and composition of the Historic Cemeteries Program
119 Advisory Council; requiring the council to evaluate
120 proposals for awards of grants relating to abandoned
121 African-American cemeteries; providing an effective
122 date.
123
124 Be It Enacted by the Legislature of the State of Florida:
125
126 Section 1. Section 113.01, Florida Statutes, is repealed.
127 Section 2. Section 113.02, Florida Statutes, is repealed.
128 Section 3. Section 113.03, Florida Statutes, is repealed.
129 Section 4. Section 113.051, Florida Statutes, is amended to
130 read:
131 113.051 Grants and commissions.—All grants and commissions
132 shall be in the name and under the authority of the State of
133 Florida, sealed with the great seal of the state, signed by the
134 Governor, and countersigned by the Secretary of State. A
135 commission may not be issued by the Governor or attested to by
136 the Secretary of State and may not bear the seal of the state
137 until the oath of office is filed as required by s. 113.06.
138 Section 5. Subsection (2) of section 117.01, Florida
139 Statutes, is amended to read:
140 117.01 Appointment, application, suspension, revocation,
141 application fee, bond, and oath.—
142 (2) The application for appointment must shall be signed
143 and sworn to by the applicant and must shall be accompanied by a
144 fee of $25, together with the $10 commission fee required by s.
145 113.01, and a surcharge of $4, which $4 is appropriated to the
146 Executive Office of the Governor to be used to educate and
147 assist notaries public. The Executive Office of the Governor may
148 contract with private vendors to provide the services set forth
149 in this section. However, a no commission fee is not shall be
150 required for the issuance of a commission as a notary public to
151 a veteran who served during a period of wartime service, as
152 defined in s. 1.01(14), and who has been rated by the United
153 States Government or the United States Department of Veterans
154 Affairs or its predecessor to have a disability rating of 50
155 percent or more; such a disability is subject to verification by
156 the Secretary of State, who has authority to adopt reasonable
157 procedures to implement this act. The oath of office and notary
158 bond required by this section must shall also accompany the
159 application and must shall be in a form prescribed by the
160 Department of State which must shall require, but is not be
161 limited to, the following information: full name, residence
162 address and telephone number, business address and telephone
163 number, date of birth, race, sex, social security number,
164 citizenship status, driver license number or the number of other
165 official state-issued identification, affidavit of good
166 character from someone unrelated to the applicant who has known
167 the applicant for 1 year or more, a list of all professional
168 licenses and commissions issued by the state during the previous
169 10 years and a statement as to whether or not the applicant has
170 had such license or commission revoked or suspended, and a
171 statement as to whether or not the applicant has been convicted
172 of a felony, and, if there has been a conviction, a statement of
173 the nature of the felony and restoration of civil rights. The
174 applicant may not use a fictitious or assumed name other than a
175 nickname on an application for commission. The application must
176 shall be maintained by the Department of State for the full term
177 of a notary commission. A notary public shall notify, in
178 writing, the Department of State of any change in his or her
179 business address, home telephone number, business telephone
180 number, home address, or criminal record within 60 days after
181 such change. The Governor may require any other information he
182 or she deems necessary for determining whether an applicant is
183 eligible for a notary public commission. Each applicant must
184 swear or affirm on the application that the information on the
185 application is true and correct.
186 Section 6. Subsection (3) of section 117.225, Florida
187 Statutes, is amended to read:
188 117.225 Registration; qualifications.—A notary public, a
189 civil-law notary appointed under chapter 118, or a commissioner
190 of deeds appointed under part IV of chapter 721 may complete
191 registration as an online notary public with the Department of
192 State by:
193 (3) Paying a notary public registration fee as required by
194 s. 113.01.
195 Section 7. Paragraph (b) of subsection (2) of section
196 117.295, Florida Statutes, is amended to read:
197 117.295 Standards for electronic and online notarization;
198 rulemaking authority.—
199 (2) The Department of State shall:
200 (b) Publish on its website a list containing each online
201 notary public, the online notary public’s RON service providers
202 from January 1, 2022, and thereafter, the effective dates during
203 which the online notary public used each RON service provider,
204 as identified pursuant to ss. 117.225(4) and 117.265(5)(b) ss.
205 117.225(5) and 117.265(5)(b), any secure repositories to which
206 the online notary public may have delegated his or her duties
207 pursuant to s. 117.245(4) from January 1, 2022, and thereafter,
208 and the effective dates of that delegation.
209 Section 8. Subsection (1) of section 257.031, Florida
210 Statutes, is amended to read:
211 257.031 State Librarian; appointment and duties.—
212 (1) The State Librarian shall be appointed by the Secretary
213 of State, shall have completed a library school program
214 accredited by a national library professional the American
215 Library association, and shall serve as the director of the
216 Division of Library and Information Services of the Department
217 of State. The Secretary of State may, in making the appointment
218 of State Librarian, consult the members of the State Library
219 Council.
220 Section 9. Subsection (4) is added to section 257.12,
221 Florida Statutes, to read:
222 257.12 Division of Library and Information Services
223 authorized to accept and expend federal funds.—
224 (4) The State Library Council, as provided in s. 257.02,
225 shall develop recommendations for providing available federal
226 funds to public libraries. The secretary may review and identify
227 the funding recommendation list to identify whether federal
228 grant funds awarded under this section are expended in
229 compliance with all federal, state, and local laws and
230 regulations and are used only for activities and programs that
231 are not harmful to minors. For purposes of this subsection, the
232 term “harmful to minors” means any reproduction, imitation,
233 characterization, description, exhibition, presentation, or
234 representation, in any manner or form, depicting sexual conduct
235 or sexual excitement as those terms are defined in s. 847.001.
