The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 1524
INTRODUCER: Senator Grall
SUBJECT: Duties of the Department of State
DATE: March 31, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. White McVaney GO Pre-meeting
2. ATD
3. RC
I. Summary:
SB 1524 amends chapters 257, 265, and 267, F.S., which govern the Department of State’s
(DOS) Division of Library and Information Services, Division of Arts and Culture, and Division
of Historical Resources.
The bill grants the Secretary of the DOS greater authority to alter the recommended grant
recipients throughout the above three divisions. For example:
• Many of the DOS’ grants are awarded based on recommendations by subject area-specific
Councils. The bill allows the Secretary to edit the list of award recommendations for all
grants awarded by the Division of Library and Information Services, Arts and Culture grants
administered by the Division of Arts and Culture, and the Historic Preservation Grants
(including the Abandoned African-American cemeteries grant) administered by the Division
of Historical Resources.
• The bill allows the Secretary to review and edit the funding recommendation list for
recipients of federal funds distributed by the Division of Library and Information Services.
• The bill requires the Secretary to ensure a grant’s compliance with federal, state and local
laws and regulations.
• The bill requires the Secretary to monitor the use of grant funds to ensure its use only for
activities and programs that are appropriate for all age groups.
• The bill allows the Secretary to edit the list of recommended grant recipients for Fiscal Year
2025-2026.
The bill also eliminates the following councils or grants:
• The individual artist fellowship grant program.
• The General Program Support and Specific Cultural Program.
• The state touring grant program.
• The cultural endowment program.
REVISED: BILL: SB 1524 Page 2
• The Grove Advisory Council.
• The Florida International Archive and Repository for the preservation of those public
records, as defined in s. 119.011, F.S, manuscripts, international judgments involving
disputes between domestic and foreign businesses, and all other public matters that the
department or the Florida Council of International Development deems relevant to
international issues.
• The Florida Museum of Black History Task Force, which issued its recommendations on
June 28, 2024, and therefore fulfilled its statutory duty.
The bill reconfigures the membership of the Florida Council on Arts and Culture and its statutory
duties.
The bill generally eliminates mandatory rulemaking, legislatively proscribed conditions on
awarding grant funding, and levels of review. This may result in lessening the ability of public
input in the award process and alerting the applicants of the way they will be scored.
The bill takes effect upon becoming law.
II. Present Situation:
Section 20.10, F.S., creates the Department of State (DOS) within the executive branch, headed
by the Secretary of State (Secretary) who serves at the pleasure of the Governor. There are six
divisions within the DOS:
• Division of Elections.
• Division of Historical Resources.
• Division of Corporations.
• Division of Library and Information Services.
• Division of Arts and Culture.
• Division of Administration.
1
The Division of Historical Resources, Division of Arts and Culture, and Division of Library and
Information Services, administer grants pursuant to ch. 265, F.S., and promote programs having
substantial cultural, artistic, and indirect economic significance that emphasize American
creativity.
2
The remainder of the present situation relative to each section of the bill is discussed in the
Effect of Proposed Changes section of this bill analysis. Generally, there will be a heading or
subheading, a discussion of the present situation, then a discussion of the effect of the proposed
changes.
1
Section 20.10(2), F.S.
2
Section 15.18, F.S. BILL: SB 1524 Page 3
III. Effect of Proposed Changes:
Public Libraries and State Archives
The Division of Library and Information Services (Division), among its many functions, assists
public libraries throughout the state, coordinates with the Division of Blind Services of the
Department of Education to provide library services to the blind and physically handicapped
persons of Florida, maintains a library for state employees, helps state agencies with relevant
research, controls the State Library, and receives and coordinates distribution of materials and
funds for the benefit of Floridians.
3
With regard to its functions and duties pertaining to funding, the Division:
• May give aid and assistance—financial, advisory, or otherwise—to all school, state
institutional, academic, free, and public libraries and to all Florida communities that propose
to establish libraries, as to the best means of establishing and administering libraries,
selecting and cataloging books, and other facets of library management;
4
• Must establish operating standards under which libraries will be eligible to receive state
moneys;
5
and
• May accept, receive, administer, and expend any moneys, materials, or any other aid granted,
appropriated, or made available by the United States or any of its agencies for the purpose of
giving aid to libraries and providing educational library services in Florida.
6
State Librarian and Library Council
The Secretary appoints the State Librarian, who serves as the director of the Division. The State
Librarian manages the Division’s programs.
7
The nine members of the State Library Council, all
appointed by the Secretary, advise and assist the Division on its programs and activities.
8
Sections 1 and 3 amend the education qualifications for the State Librarian (s. 257.031, F.S.)
and administrative heads of libraries that receive an operating grant
9
(s. 257.17, F.S.), requiring
graduation from programs accredited by “a national library professional association”
10
rather
than a program accredited by the American Library Association
Section 2 amends s. 257.12, F.S., to require the State Library Council to develop
recommendations for providing available federal funds to public libraries. The Secretary,
however, may limit the distribution of federal grant funds to ensure that the funds are expended
in compliance with laws and are appropriate for all age groups. It is unclear to what extent the
Secretary may amend the distribution of funds.
3
Section 257.04, F.S.
4
Id.
5
Section 257.15, F.S.
6
Section 257.12, F.S.
7
Section 257.031(1), F.S.
8
Section 257.02, F.S.
9
Discussed further infra.
10
See infra “VII. Related Issues.” BILL: SB 1524 Page 4
The State and International Archives
The Florida State Archives, under s. 257.35, F.S., is responsible for the preservation of those
public records, as defined in s. 119.011(12), F.S., manuscripts, and other archival material that
have been determined by the Division to have sufficient historical or other value to warrant their
continued preservation and have been accepted by the Division for deposit. The Florida State
Archive conducts, promotes, and encourages research in Florida history, government, and
culture.
11
The Florida International Archive and Repository, by comparison, preserves materials
relevant to international issues. To the extent practical, the International Repository assists state
and local public entities and individuals engaged in international related activities—including
research and business.