236 Section 10. Paragraph (a) of subsection (2) of section
237 257.17, Florida Statutes, is amended to read:
238 257.17 Operating grants.—A political subdivision that has
239 been designated by a county or municipality as the single
240 library administrative unit is eligible to receive from the
241 state an annual operating grant of not more than 25 percent of
242 all local funds expended by that political subdivision during
243 the second preceding fiscal year for the operation and
244 maintenance of a library, under the following conditions:
245 (2) The library established or maintained by such political
246 subdivision shall:
247 (a) Be operated under a single administrative head who is
248 an employee of the single library administrative unit and who
249 has completed a library education program accredited by a
250 national library professional the American Library association.
251 The single administrative head shall have at least 2 years of
252 full-time paid professional experience, after completing the
253 library education program, in a public library that is open to
254 the public for a minimum of 40 hours per week.
255 Section 11. Section 257.191, Florida Statutes, is amended
256 to read:
257 257.191 Construction grants.—
258 (1) The Division of Library and Information Services may
259 accept and administer library construction moneys appropriated
260 to it and shall allocate such appropriation to municipal,
261 county, and regional libraries in the form of library
262 construction grants on a matching basis. The local matching
263 portion shall be no less than the grant amount, on a dollar-for
264 dollar basis, up to the maximum grant amount, unless the
265 matching requirement is waived by s. 288.06561. Initiation of a
266 library construction project 12 months or less prior to the
267 grant award under this section shall not affect the eligibility
268 of an applicant to receive a library construction grant. The
269 division shall adopt rules for the administration of library
270 construction grants. For the purposes of this section, s. 257.21
271 does not apply.
272 (2)(a) The secretary shall identify whether the library
273 construction grants awarded under this section are expended in
274 compliance with all federal, state, and local laws and
275 regulations and are used only for activities and programs that
276 are not harmful to minors. For purposes of this paragraph, the
277 term “harmful to minors” means any reproduction, imitation,
278 characterization, description, exhibition, presentation, or
279 representation, in any manner or form, depicting sexual conduct
280 or sexual excitement as those terms are defined in s. 847.001.
281 (b) The secretary shall submit a recommended list to the
282 Legislature for funding consideration.
283 Section 12. Section 257.23, Florida Statutes, is amended to
284 read:
285 257.23 Application for grant.—
286 (1) The board of county commissioners of any county, the
287 chief executive officer of a municipality, or the governing body
288 of a special district or a special tax district desiring to
289 receive a grant under the provisions of ss. 257.14-257.25 shall
290 apply therefor to the Division of Library and Information
291 Services on or before October 1 of each year on a form to be
292 provided by the division. The application shall be signed by the
293 chair of the board of county commissioners and attested by the
294 clerk of the circuit court or the appropriate officer in a
295 charter county, by the chief executive officer of a municipality
296 and attested by the clerk of the municipality, or by the chair
297 of the governing body and attested by the chief financial
298 officer of a special district or a special tax district. The
299 county, municipality, special district, or special tax district
300 shall agree to observe the standards established by the division
301 as authorized in s. 257.15. On or before December 1 each year,
302 the applicant shall certify the annual tax income and the rate
303 of tax or the annual appropriation for the free library or free
304 library service, and shall furnish such other pertinent
305 information as the division may require.
306 (2) The secretary shall identify whether grants awarded
307 under this section are expended in compliance with all federal,
308 state, and local laws and regulations and are used only for
309 activities and programs that are not harmful to minors. For
310 purposes of this subsection, the term “harmful to minors” means
311 any reproduction, imitation, characterization, description,
312 exhibition, presentation, or representation, in any manner or
313 form, depicting sexual conduct or sexual excitement as those
314 terms are defined in s. 847.001.
315 Section 13. Section 257.34, Florida Statutes, is repealed.
316 Section 14. Section 257.42, Florida Statutes, is amended to
317 read:
318 257.42 Library cooperative grants.—
319 (1) The administrative unit of a library cooperative is
320 eligible to receive an annual grant from the state for the
321 purpose of sharing library resources based upon an annual plan
322 of service and expenditure and an annually updated 5-year, long
323 range plan of cooperative library resource sharing. Those plans,
324 which must include a component describing how the cooperative
325 will share technology and the use of technology, must be
326 submitted to the division for evaluation and possible
327 recommendation for funding in the division’s legislative budget
328 request. Grant funds may not be used to supplant local funds or
329 other funds. A library cooperative must provide from local
330 sources matching cash funds equal to 10 percent of the grant
331 award.
332 (2) The secretary shall identify whether state grant funds
333 awarded under this section are expended in compliance with all
334 federal, state, and local laws and regulations and are used only
335 for activities and programs that are not harmful to minors. For
336 purposes of this subsection, the term “harmful to minors” means
337 any reproduction, imitation, characterization, description,
338 exhibition, presentation, or representation, in any manner or
339 form, depicting sexual conduct or sexual excitement as those
340 terms are defined in s. 847.001.
341 Section 15. Subsections (12), (16) and (17) of section
342 265.283, Florida Statutes, are amended to read:
343 265.283 Definitions.—The following definitions shall apply
344 to ss. 265.281-265.703:
345 (12) “Panel” means a grant review panel.
346 (16) “State touring program grants” means grants used to
347 provide performances, activities, and exhibitions by Florida
348 artists to communities.
349 (17) “Underserved arts community assistance program grants”
350 means grants used by qualified organizations under the Rural
351 Economic Development Initiative, pursuant to ss. 288.0656 and
352 288.06561, for the purpose of economic and organizational
353 development for underserved cultural organizations.
354 Section 16. Subsection (1) of section 265.284, Florida
355 Statutes, is amended to read:
356 265.284 Chief arts and culture cultural officer; director
357 of division; powers and duties.—
358 (1) The secretary of State is the chief arts and culture
359 cultural officer of the state.
360 Section 17. Paragraphs (a) and (c) of subsection (1) and
361 paragraphs (c), (e), (f), and (g) of subsection (2) of section
362 265.285, Florida Statutes, are amended to read:
363 265.285 Florida Council on Arts and Culture; membership,
364 duties.—
365 (1)(a) The Florida Council on Arts and Culture is created
366 within the department as an advisory body, as defined in s.
367 20.03(7). The council shall be composed of, consisting of 15
368 members. Seven members shall be appointed by the Governor in
369 consultation with the Secretary of State, four members shall be
370 appointed by the President of the Senate, and four members shall
371 be appointed by the Speaker of the House of Representatives. Of
372 the seven members appointed by the Governor, one member must be
373 a licensed architect who has expertise in cultural facilities;
374 one member must be an enrolled member of the Seminole Tribe of
375 Florida; one member must be a professional public folklorist;
376 one member must be a university affiliated folklorist; one
377 member must be a practicing or former professional artist; and
378 one member must be a retired chief executive officer of a
379 Florida-based accredited museum. The remaining member appointed
380 by the Governor and the four members appointed by the President
381 of the Senate and the Speaker of the House of Representatives,
382 respectively, must be representatives of the public with
383 demonstrated interest in and knowledge of the arts, culture,
384 museums, folklore, and cultural heritage traditions. The
385 appointments that are, to be made in consultation with the
386 Secretary of State, shall recognize the need for geographical
387 representation. Council members appointed by the Governor shall
388 be appointed for 4-year terms beginning on January 1 of the year
389 of appointment. Council members appointed by the President of
390 the Senate and the Speaker of the House of Representatives shall
391 be appointed for 2-year terms beginning on January 1 of the year
392 of appointment. A member of the council who serves two 4-year
393 terms or two 2-year terms is not eligible for reappointment for
394 1 year following the expiration of the member’s second term. A
395 member whose term has expired shall continue to serve on the
396 council until such time as a replacement is appointed. Any
397 vacancy on the council shall be filled for the remainder of the
398 unexpired term in the same manner as for the original
399 appointment. Members should have a substantial history of
400 community service in the performing or visual arts, which
401 includes, but is not limited to, theater, dance, folk and
402 traditional arts, music, architecture, photography, literature,
403 and media arts, or in the areas of science, history, or
404 children’s museums. In addition, it is desirable that members
405 have successfully served on boards of cultural institutions such
406 as museums and performing arts centers or are recognized as
407 patrons of the arts. A member may not receive financial
408 compensation as an employee or officer of an entity that has
409 received grant funds or an applicant for division grant funding
410 recommendations. This prohibition does not apply to an employee
411 or officer of a state college or university.
412 (c) Members of the council and panels may not receive any
413 compensation for their services but shall be reimbursed for
414 travel and expenses incurred in the performance of their duties,
415 as provided in s. 112.061.
416 (2) The council shall:
417 (c) Encourage the participation in and appreciation of
418 arts, and culture, and folklife to meet the needs and
419 aspirations of persons in all parts of the state.
420 (e) Encourage arts and culture development within
421 communities and assist freedom of artistic expression that is
422 essential for the well-being of the arts.
423 (f) Advise the secretary in matters concerning the awarding
424 of grants for arts and culture as authorized in this act and
425 make funding recommendations for activities and programs that
426 are not harmful to minors. For purposes of this paragraph, the
427 term “harmful to minors” means any reproduction, imitation,
428 characterization, description, exhibition, presentation, or
429 representation, in any manner or form, depicting sexual conduct
430 or sexual excitement as those terms are defined in s. 847.001.
431 (g) Promote and assist with division programs, such as the
432 Major John Leroy Haynes Florida Veterans’ History Program, the
433 Arts and Culture recognition award program, and the
434 apprenticeship program the reading, writing, and appreciation of
435 poetry throughout the state and accept nominations and recommend
436 nominees for appointment as the State Poet Laureate under s.
437 265.2863.
438 Section 18. Section 265.286, Florida Statutes, is amended
439 to read:
440 265.286 Arts Art and cultural grants.—
441 (1) For purposes of this section, the term “harmful to
442 minors” means any reproduction, imitation, characterization,
443 description, exhibition, presentation, or representation, in any
444 manner or form, depicting sexual conduct or sexual excitement as
445 those terms are defined in s. 847.001.