12
Section 6 repeals s. 257.34, F.S., which created the Florida International Archive and
Repository. This repeal, therefore, eliminates the Florida International Archive and Repository.
Division of Library and Information Services Grants
Section 257.14, F.S., explicitly grants the Division authority to adopt administrative rules. Each
program must be governed by guidelines which contain information on eligibility requirements,
application review procedures, evaluation and funding criteria, grant administration procedures if
applicable, and application forms. The Division is statutorily authorized to administer numerous
grants, not all of which appear to be in current use, as they lack corresponding rules or are not
mentioned on the DOS Grants website.
State Aid to Libraries Grant Programs
The State Aid to Libraries grant program encompasses three statutorily designated grants—
operating, equalization, and multicounty library. An Operating Grant is an annual grant provided
to single library administrative units in an amount equal to no more than 25% of all local funds
expended by the relevant political subdivision for the operation and maintenance of the library
during the second preceding fiscal year.
13
An Equalization Grant is available to counties that
qualify for an operating grant and have limited tax resources.
14
The equalization formula, set
forth in statute, was structured to provide an effective supplement to local funds for libraries
serving counties with limited local tax resources, especially to those that choose to support their
library at exceptionally high levels when compared to local resources and the investment of other
counties.
15
A Multicounty Library Grant is available to the administrative unit of a multicounty
library that serves a population of 50,000 or more and serves two or more counties, at least one
of which qualifies for an equalization grant.
16
Grants are prorated among eligible libraries if the appropriation by the Legislature does not fully
fund the State Aid to Libraries Grant Program.
17
11
Section 257.35, F.S.
12
Section 257.34, F.S.
13
Division of Library & Information Services, Florida Dep’t of State, State Aid to Libraries Grant Guidelines, 18-21,
available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15322 (last visited Nov. 14, 2024) [hereinafter State Aid
to Libraries Grant Guidelines].
14
State Aid to Libraries Grant Guidelines, at 4.
15
Id. at 2; s. 257.18, F.S.
16
Section 257.172, F.S.
17
State Aid to Libraries Grant Guidelines, at 3. BILL: SB 1524 Page 5
Library Cooperative Grants
The Library Cooperative Grant supports libraries participating in library cooperatives “for the
purpose of sharing library resources.” The participating libraries may be a combination of
academic, school, special, state institutional, and public libraries.
18
In order to receive a Library
Cooperative Grant, cooperatives must obtain 10% matching cash funds, be a nonprofit
organization consisting of more than one type of library, headed and administered by a full-time
librarian, and in good standing with the DOS.
19
Public Library Construction Grants
Public Library Construction Grants give a maximum of $500,00 matching funds to a county,
municipality, special district, or special tax district for the remodeling or construction of a free,
publicly-available library.
20
Applications are scored on a scale of a maximum of 100 points, with
different points allocated based on the type of building, project narrative and library function in
the community, building uses and needs, and community need.
21
Effects of Proposed Changes
Sections 4, 5, and 7, respectively, amend the construction grants statute (s. 257.191, F.S); the
cooperative grants statute (s. 257.42, F.S.); and the statute addressing applicants to any grants
awarded by the Division (s. 257.23, F.S). For all three sections, the amendments:
• Allow the Secretary to edit the list of recommended grants recipients;
• Require the Secretary to consider whether the program applying for grant money is
appropriate for all ages; and
• Direct the Secretary to review potential recipient-programs’ compliance with federal, state,
and local laws.
Section 2, which amends the statute regarding the Division’s power to distribute federal funds
(s. 257.12, F.S.), also explicitly empowers the Secretary to edit the recommendation list created
by the Division on which libraries should receive the federal funding.
.
Memorials, Museums, and Arts and Culture
The Division of Arts and Culture (Division) is Florida’s designated state arts agency and
oversees programs relating to memorials, museums, and arts and culture. To promote excellence
and encourage access to cultural opportunities, the Division provides funding, programs, and
resources, including grants for programs and projects in arts in education, local arts agencies,
state service organizations, museums, theater, dance, folk arts, literature, media arts,
multidisciplinary, music, sponsor or presenter, and visual arts.
22
18
Section 257.41(1), F.S.
19
Section 257.42, F.S.
20
See ss. 288.0656 and 288.06561, F.S.
21
Division of Library & Information Services, Florida Dep’t of State, Public Library Construction Grant Guidelines, 10-11,
available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15325 (last visited Mar. 25, 2025 ); incorporated into
1B-2.011(2)(b), F.A.C., by 1B-2.011(3), F.A.C.
22
Florida Department of State, Division of Arts and Culture, Mission, https://DoS.fl.gov/cultural/about-us/mission/ (last
visited Mar. 30, 2025). BILL: SB 1524 Page 6
The Secretary currently serves as the “chief cultural officer of the state;” section 9, however,
amends s. 265.284, F.S., to change the title to the “chief arts and culture officer.”
Florida Council on Arts and Culture
The Florida Council on Arts and Culture (FCOAC) is a 15-member panel consisting of:
• Seven members appointed by the Governor for 4-year terms,
• Four members appointed by the President of the Senate for 2-year terms, and
• Four members appointed by the Speaker of the House of Representatives for 2-year terms.
Appointments must “recognize the need for geographical representation,” and should be
individuals with
a substantial history of community service in the performing or visual arts,
which includes, but is not limited to, theater, dance, folk arts, music,
architecture, photography, literature, and media arts, or in the areas of
science, history, or children’s museums. In addition, it is desirable that
members have successfully served on boards of cultural institutions such as
museums and performing arts centers or are recognized as patrons of the
arts.
[23]
Section 10 amends s. 265.285, F.S., which establishes the FCOAC. The changes address the
qualifications of and methods of member appointments. In particular, the bill:
• Reorganizes how FCOAC members are appointed. While the number of members stays the
same, the Governor is granted more appointments (up from seven to nine), made in
consultation with the Secretary. In turn, the bill decreases the appointments reserved for the
President of the Senate and Speaker of the House of Representative (from four to three,
each).