446 (2) The division shall accept applications for arts and
447 cultural grants for activities and programs identified in
448 subsection (8) and based on the rules adopted under this
449 section.
450 (3) To be eligible for a grant, an applicant must:
451 (a) Be a nonprofit, tax-exempt Florida corporation or a
452 local or state governmental entity, school district, community
453 college, college, university, agency of state government, or
454 artist engaged in or concerned with arts and cultural
455 activities.
456 (b) Conduct activities and programs that are not harmful to
457 minors.
458 (c) Strictly conform with all applicable local, state, and
459 federal laws and regulations.
460 (4)(1) The secretary may appoint reviewers review panels
461 consisting of members from various art and cultural disciplines
462 and programs to assist the council in the grant application
463 review process. Appointed reviewers shall review Each panel
464 member shall be appointed to a 1-year term. Each panel shall
465 consist of practicing artists or other professionals actively
466 involved in the specific discipline or program for which the
467 panel has been appointed. Each panel shall review and score
468 grant applications and recommend to the council the applicants
469 to which grants may should be awarded. The panels shall submit
470 lists of eligible applicants by score. The division shall adopt
471 rules establishing a formula for such scoring.
472 (5)(2) The council and each panel shall provide a forum for
473 public comment before voting on any grant application.
474 (6)(3) After the council reviews the recommended lists of
475 eligible applicants submitted by each review panel, it shall
476 develop a list of recommended arts and culture grants two lists,
477 one of which must consist of eligible applicants for general
478 program support funding and one of which must consist of
479 eligible applicants for specific cultural project funding, and
480 submit the list lists to the secretary. The secretary may review
481 and provide comments to the Legislature concerning the
482 recommended applicants. Funds awarded under this section must be
483 expended in compliance with all federal, state, and local laws
484 and regulations and used only for activities and programs that
485 are not harmful to minors. The secretary shall submit the
486 recommended list to the Legislature annually for funding
487 consideration shall review the council’s recommendations and,
488 beginning July 1, 2010, include the lists of approved applicants
489 in the department’s legislative budget request submitted to the
490 Legislature.
491 (7)(4) Arts and cultural Project grants shall be funded
492 from the secretary’s submitted approved list by score until all
493 appropriated funds are depleted. If specific project grant funds
494 are returned to the division, it must shall award such funds to
495 the next grant applicant on the secretary’s list of approved
496 applicants. General program support grants shall be awarded to
497 applicants on the secretary’s list in amounts determined by
498 rule.
499 (8)(5) The division shall administer awarded grants fund:
500 (a) To supplement the financial support of artistic and
501 cultural activities and programs that, without the assistance,
502 may otherwise be unavailable to Florida residents Grants for
503 general program support for science museums, youth and
504 children’s museums, historical museums, local arts agencies,
505 state service organizations, and organizations that have
506 cultural program activities in any of the art and cultural
507 disciplines defined in s. 265.283.
508 (b) To activities and programs that have substantial
509 artistic and cultural significance and emphasize creativity and
510 professional excellence Grants for specific cultural projects
511 for arts in education, museums, Culture Builds Florida, or
512 nonprofit public or private organizations having cultural
513 project activity in any of the art and cultural disciplines.
514 (c) To activities and programs that meet the professional
515 standards or standards of authenticity of significant merit,
516 regardless of origin Grants for a touring program that has a
517 selection procedure that ensures the maximum opportunity for
518 Florida artists and cultural groups.
519 (d) To activities and programs that are not harmful to
520 minors An individual artist fellowship program. The division
521 shall establish a selection procedure that identifies individual
522 artists of exceptional talent and demonstrated ability and
523 distribute grant appropriations as provided by rule.
524 (e) To other programs consistent with the purpose of this
525 act.
526 (9)(6) The division may shall adopt rules establishing:
527 (a) Eligibility criteria for the award of grants, which may
528 include, but need not be limited to, application requirements,
529 allowable and nonallowable costs, program quality, artistic
530 quality, creativity, potential public exposure and benefit, the
531 ability to properly administer grant funds, professional
532 excellence, fiscal stability, state or regional impact and
533 economic development, matching requirements, and other
534 requirements to further the purposes of this act.
535 (b) Particular grant programs, categories of grants, and
536 procedures necessary for the prudent administration of the grant
537 programs.
538 (c) The panel review process, including, but not limited
539 to, criteria for reviewing grant applications to identify
540 whether there is ensure compliance with applicable federal and
541 state law, including those related to discrimination and
542 conflicts of interest and whether the activities and programs
543 are harmful to minors. The division may not award any new grant
544 that will, in whole or in part, inure to the personal benefit of
545 any council or review panel member during the member’s term of
546 office or reviewer if the council or panel member or reviewer
547 participated in the vote of the council or reviewer panel
548 recommending the award. This paragraph does not prohibit the
549 division from awarding a grant to an entity with which a council
550 or panel member or reviewer is associated.
551 (7) The division shall award grants:
552 (a) To supplement the financial support of artistic and
553 cultural activities and programs that, without the assistance,
554 may otherwise be unavailable to Florida residents.
555 (b) To activities and programs that have substantial
556 artistic and cultural significance and emphasize creativity and
557 professional excellence.
558 (c) To activities and programs that meet the professional
559 standards or standards of authenticity of significant merit,
560 regardless of origin.
561 (d) For other reasons consistent with this act.
562 (8) Eligible grantees must:
563 (a) Be a nonprofit, tax-exempt Florida corporation; or
564 (b) A local or state governmental entity, school district,
565 community college, college, university, agency of state
566 government, or artist engaged in or concerned with arts and
567 cultural activities.
568 (10)(9) In order to equitably distribute limited state
569 funding, applicants may apply for and be awarded only one grant
570 per annual grant cycle, except for cultural facilities, a
571 cultural endowment, or touring program grants and individual
572 artist fellowships.
573 (11)(10) Of the total amount of grant funds available from
574 all sources for grants, except cultural facilities and cultural
575 endowments, 70 percent shall be awarded on at least a dollar-to
576 dollar matching basis. Up to 50 percent of the grantee’s match
577 may consist of in-kind funds. Up to 30 percent of all grant
578 funds may be awarded on a nonmatching basis, including
579 individual fellowships.
580 (12) An applicant seeking a recommendation from a reviewer
581 for grant funding may not have a substantial interest as set
582 forth in s. 120.569 in any of its requested recommendations.
583 (13)(11) The division may shall adopt rules to administer
584 and implement this section.
585 (14) Effective upon this act becoming a law, the secretary
586 shall request, and the council shall submit, an updated list of
587 activities and programs that comply with the requirements of
588 this section. After reviewing and making comments, the secretary
589 shall submit a recommended list to the Legislature for funding
590 consideration in the General Appropriations Act for fiscal year
591 2025-2026. This subsection expires July 1, 2026.
592 (15) The council and the secretary may provide a separate
593 list for activities and programs that support America250 and
594 celebrate the 250th anniversary of the signing of the
595 Declaration of Independence on July 4, 1776. This subsection
596 applies only if the date this act becomes law occurs before the
597 Legislature passes the General Appropriations Act for fiscal
598 year 2025-2026. This subsection expires July 4, 2026.
599 Section 19. Subsections (3), (4), and (7) of section
600 265.2865, Florida Statutes, are amended to read:
601 265.2865 Florida Artists Hall of Fame.—
602 (3) The Florida Council on Arts and Culture may shall
603 accept nominations annually for persons to be recommended as
604 members of the Florida Artists Hall of Fame. The council may
605 shall recommend to the Secretary of State persons to be named as
606 members of the Florida Artists Hall of Fame. The council’s
607 recommended council shall recommend as members to of the Florida
608 Artists Hall of Fame must be persons who were born in Florida or
609 adopted Florida as their home state and base of operation and
610 who have made a significant contribution to the enhancement of
611 the arts in this state.
612 (4) The Secretary of State shall name no more than three
613 four members to the Florida Artists Hall of Fame in any one
614 nomination year.
615 (7) The Secretary of State may shall annually request an
616 appropriation sufficient to carry out the purposes of this
617 section.
618 Section 20. Subsections (1), (2), and (3) of section
619 265.701, Florida Statutes, are amended, and subsections (6) and
620 (7) are added to that section, to read:
621 265.701 Cultural facilities; grants for acquisition,
622 renovation, or construction; funding; approval; allocation.—
623 (1) The Division of Arts and Culture may accept and
624 administer moneys appropriated to it for providing grants to
625 counties, municipalities, and qualifying nonprofit corporations
626 for the acquisition, renovation, or construction of cultural
627 facilities.
628 (2) A county, municipality, or qualified corporation may
629 apply for a grant of state funds for the acquisition,
630 renovation, or construction of a cultural facility. For the
631 purposes of this section, a “qualified corporation” is a
632 corporation which is designated a not-for-profit corporation
633 pursuant to s. 501(c)(3) or (4) of the Internal Revenue Code of
634 1954, and which is described in, and allowed to receive
635 contributions pursuant to the provisions of, s. 170 of the
636 Internal Revenue Code of 1954, and which is a corporation not
637 for profit incorporated pursuant to chapter 617. The state grant
638 must be matched by a contribution from the county, municipality,
639 or nonprofit corporation in an amount to be determined by the
640 Department of State.
641 (3) The Florida Council on Arts and Culture shall review
642 each application for a grant to acquire, renovate, or construct
643 a cultural facility which is submitted pursuant to subsection
644 (2) and shall submit annually to the Secretary of State for
645 approval lists of all applications that are recommended by the
646 council for the award of grants, arranged in order of priority.
647 The secretary may review and provide comments to the Legislature
648 concerning the recommended applicants. Funds awarded under this
649 section must be expended in compliance with all federal, state,
650 and local laws and regulations and used only for activities and
651 programs that are not harmful to minors. The secretary shall
652 submit the recommended list to the Legislature for funding
653 consideration. For purposes of this subsection, the term
654 “harmful to minors” means any reproduction, imitation,
655 characterization, description, exhibition, presentation, or
656 representation, in any manner or form, depicting sexual conduct
657 or sexual excitement as those terms are defined in s. 847.001.
658 The division may allocate grants only for projects that are
659 approved or for which funds are appropriated by the Legislature.
660 Projects approved and recommended by the Secretary of State
661 which are not funded by the Legislature shall be retained on the
662 project list for the following grant cycle only. All projects
663 that are retained shall be required to submit such information
664 as may be required by the department as of the established
665 deadline date of the latest grant cycle in order to adequately
666 reflect the most current status of the project.