• Effective July 1, 2025, the first vacancy of a seat appointed by the President of the Senate is
filled by the Governor; the same for the first vacancy of a seat occupied by an appointee of
the Speaker of the House of Representatives. Five of the Governor’s appointments, out of
nine, must qualify as follows:
o A licensed architect with expertise in cultural facilities;
o A member of the Seminole Tribe of Florida;
o A professional public folklorist;
o A university-affiliated public folklorist; and
o A practicing or former professional artist.
24
• Increases the FCOAC membership qualifications by requiring the appointed representatives
to demonstrate an interest in and knowledge of the arts, culture, museums, folklore, and
cultural heritage conditions.
• Clarifies that members of the FCOAC cannot receive any financial compensation as an
employee or officer of an entity that receives grant funding (unless the entity is a state
college or university).
23
Section 265.285(1)(a), F.S.
24
The Governor can meet these specific appointment responsibilities within the existing number of appointments he or she
has and still have remaining seats to appoint. BILL: SB 1524 Page 7
Sections 10 and 12 amend ss. 265.285 and 265.2865, F.S., respectively, to modify the duties of
the FCOAC.
Section 10 changes the FCOAC’s duty to “assist in the freedom of artistic expression that is
essential for the well-being of the arts,” to instead simply “encourage arts and cultural
development within communities.”
Section 10 also eliminates the FCOAC’s involvement in the nomination for the Poet Laureate, an
honorary position within the DOS; and duty to promote poetry throughout the state.
25
This is
replaced with a duty to promote and assist Division programs, “such as the Major John Leroy
Haynes Florida Veterans’ History Program, the Arts and Culture recognition award program, and
the apprenticeship program.”
26
The Major John Leory Haynes Florida Veteran's History Program
is a Florida Folklife Program within the Division created to “collect and preserve the stories and
experiences of Florida's veterans and the State of Florida's military contributions throughout the
nation's history.”
27
The Division’s folklorists seek out and identify those veterans willing to
share their stories via interview or written submission.
28
The other programs mentioned do not
currently exist in statute and are not created in the bill.
Currently, the FCOAC accepts nominations for persons to be recommended to the Secretary to
be named as a members of the Florida Artists Hall of Fame. The Secretary can name up to four
members to the Florida Artists Hall of Fame annually. Section 12 amends s. 265.2865, F.S., to
decrease the number of annual nominations from four to three, and to make their nominations
permissive rather than required. Consequently, the Secretary “may” (as opposed to shall)
annually request an appropriation to carry out the section. Thus, the DOS will not be required to
act under this section annually if the DOS opts not to accept any further applications.
Florida Folklife Council
The Florida Folklife Council advises and assists the Division and the State Folklorist to
encourage statewide public interest in folk arts and folklore; promote Florida folk artists,
performers, festivals, folklife projects, and folk resources; recommend projects; and develop
proposals for grant applications to support the Florida folklife program.
29
Currently, the
Secretary appoints the seven members of the Florida Folklife Council. Section 15 amends
s. 265.803, F.S., to make the Florida Folklife Council a sub-council within the FCOAC. As a
consequence, the seven members of the council would come from the membership of the
FCOAC. Appointed members currently provide a “geographical, ethnic, and professional
representation;” the bill changes “ethnic” to “cultural and traditional.”
Citizen Support Organizations
Section 265.703, F.S., permits the Division to establish citizen support organizations to provide
assistance, funding, and promotional support for the cultural, arts, historical, and museum
25
See ss. 265.285 and 265.2863, F.S.
26
The apprenticeship program and Arts and Culture recognition award program do not currently exist in statute. See infra
“VI. Technical Deficiencies.”
27
Section 265.8021(2), F.S.
28
Section 265.8021(3), F.S.
29
Section 265.803, F.S. BILL: SB 1524 Page 8
programs. Citizen support organizations, in this instance, are nonprofit corporations organized
under the provisions of ch. 617, F.S., approved by the Division in writing, operated for the direct
or indirect benefit of the Division, and organized and operated in the best interests of the state to
perform specified tasks. Section 14 amends s. 265.703, F.S., to permit citizen support
organizations to support international and intergovernmental programs as well as the currently
permitted support for cultural, historical, and museum programs.
30
Grants, generally
The Florida Arts and Culture Act (Act) is set forth in ss. 265.281-265.709, F.S., to provide state
support for, and to gain national and international recognition of, the efforts, works, and
performances of Florida artists, art agencies, museums, and nonprofit organizations.
31
The
Division must administer and oversee all programs authorized by the Act and may adopt rules to
do so.
32
This includes:
• Arts and culture grants to support science museums, youth and children’s museums,
historical museums, local arts agencies, Florida artists, state service organizations, and
organizations that have cultural program activities;
33
• An endowment to provide matching funds to local sponsoring organizations that engage in
programs directly related to cultural activities;
34
and
• Grants to counties, municipalities, and qualifying nonprofit corporations for the acquisition,
renovation, or construction of cultural facilities.
35
Generally, eligibility for grants administered by the Division requires the applicant be:
36
• In good standing with the Division and the DOS at the time of the application;
• A public entity or a Florida non-profit, tax exempt corporation that is registered and in active
status with Florida’s Division of Corporations;
• Experienced in arts and cultural programming of at least 1 year; and
• Registered as a vendor with the Department of Financial Services to whom they provide their
most recent Federal 990 form.
Section 265.284, F.S., explicitly requires the DOS to adopt rules. Each program must be
governed by guidelines, adopted as rule, which contain information on eligibility requirements,
application review procedures, evaluation and funding criteria, grant administration procedures if
applicable, and application forms.
Many of the changes this bill proposes for grants administered by the Division delete the review
of grant applications or the grants themselves and empower the Secretary to edit (change) the
recommended list of grants currently determined by review panels and the FCOAC. Members of
30
But see infra “VI. Technical Deficiencies”
31
Section 265.282, F.S.
32
Section 265.284(3)(j), F.S.
33
Section 265.286, F.S.
34
Sections 265.601-265.606, F.S.
35
Section 265.701(1), F.S.