667 (6) Effective upon this act becoming a law, the secretary
668 shall request, and the council shall submit, an updated list of
669 projects that comply with the requirements of this section.
670 After reviewing and making comments, the secretary shall submit
671 the recommended list to the Legislature for funding
672 consideration in the General Appropriations Act for fiscal year
673 2025-2026. This subsection expires July 1, 2026.
674 (7) The council and the secretary may provide a separate
675 list for activities and programs that support America250 and
676 celebrate the 250th anniversary of the signing of the
677 Declaration of Independence on July 4, 1776. This subsection
678 applies only if the date this act becomes law occurs before the
679 Legislature passes the General Appropriations Act for fiscal
680 year 2025-2026. This subsection expires July 4, 2026.
681 Section 21. Subsection (1) of section 265.703, Florida
682 Statutes, is amended to read:
683 265.703 Citizen support organizations; use of state
684 administrative services and property; audit.—
685 (1) CITIZEN SUPPORT ORGANIZATIONS.—The division may support
686 the establishment of citizen support organizations to provide
687 assistance, funding, and promotional support for the cultural,
688 arts, historical, and museum, and international and
689 intergovernmental programs of the division. For the purposes of
690 this section, a “citizen support organization” means an
691 organization which is:
692 (a) A Florida corporation not for profit incorporated under
693 the provisions of chapter 617 and approved by the Department of
694 State.
695 (b) Organized and operated to conduct programs and
696 activities; raise funds; request and receive grants, gifts, and
697 bequests of money; acquire, receive, hold, invest, and
698 administer, in its own name, securities, funds, objects of
699 value, or other property, real or personal; and make
700 expenditures to or for the direct or indirect benefit of the
701 division, or individual program units, or international and
702 intergovernmental programs of the division.
703 (c) Determined by the division to be consistent with the
704 goals of the division and in the best interests of the state.
705 (d) Approved in writing by the division to operate for the
706 direct or indirect benefit of the division. Such approval shall
707 be given in a letter of agreement from the division.
708 Section 22. Paragraph (a) of subsection (1) of section
709 265.803, Florida Statutes, is amended to read:
710 265.803 Florida Folklife Council.—
711 (1)(a) The Florida Folklife Council is created as a sub
712 council within part of the Florida Council on Arts and Culture
713 created by s. 265.285 Department of State, to be composed of
714 consist of seven members appointed by the Secretary of State
715 from the membership of the Florida Council on Arts and Culture.
716 The Secretary of State shall appoint each member for a 4-year
717 term and shall appoint a successor for each member within 90
718 days after the expiration of the member’s term. The Secretary of
719 State shall fill any vacancy for the remainder of the unexpired
720 term within 90 days after the vacancy occurs. Members shall be
721 appointed to provide geographical, cultural, traditional ethnic,
722 and professional representation on the council.
723 Section 23. Paragraph (c) of subsection (6) of section
724 267.0612, Florida Statutes, is amended to read:
725 267.0612 Florida Historical Commission; creation;
726 membership; powers and duties.—In order to enhance public
727 participation and involvement in the preservation and protection
728 of the state’s historic and archaeological sites and properties,
729 there is created within the Department of State the “Florida
730 Historical Commission.” The commission shall serve in an
731 advisory capacity to the director of the Division of Historical
732 Resources to assist the director in carrying out the purposes,
733 duties, and responsibilities of the division, as specified in
734 this chapter.
735 (6) It shall be the responsibility of the commission to
736 provide assistance, advice, and recommendations to the division
737 in:
738 (c) Evaluating proposals for awards of special category
739 historic preservation grants-in-aid administered by the
740 division. Pursuant thereto, the commission shall review and
741 evaluate proposals for special category grants and shall make
742 recommendations, including a priority ranking, reflecting such
743 evaluation. In making such evaluation and recommendations, the
744 commission shall, at a minimum, consider the purpose, economic
745 and other public benefit, location, compatibility with statewide
746 historic preservation priorities, and cost of each proposal for
747 special category grant assistance. Special category historic
748 preservation grants-in-aid recommendations of the commission
749 shall be reviewed by the Secretary of State as provided in s.
750 267.0617.