36
Division of Arts & Culture, Florida Dep’t of State, General Program Support Grant Guidelines, 5, available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15677 (last visited Nov. 13, 2024) [hereinafter General Program
Support Grant Guidelines]. BILL: SB 1524 Page 9
review panels are appointed by the Secretary and seven of the members of the FCOAC are
appointed by the Governor.
The FCOAC reviews each grant application and annually submits to the Secretary lists of the
applications that are recommended for award, arranged in order of priority.
37
Section 10 amends
s. 265.286, F.S., to require the FCOAC to consider whether applications are for programs
appropriate for all ages language when advising the secretary in awarding grants.
Review panels currently serve in almost all grant application review processes as the first body
that provides a substantive review of the applications. They utilize grading rubrics and scoring
requirements set forth by statute or rules. Sections 8, 10, and 11 delete references to or the
definition of “panels” for Arts and Culture Grants. Section 11, specifically, amends s. 265.286,
F.S., to delete the use of qualified review panels in the process of determining the award of Art
and Culture Grants, which is further discussed below, and instead allows the Secretary to appoint
reviewers at his or her discretion.
Arts and Culture Grants
Section 265.286, F.S., creates the Arts and Culture Grants Program and directs the Division to
adopt rules establishing eligibility requirements, procedures, and panel review processes,
including criteria for reviewing grant applications.
38
General Program Support and Specific Culture Program Grants
Section 265.286, F.S., mandates at least two sub-grants:
39
• The General Program Support Grant program, which provides funding to directly support
arts and cultural programming, including museums and local arts organizations, in statutorily
authorized disciplines that “include, but are not limited to, music, dance, theater, creative
writing, literature, architecture, painting, sculpture, folk arts, photography, crafts, media arts,
visual arts, programs of museums, and other such allied, major art forms.”
40
• The Specific Cultural Program Grant, which provides up to $25,000 to fund a specific
cultural project, program, exhibition, or series that furthers the state’s cultural objectives, has
four permissible proposal types established in rule:
o Arts in Education projects that promote arts and culture in education;
o Discipline-Based cultural or artistic projects that further the state’s cultural objectives
through a pre-approved list of disciplines;
o Underserved Cultural Community Development projects that assist with the development
of underserved cultural organizations; or
o Artist Projects that provide public benefit through the creation or presentation of new
artistic work.
41
37
Sections 265.286, 265.606(1)(c), and 265.701(3), F.S.
38
Section 265.286(6), F.S.
39
Section 265.286(3) and (5), F.S.; see rule 1T-1.036(2), F.A.C.
40
Sections 265.286(5)(b) and 265.283(1), F.S.
41
Division of Arts & Culture, Florida Dep’t of State, Specific Cultural Project Grant Guidelines, 6, available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15678 (last visited Mar. 31, 2024) [hereinafter Specific Cultural
Project Grant Guidelines]. BILL: SB 1524 Page 10
The review process for both the General Program Support and Specific Cultural Program grants
involves four steps of review, beginning with Division staff who determine eligibility before
passing eligible applications to review panels.
42
After the staff’s eligibility determination, review panels provide the first substantive review of
applications; the panels are made up of an unspecified number of volunteer professionals
appointed by the Secretary of State for 1-year terms. Panels “consist of practicing artists or other
professionals actively involved in the specific discipline or program for which the panel has been
appointed.” Statute directs the Division to adopt rules establishing scoring criteria for the review
panels. The panels must provide a forum for public comment before voting on an application.
The panel then forwards its recommendations to the FCOAC.
The FCOAC has the power to amend and recalculate the review panels’ recommendations and
must provide a forum for public comment before voting on any application. The FCOAC
reviews the review panel’s recommendations before merging the recommendations and ranking
them in a list provided to the Secretary.
43
The Secretary reviews and approves (but cannot
change) the ranked lists from the FCOAC and includes those lists in the DOS’s legislative
budget request submitted to the Legislature.
44
State Touring Program Grants
State Touring Program Grants are “used to provide performances, activities, and exhibitions by
Florida artists to communities,”
45
with a “selection procedure that ensures the maximum
opportunity for Florida artists and cultural groups.”
46
The program
47
creates an Artist Roster of
approved artists chosen by the Secretary, as recommended by the FCOAC and a
multidisciplinary panel which selects artists based on criteria set forth in the guidelines
incorporated in Rule 1T-1.037(2). The program further provides Presenter Fee Support to any
not-for-profit organization or unit of city, county, or state government in Florida, including
school boards, to host an artist on the Artist Roster.
48
The State Touring Presenter Guidelines,
49
incorporated by the relevant administrative rule,
50
provide for how much financial support an
applicant may qualify, but not criteria or scoring on how applicants are ranked.
The reviewing process for the State Touring Roster Guidelines is essentially identical to that for
general program support and specific cultural grants; the primary difference being that panel
members are explicitly described in rule as a “multidisciplinary panel.”
51
42
General Program Support Grant Guidelines, 23-26; Specific Cultural Project Grant Guidelines, 30-33.
43
Section 265.286, F.S.; General Program Support Grant Guidelines at 25; Specific Cultural Project Grant Guidelines at 32.
44
Section 265.286(3), F.S.
45
Section 265.283(16), F.S.
46
Section 265.286(5)(c), F.S.
47
Rule 1T-1.037(1), F.A.C.
48
Division of Arts and Culture, Florida Dep’t of State, State Touring Artist Roster Guidelines,
https://www.flrules.org/Gateway/reference.asp?No=Ref-01033 (last visited Nov. 14, 2024) [hereinafter State Touring Artist
Roster Guidelines].
49
Division of Arts and Culture, Florida Dep’t of State, State Touring Presenter Guidelines,
https://www.flrules.org/Gateway/reference.asp?No=Ref-01034 (last visited Nov. 14, 2024) [hereinafter State Touring
Presenter Guidelines].
50
Rule 1T-1.037(3), F.A.C.
51
State Touring Artist Roster Guidelines; State Touring Presenter Guidelines. BILL: SB 1524 Page 11
Individual Artist Fellowship Program
The Division is statutorily charged with administering an individual artist fellowship program
with a “selection procedure that identifies individual artists of exceptional talent and
demonstrated ability.” The selection procedure, adopted in rule, “identifies individual artists of
exceptional talent and demonstrated ability.”
52
Applicants are scored by a review panel based on
artistic excellence, tradition and authenticity, and community impact and engagement.
53
The
Division distributes grant funding as provided by rule, which provides that the Individual Artist
Fellowship Program (Program) “fosters the development of individual artists.”
54
Funding is
limited to Florida residents practicing in pre-determined disciplines.
55
Fellowships are awarded
only to Florida residents practicing pre-determined disciplines in the amount of $2,500 or
$5,000, in order of score, until funds are depleted.
56
Grant recipients are required to submit a
grant report that details expenditures and activities during the grant period.
57
Effects of Proposed Changes
Section 11 amends s. 265.286, F.S., relating to art and cultural grants, to make the acceptance of
applications for and general administration of arts and culture grants by the DOS optional rather
than mandatory.
58
As previously discussed, the bill removes references to review panels. The bill still provides for
grant application “reviewers”—which the Secretary may appoint but is no longer required to.
Moreover, the bill eliminates the requirements for panels’ membership and duties, such as the
requirement for panelist to come from relevant disciplines, utilize rubrics and scoring established
in rule, and serve 1-year terms.
Changes contained in the bill allow the Secretary to re-distribute grant monies returned to
applicants on his or her list—previously, the applicants had to be “approved,” but this
requirement is eliminated in the bill. Other miscellaneous changes made in section 11 include
provisions that prohibit an applicant seeking a recommendation from a reviewer from having
have a substantial interest in any of its requested recommendations and direct priority to be given
to applications in the 2025-2026 fiscal year that support America250 to celebrate the 50th
anniversary of the signing of the Declaration of Independence. This subsection expires on July 1,
2026. Subsequently, the Secretary is further empowered to edit the list of recommended grant
awardees prior to submitting it to the Legislature as a part of the DOS’ funding request for FY
2025-2026.
The remainder of section 11 generally focuses on the actual grant programs. In conjunction with
section 8, section 11 eliminates any reference to the General Program Support, Specific Cultural
Program, individual fellowship, and touring grant programs. In particular, it appears the
modifications contained in the bill merge the General Program Support and Specific Cultural
52
Section 265.286(5)(d), F.S.; Rule 1T-1.038(1), F.A.C.
53
Rule 1T-1.038(4), F.A.C.
54
Section 265.286(5)(d), F.S.; Rule 1T-1.038(1), F.A.C.
55
Rule 1T-1.038(2) and (3), F.A.C.
56
Rule 1T-1.038(2), (3), and (6), F.A.C.
57
Rule 1T-1.038(8), F.A.C.
58
See infra “VII. Related Issues.” BILL: SB 1524 Page 12
Program grant programs into a single grant program; and otherwise eliminate the touring and
fellowship programs completely. By eliminating the program, the other changes to ch. 265, F.S.,
that eliminate panel reviews are still relevant, if somewhat redundant. Section 8 also deletes the
definition for underserved arts community assistance program grants.
As a result of eliminating the separate grant programs, the bill also eliminates provisions
describing purposes, eligibility, and criteria for awarding these grants. In its place, section 11
provides the Division broad discretion to administer awarded grants to broadly supplement
financial support for artistic and cultural activities that are appropriate for all age groups. The bill
applies the appropriate for-all-ages language to several of the DOS’ grants and programs.
Moreover, section 11 requires the Secretary to consider whether the program applying for grant
money is appropriate for all ages and complies with federal, state, and local laws.
Cultural Endowment Grant
The Legislature recognized the “critical need for significant additional funding” in local
organizations in supporting “the disciplines of dance, music, theater, visual arts, literature, media
arts, interdisciplinary and multidisciplinary, and programs of museums.”
59
Accordingly, the
Cultural Endowment Program
60
was created to ensure that matching funds “primarily utilized for
the day-to-day expenses,” are available to these organizations on a recurring basis.
61
The program has two components that require an application – first, Cultural Sponsoring
Organization (CSO) designation, and second, a receipt of a $240,000 State matching Share
(SMS). To be eligible, CSOs must be: designated by the DOS following a recommendation by
the FCOAC; a non-for-profit, tax exempt Florida corporation; and able to submit documentation
to demonstrate the organization’s cultural programming activities.
62
The review process begins
with an eligibility determination by the Division. The FCOAC then reviews the eligible
applications and creates a list of recommendations for the Secretary, who reviews and approves
the designation recommendation of the Council.
63
Section 11 deletes any reference to the cultural endowment program and grant, thereby
eliminating the program. By eliminating this program entirely, the other changes to ch. 265, F.S.,
eliminating panel reviews are still relevant, if somewhat redundant.
59
Sections 265.602 and 265.603(3), F.S.
60
Sections 265.601-265.606 encompasses the “Cultural Endowment Program.”
61
Section 265.602, F.S.
62
Section 265.606, F.S.; Division of Arts and Culture, Florida Dep’t of State, Cultural Endowment Program Guidelines, 4-5,
https://DoS.fl.gov/media/706650/ce-guidelines-2025.pdf (last visited Mar. 30, 2025) [hereinafter Cultural Endowment
Program Guidelines].
63
See supra information regarding appointments to the Florida Council on Arts and Culture. BILL: SB 1524 Page 13
Cultural Facilities Grants
64
The Cultural Facilities Grants program coordinates support and funding of renovation, new
construction, or acquisition of “cultural facilities.”
65
Eligible applicants must use or plan to use
the facility to conduct arts and cultural programming and have unrestricted use of the land and
buildings associated with the project, appropriate matching funds, and the support of local
officials. The statutory language creating the grant, however, is permissive and the Division does
not appear to administer the grant.
66
Section 13 amends s. 265.701, F.S., to discontinue the use of grant funds to acquire a cultural
facility. The entities may still use the funds to renovate or construct a facility. Additionally, the
bill removes the requirement that unfunded grant applications that are approved and
recommended by the Secretary be retained on the projects list for a year. The changes
additionally require the Secretary to consider whether the program applying for grant money is
appropriate for all ages and complies with federal, state, and local laws. It appears this empowers
the Secretary to change the list recommended by the FCOAC.