751 Section 24. Subsections (2) and (3) of section 267.0617,
752 Florida Statutes, are amended to read:
753 267.0617 Historic Preservation Grant Program.—
754 (2) The division is authorized to conduct and carry out a
755 program of historic preservation grants-in-aid, including
756 matching grants, to any department or agency of the state; any
757 unit of county, municipal, or other local government; any
758 corporation, partnership, or other organization, whether public
759 or private or whether or not for profit; or any individual for
760 projects having as their purpose the identification,
761 acquisition, protection, preservation, rehabilitation,
762 restoration, or construction of historic sites and properties,
763 or Florida history, or the planning of such activities. Funds
764 appropriated from general revenue for the historic preservation
765 grants-in-aid program shall not be provided for a project owned
766 by private individuals or owned by for-profit corporations. All
767 moneys received from any source as appropriations, deposits, or
768 contributions to this program shall be paid and credited to the
769 Historical Resources Operating Trust Fund.
770 (3) All grants of state funds to assist in the preservation
771 of historic properties shall be made from the Historical
772 Resources Operating Trust Fund and may be awarded only pursuant
773 to applications for such assistance made to the Division of
774 Historical Resources. The Florida Historical Commission shall
775 review each application for a special category historic
776 preservation grant-in-aid. Special category historic
777 preservation grants-in-aid are those reviewed and recommended by
778 the Secretary of State for submission for legislative funding
779 consideration. Grant review panels appointed by the Secretary of
780 State and chaired by a member of the Florida Historical
781 Commission or a designee appointed by the commission’s presiding
782 officer shall review each application for other historic
783 preservation grants-in-aid. Each The reviewing body shall submit
784 annually to the Secretary of State for approval lists of all
785 historic preservation grant-in-aid applications that are
786 recommended by the reviewing body for the award of grants,
787 arranged in order of priority. The Secretary of State may review
788 and provide comments to the Legislature concerning the
789 recommended applicants. Funds awarded under this section must be
790 expended in compliance with all federal, state, and local laws
791 and regulations and used only for activities and programs that
792 are not harmful to minors. The Secretary shall submit the
793 recommended lists to the Legislature for funding consideration.
794 For purposes of this subsection, the term “harmful to minors”
795 means any reproduction, imitation, characterization,
796 description, exhibition, presentation, or representation, in any
797 manner or form, depicting sexual conduct or sexual excitement as
798 those terms are defined in s. 847.001.
799 Section 25. Section 267.0722, Florida Statutes, is
800 repealed.
801 Section 26. Section 267.075, Florida Statutes, is amended
802 to read:
803 267.075 The Grove; management; stewardship Advisory
804 Council; creation; membership; purposes.—
805 (1) The Call/Collins House, commonly known as “The Grove,”
806 located in Tallahassee, Leon County, shall be utilized as a
807 house museum of history for the educational benefit of the
808 citizens of this state. The utilization of The Grove as a museum
809 of history shall emphasize the lives and accomplishments of The
810 Grove’s first owner, Richard Keith Call, Florida’s last
811 Territorial Governor, and LeRoy Collins, Florida’s 33rd
812 Governor, who, with his wife, Mary Call Darby Collins, were the
813 last owners of The Grove. The faithful restoration and
814 maintenance of The Grove undertaken by LeRoy Collins and Mary
815 Call Darby Collins during the nearly six decades of Collins
816 family ownership and stewardship which has preserved the
817 original plan of construction and design of The Grove shall be
818 continued as provided for in this section.
819 (2) There is created within the Department of State The
820 Grove Advisory Council for the purpose of advising the Division
821 of Historical Resources on the operation, maintenance,
822 preservation, and protection of the Call/Collins House, commonly
823 known as “The Grove,” its grounds, cemetery, and all structures
824 thereon; the furniture and furnishings located therein; any
825 changes in the architecture, structure, furnishings, or
826 landscaping deemed necessary or desirable by the council; and
827 the design and development of interpretive programs and exhibits
828 in connection therewith.
829 (3)(a) The Grove Advisory Council shall be composed of
830 eight members, as follows:
831 1. Five members shall be private citizens appointed by the
832 Secretary of State.
833 2. One member shall be the Secretary of Management Services
834 or his or her designee.
835 3. One member shall be the director of the Division of
836 Historical Resources of the Department of State.
837 4. At least one member shall be a direct descendant of Mary
838 Call Darby Collins appointed by the Secretary of State with the
839 advice of the oldest living generation of lineal descendants of
840 Mary Call Darby Collins.
841
842 Of the citizen members, at least one member shall have
843 professional curatorial and museum expertise, one member shall
844 have professional architectural expertise in the preservation of
845 historic buildings, and one member shall have professional
846 landscape expertise. The five citizen members of the council
847 appointed by the Secretary of State and the member of the
848 council who is a direct descendant of Mary Call Darby Collins
849 appointed by the Secretary of State shall be appointed for
850 staggered 4-year terms. The Secretary of State shall fill the
851 remainder of unexpired terms for the five citizen members of the
852 council and the member of the council who is a direct descendant
853 of Mary Call Darby Collins.
854 (b) The council shall annually elect a chair from among the
855 five citizen members of the council appointed by the Secretary
856 of State and the member of the council who is a direct
857 descendant of Mary Call Darby Collins appointed by the Secretary
858 of State. The chair shall serve for a term of 1 year. Meetings
859 of the council shall be held at the call of the chair, at the
860 request of a majority of its membership, at the request of the
861 Secretary of State, or at such times as may be prescribed by
862 rules of the council. The council shall meet at least twice
863 annually. A majority of the council shall constitute a quorum
864 for the transaction of business.
865 (c) The council shall obtain clerical, expert, technical,
866 or other services from the Division of Historical Resources. The
867 Department of Management Services shall provide reasonable
868 assistance to the Department of State in carrying out the
869 purposes of this section.
870 (d) Members of the council shall serve without compensation
871 or honorarium but shall be entitled to receive reimbursement for
872 per diem and travel expenses as provided in s. 112.061. All
873 expenses of the council shall be paid from appropriations to be
874 made by the Legislature to the Department of State. All vouchers
875 shall be approved by the Division of Historical Resources before
876 being submitted to the Chief Financial Officer for payment.