Section 13, similar to section 11 above, directs priority to be given to applications in the 2025-
2026 fiscal year that support America250 to celebrate the 50th anniversary of the signing of the
Declaration of Independence. The Secretary is further empowered to modify the list of
recommended grant awardees prior to submitting it to the Legislature as a part of the DOS’
funding request for FY 2025-2026. This subsection expires on July 1, 2026.
Historical Resources
The Division of Historical Resources (Division), led by a director who serves at the pleasure of
the Secretary, is charged with encouraging the identification, evaluation, protection,
preservation, collection, conservation, and interpretation of information about Florida’s historic
sites and properties or objects related to Florida’s history and culture.
67
This includes cooperating
with federal and state agencies, local governments, and private entities to accomplish its duties.
The Division, in relevant part:
• Accepts and administers funding received by public and private sources and advances these
funds and other grants on a quarterly basis;
• Enters into agreements for awarding grants or other contracts with any person, firm,
performing arts company, educational institution, arts organization, corporation, or
governmental agency as may be necessary or advisable;
• Consults with and advises individuals, groups, or public entities with the acquisition,
acceptance, display, and care of fine art;
• Sponsors performances and exhibits;
• Promotes and encourages the study and appreciation of arts and culture; and
64
Numerous states have similar grant or funding programs or mechanisms, including but not limited to Massachusetts
(MASS. GEN. LAWS ch. 23G, § 42), Ohio (OHIO REV. CODE ANN. §§ 154.23, 123.201, and 3381.07 (West 2025)), Vermont
(VT. STAT. ANN. tit. 24, § 5604), Washington (WASH. REV. CODE § 23.63A.750), Nevada (NEV. REV. STAT. § 268.450), New
Jersey (N.J. STAT. ANN. § 34:1B-389 (West 2025)), and New Hampshire (N.H. REV. STAT. ANN. § 19-A:13).
65
Note that cultural facilities are not defined in statute, regulation, or materials referenced and incorporated into regulation.
66
Section 265.701, F.S.
67
Florida Department of State, Division of Historical Resources, About, https://dos.fl.gov/historical/about/ (last visited Mar.
25, 2025). See also, s. 267.031, F.S. BILL: SB 1524 Page 14
• Advertises arts and cultural programs available throughout the state.
68
The Florida Historical Resources Act
69
was established to preserve archaeological sites and
objects of antiquity for the public benefit.
70
The Act recognizes Florida’s historic properties as an
important legacy to be valued and conserved for present and future generations. Accordingly, it
is Florida’s policy to lead, assist, administer, and encourage public entities and private citizens to
preserve the state’s historic environment and resources.
71
The Division director is advised by the Florida Historical Commission, which, in addition to
several other advising roles, is specifically charged with advising and providing
recommendations on awards of special category historic preservation grant-in-aid administered
by the Division.
72
Seven members of the Commission are appointed by the Governor in
consultation with the Secretary of State; two are appointed by the President of the Senate; and
two are appointed by the Speaker of the House of Representatives.
73
Sections 267.031, 267.0617, and 267.21, F.S., allows the Division to adopt rules pursuant to the
Administrative Procedures Act. Each program must be governed by guidelines which contain
information on eligibility requirements, application review procedures, evaluation and funding
criteria, grant administration procedures if applicable, and application forms.
The Grove Advisory Council
The Call/Collins House, commonly known as “The Grove,” is a museum located in Tallahassee
used to educate the public on the lives and accomplishments of The Grove’s first owner and
builders of the estate, Richard Keith Call, Florida’s last Territorial Governor; as well as LeRoy
Collins, Florida’s 33rd Governor, who, with his wife, Mary Call Darby Collins (a descendant of
Call’s), were the last private owners of The Grove. The Grove is now owned by the state? And is
listed on the National Register of Historic Places.
74
The Grove Advisory Council advises the Division on the operation, maintenance, preservation,
and protection of the Grove’s house, grounds, cemeteries, and all other structures thereon; the
furniture and furnishing located therein; any changes in the architecture, structure, furnishings,
landscaping; and the design and development of interpretive programs and exhibits in connection
therewith.
75
Five members of the council are appointed by the Secretary; the remainder of the
council membership is made up of the Secretary of Management Services, or his or her
designee, the director of the Division, and a direct descendent of Mary Call Darby Collins. The
members appointed by the Secretary consist of individuals with curatorial and museum expertise,
68
Section 265.284, F.S.
69
Sections 267.011-267.1736, F.S.
70
Section 267.14, F.S.
71
Section 267.061(2)(a), F.S.
72
Section 267.0612(6)(c), F.S.
73
Section 267.0612(1)(a)1., F.S.
74
Section 267.075(1), F.S.; Dep’t of State, Richard Kieth Call, https://DoS.fl.gov/florida-facts/florida-history/florida-
governors/richard-keith-
call/#:~:text=Call%20led%20the%20Florida%20militia,and%20the%20national%20business%20depression (last visited
Mar. 19, 2025).
75
Section 267.075(2), F.S. BILL: SB 1524 Page 15
professional architectural historic preservation expertise, and professional landscaping
experience. Council members serve without compensation but receive per diem for travel
expenses, and the council receives clerical support from the Division.
76
Sections 18 repeals s. 267.075, F.S., to eliminate the Grove Advisory Council.
Florida Museum of Black History Task Force
In 2023, the Legislature created the Florida Museum of Black History Task Force to advise the
Division on the planning, construction, operation, and administration of future Florida Museum
of Black History. The Florida Museum of Black History is a yet to be established museum that is
supposed to be a self-sustaining museum that functions on the revenues of the museum and
meeting rooms, banquet facilities, and performing arts theater therein.
77
After its tenth meeting
on June 28, 2024, the Task Force issued its final report, thereby completing the purpose of the
Task Force.
78
Section 19 repeals s. 267.0722, F.S., to eliminate the Florida Museum of Black History Task
Force.
The Historic Preservation Grant Program
The Division administers the Historic Preservation Grant Program pursuant to s. 267.0617, F.S.,
which authorizes grants of moneys appropriated by the Legislature and other contributions for
the purpose of historic preservation.
79
The Division adopts rules setting forth the criteria applied
by the Florida Historical Commission and grant review panels in reviewing and recommending
grant application.
80
Grant review panels are appointed by the Secretary and chaired by a member
or designee of the Florida Historical Commission. Grant money is appropriated from the
Historical Resources Operating Trust Fund.
81
There are two relevant types of Historic Preservation Programs:
• Small Matching Grants, which provide matching funding to assist local, regional, and state-
wide efforts to preserve significant historic and archaeological resources and promote
knowledge and appreciation of the history of Florida.
82
• Special Category Grants., which provide funding to assist major local, regional, and state-
wide efforts to preserve significant historic and archaeological resources, to assist major
archaeological excavations or research projects, and assist in the development and fabrication
of major museum exhibits that will promote knowledge and appreciation of the history of
Florida.
83
76
Section 267.075(3), F.S.
77
Section 267.0722, F.S.
78
Id.; Division of Historical Resource, Dep’t of State, The Florida Museum of Black History Task Force,
https://DoS.fl.gov/historical/museums/blackhistorytaskforce/ (last visited Mar. 18, 2025).
79
Section 267.0617, F.S.
80
Section 267.0617(5), F.S.
81
Section 267.0617(3), F.S.
82
Section 267.0617(2), F.S.; Rule 1A-39.001(3)(a), F.A.C.
83
Section 267.0617(3), F.S.; Rule 1A-39.001(3)(b), F.A.C. BILL: SB 1524 Page 16
Section 16 amends s. 267.0612, F.S., to consolidate the grant review processes for the special
category historic preservation grants-in-aid under the Historic Preservation Grant Program
provisions of s. 267.617, F.S. This does not represent a change in law.
Section 17 amends s. 267.0617, F.S,, relating to the Historic Preservation Grant Program, to
remove reference to the Historical Resources Operating Trust Fund, which is the current fund for
all money received and paid by the Historic Preservation Grant Program. The bill additionally
allows the Secretary to review and change the recommended list of grants-in-aid recipients to
ensure that the funds awarded are expended in compliance with law and regulation and are used
only for age-appropriate activities; this allows the Secretary to substitute his/her judgment over
the recommendations made by >>>> for the historic preservation grant program.
Abandoned African-American Cemeteries Program
The Division administers the Historic Cemeteries Program, directed by the State Historic
Preservation Officer, and addresses historic and abandoned cemeteries throughout the state—
including coordinating with the University of South Florida's Black Cemetery Network to
facilitate the inclusion of abandoned African-American cemeteries in the Black Cemetery
Network.
84
Subject to legislative appropriations, the Historic Cemeteries Program provides
grants to research institutions, colleges and universities, non-profits, and local governments to
assist efforts to protect, preserve, repair, and restore abandoned African-American cemeteries in
the State of Florida.
85
Members of the Historic Cemeteries Program Advisory Council serve as
the application review panel for the Abandoned African-American Cemeteries Grant program.
The Historic Cemeteries Program Advisory Council consists of nine members, all appointed by
the Secretary.
86
Sections 20 and 21 amend ss. 267.21 and 267.22, F.S., respectively, which in relevant part
address the abandoned African-American cemeteries grant program and corresponding task
force.
As to the abandoned African-American cemeteries grant program, section 20 requires the
Secretary to consider whether the grant awardee program is appropriate for all ages and complies
with federal, state, and local laws; and section 21 makes a conforming change. The language
appears to allow the Secretary to change the list of potential recipients, thus substituting the
Secretary’s judgment over the recommendations made by the Historic Cemeteries Program
Advisory Council.
Section 20 makes the award of funds for the abandoned African-American cemeteries
permissive, rather than mandatory. While the bill does require the Florida Historic Cemeteries
Program Council to review each application to the African-American cemeteries and annually
submit a prioritized list of recommendations to the Secretary, it is not clear whether the Secretary
must submit the list to the Legislature to request funding.
84
Section 267.21(1), F.S.
85
Section 267.21, F.S.; Rule 1A-39.001(3)(C), F.A.C.
86
Section 267.22, F.S. BILL: SB 1524 Page 17
Section 21 amends s. 267.22, F.S., relating to the Historic Cemeteries Program Advisory
Council, to codify the review requirements currently promulgated by the DOS in their
guidelines. Section 21 also reorganizes the Historic Cemeteries Program Advisory Council
(Advisory Council) as a sub-council within the Florida Historical Commission, who may become
members of the Advisory Council. The Advisory Council, under these changes, only needs five
members (as opposed to the current nine required) who would be appointed by the Florida
Historical Commission (as opposed to the Secretary). Terms are shortened from four to two
years. Current members of the Advisory Council may serve out the rest of their turn.
Effective Date
Section 22 provides that the bill takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, or reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
None identified.
C. Trust Funds Restrictions:
None identified.
D. State Tax or Fee Increases:
None identified.
E. Other Constitutional Issues:
The Legislature is the body in charge of the state’s purse. It is not only the Legislature’s
prerogative, but duty, to oversee and administer funds in the best interest of the state.
This bill removes many of the current legislative guardrails on how the DOS may spend
appropriated money. It is unclear if this broaches a separation of powers or over
delegation issue. This concept is further elaborated on in Related Issues infra.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None identified. BILL: SB 1524 Page 18
B. Private Sector Impact:
It is difficult to identify how the private sector may be impacted. Many administrative
rules that will no longer be required provide ways for grant applicants to demonstrate
return on investment. It is unclear how, without such rules, the DOS will continue to
monitor the return on investment.
C. Government Sector Impact:
The fiscal impact on state and local governments is indeterminate at this time.
VI. Technical Deficiencies:
Sections 1 and 3 amend the education qualifications for the State Librarian and administrative
heads of libraries receiving an operating grant so that they only need to complete a program
accredited by “a national library professional association,” as opposed to the American Library
Association. No accreditation program other than the American Library Association appears to
exist.