877 (2)(4)(a) The Division of Historical Resources, with the
878 advice and assistance of the council, shall maintain the
879 structure, style, character, and landscaping of The Grove, its
880 grounds, its private family cemetery, and all structures thereon
881 consistent with the character, plan, and design of The Grove at
882 the time the state takes physical possession of The Grove and
883 its surrounding property from Mary Call Darby Collins. It shall
884 preserve and protect the antique furnishings and other articles
885 of furniture, fixtures, and decorative objects and articles used
886 or displayed in the premises.
887 (b) The Division of Historical Resources shall catalog and
888 maintain a descriptive, photographic inventory of the
889 furnishings, fixtures, and decorative objects and articles used
890 or displayed in the premises.
891 (c) The Division of Historical Resources may receive, on
892 behalf of the state, contributions, bequests, and gifts of
893 money, furniture, works of art, memorabilia, or other property
894 consistent with the use of The Grove as described in this
895 section. Title to all property which is received in this manner
896 shall vest in the state and shall be held in trust by the
897 Division of Historical Resources solely to further the purposes
898 of this section. No furniture, furnishings, fixtures, or
899 decorative objects acquired from the Collins family or any of
900 its members shall be used for any purpose except as a permanent
901 part of The Grove’s furniture, furnishings, fixtures, or
902 decorative objects, and any such item not so utilized shall
903 forthwith revert to the Collins family member or members from
904 whom it was acquired. No gifts, contributions, or bequests shall
905 be accepted for The Grove without the advice and recommendation
906 of the council.
907 Section 27. Subsection (2) of section 267.21, Florida
908 Statutes, is amended to read:
909 267.21 Historic Cemeteries Program.—
910 (2)(a) The Historic Cemeteries Program shall, subject to
911 legislative appropriation, provide grants to the following
912 entities:
913 1.(a) Research institutions, colleges and universities, and
914 qualified nonprofit organizations, for the purpose of conducting
915 genealogical and historical research necessary to identify and
916 contact the relatives and descendants of persons buried in
917 abandoned African-American cemeteries.
918 2.(b) Local governments and qualified nonprofit
919 organizations, for the purposes of repairing, restoring, and
920 maintaining abandoned African-American cemeteries.
921 (b) All grants of state funds to assist abandoned African
922 American cemeteries may be awarded only pursuant to applications
923 for such assistance made to the division. The Florida Historic
924 Cemeteries Program Advisory Council shall review each
925 application for an abandoned African-American cemeteries grant
926 made under this section. The council shall submit annually to
927 the Secretary of State a list of all abandoned African-American
928 cemeteries applications that it recommends for the award of
929 grants, arranged in order of priority. The Secretary of State
930 may review and provide comments to the Legislature concerning
931 the recommended applicants. Funds awarded under this section
932 must be expended in compliance with all federal, state, and
933 local laws and regulations and used only for activities and
934 programs that are not harmful to minors. The Secretary of State
935 shall submit a recommended list to the Legislature for funding
936 consideration. For purposes of this paragraph, the term “harmful
937 to minors” means any reproduction, imitation, characterization,
938 description, exhibition, presentation, or representation, in any
939 manner or form, depicting sexual conduct or sexual excitement as
940 those terms are defined in s. 847.001.
941 Section 28. Subsections (1) and (2) of section 267.22,
942 Florida Statutes, are amended to read:
943 267.22 Historic Cemeteries Program Advisory Council.—
944 (1) The Historic Cemeteries Program Advisory Council, an
945 advisory council as defined in s. 20.03(7), is created as a sub
946 council within the Florida Historical Commission created by s.
947 267.0612 division and shall be composed consist of at least five
948 but no more than nine members appointed by the Florida
949 Historical Commission Secretary of State after considering the
950 recommendations of the director of the division. The council
951 must be composed of an inclusive group of members who are
952 regionally distributed and representative of communities
953 throughout this state and may include members of the Florida
954 Historical Commission. Members in place on July 1, 2025, may
955 serve for the remainder of their respective terms. New
956 appointments to the council may not be made until the
957 retirement, resignation, removal, or expiration of the terms of
958 the initial members results in fewer than five members
959 remaining. Members shall serve 4-year terms; however, for the
960 purpose of providing staggered terms, four of the appointees
961 initially shall be appointed to 2-year terms and the remaining
962 five shall be appointed to 4-year terms. All new subsequent
963 appointments shall be for 2-year 4-year terms. Annually As soon
964 as practicable after July 1, 2023, the council shall meet to
965 elect a chair from its membership. Except as otherwise provided
966 in this section, the council shall operate in a manner
967 consistent with s. 20.052.
968 (2) The council shall provide guidance and recommendations
969 to the division and the Florida Historical Commission regarding
970 the duties and responsibilities of the Historic Cemeteries
971 Program created under s. 267.21. The council must also evaluate
972 proposals for awards of abandoned African-American cemeteries
973 grants, as authorized by s. 267.21(2). Pursuant thereto, the
974 council must review and evaluate proposals for abandoned
975 African-American cemeteries grants and make recommendations to
976 the Secretary of State, including providing a priority ranking,
977 reflecting the evaluation. In making its evaluation and
978 recommendations, the council shall, at a minimum, consider the
979 purpose, public benefit, location, and cost of each proposal for
980 grant assistance. Abandoned African-American cemeteries grants
981 recommendations of the council shall be reviewed by the
982 Secretary of State in accordance with s. 267.21(2).
983 Section 29. This act shall take effect upon becoming a law.