It is unclear what will happen to the documents and information stored by the Florida
International Archive and Repository eliminated in section 6, if and how the files will be
transported to a new storage institution before the International Repository closes, and whether
the Florida State Archives or other agency will absorb the responsibilities and expectations of the
International Repository.
At lines 252-254, the Legislature may want to change ‘and’ to ‘or’ so qualifications for FCOAC
members are public representatives with demonstrated interests in arts, culture, museums,
folklore, or cultural heritage traditions. As is currently written, the language appears to require
each appointed member be a public representative with demonstrated interest in all five areas.
Section 10 amends the FCOAC’s duties to include promotion of the Arts and Culture
Recognition award and apprenticeship programs. These programs do not exist in statute. The
Legislature may wish to codify the Arts and Culture Recognition award and apprenticeship
programs and provide the DOS the statutory authority to administer these programs. This would
provide a basis for the FCOAC’s promotion of the programs as provided in section 10 of the bill.
Section 20 provides that the Secretary shall submit a list of recommended historical cemeteries to
receive funding to the Legislature; however, how often must that list be submitted is unclear. The
sponsor may wish to amend the bill to require the Secretary to submit the list annually.
VII. Related Issues:
Overall, the bill decreases the DOS’ required rulemaking and eliminates or reduces current
statutory criteria for the DOS’ award of state funds. These changes may allow the DOS to award
grants in an arbitrary fashion, should the DOS make such awards without the clear standards
provided for in rule/guidelines. This may give rise to a lack of accountability in grant awards.
BILL: SB 1524 Page 19
If the DOS engages in less rulemaking, the public may be deprived of the opportunity to voice
opinions on the grant guidelines during rulemaking. Moreover, granting such broad deference to
the DOS may raise concerns over overdelegation of the Legislature’s duty to responsibly
appropriate funds.
The bill also eliminates or decreases grants that specifically target, or provide special
consideration and allowances for, rural communities.
Decreasing Oversight and Legislative Guardrails
The Legislature is the sole branch of government with the inherent power to create laws.
87
The
State Constitution vests the “power of the purse” in the Legislature by granting it exclusive and
plenary power to raise and appropriate state funds. The power to appropriate funds, therefore,
rests with the Legislature alone.
88
Beyond the “power of the purse,” however, the Legislature
may use laws to delegate to executive branch agencies the power to create rules that have the
force and effect of law.
89
An agency cannot create rules at its discretion but instead must limit
the rule to the specific empowerments and responsibilities delegated by the Legislature in law.
90
A rule is an agency statement of general applicability that implements, interprets, or prescribes
law or policy or describes the procedures or practice requirements of an agency.
91
An agency
rule therefore includes forms and applications used to administer a program.
Rulemaking and Review Panels
The bill—and in particular those sections dealing with arts and cultural grants—removes
language requiring rule making (which allows for public input), strikes legislative direction
regarding how the DOS may use grant funding, and decreases input by qualified professionals in
the grant review process by deleting many grant review panels. Notably, statute and rule allow
the Legislature and public the ability to comment on and provide feedback on the scoring and
rubrics set up in rule for use by review panels. Moreover, many rules require a showing of the
return on investment. It is unclear how the state will continue to monitor the return on investment
without such rules.
Review panels currently serve in almost all grant application review processes as the first body
providing substantive review. They utilize grading rubrics and scoring requirements set forth by
statute or the DOS in statutorily required rules. By deleting the need for review panels, the bill
eliminates the statutory requirement to adopt rules to establish a scoring system formula for such
determinations.
87
Article III, s. 1, FLA. CONST. See also Art. II, s. 3, FLA. CONST.
88
FLA. CONST. art. VII, s. 1(c, d); Graham v. Haridopolos, 75 So. 3d 315, 318 (Fla. 1st DCA 2011), approved, 108 So. 3d
597 (Fla. 2013); Chiles v. Child. A, B, C, D, E, & F, 589 So. 2d 260, 267 (Fla. 1991) (explicitly providing that the Legislature
and not the executive branch is entrusted with appropriating state funds).
89
Section 120.52(17), F.S. See also, Whiley v. Scott, 79 So. 3d 702, 710 (Fla. 2011) (“Rulemaking is a derivative of
lawmaking.”).
90
Section 120.54(1)(a), F.S.
91
Section 120.52(16), F.S. BILL: SB 1524 Page 20
In particular, s. 265.286, F.S., amended by section 11, eliminates the review panels and their
duties. Section 11 still lists criteria that the Division may considered in awarding grants,
92
the
DOS is no longer required to adopt rules reflecting this. The permitted criteria currently in law
do not provide enough guidance to be implemented without rule. Therefore, there is nothing
requiring the DOS to consider these criteria.
Empowering the Secretary
The bill additionally deletes the requirement that the Secretary distribute funds appropriated
based on a list organized by the applicants’ scores submitted to the Secretary. Instead, under the
bill, the Secretary is empowered to edit the list before giving it to the Legislature. What “edit”
means in this situation is unclear, and may be interpreted to allow the Secretary to add or remove
potential grant recipients without oversight or required consideration for merit and other
characteristics. Those instances where the Secretary would now be empowered to amend the lists
include:
• Library constructions grants (s. 257.191, F.S.; section 4)
• Library cooperative grants (s. 257.42, F.S.; section 5)
• Library statute addressing the applicants to any grants awarded (s. 257.23, F.S.; section 7)
• Library distribution of federal funds (s. 257.12, F.S.; section 2)
• Arts and culture grants (s. 265.286, F.S.; section 11)
• Historic Preservation Grant Program (267.0617, F.S; section 17)
• Abandoned African-American cemeteries grant (s. 267.21, F.S; section 20)
While the statutory language appears to limit how the Secretary may edit the lists through the
abiding by federal, state, and local law, as well as the appropriate-for-all-ages language, it is
unclear how this would work in practice. Grant recipients are currently required to comply with
local, state, and federal laws.
Moreover, the “appropriate for all ages” language is undefined. There is nothing requiring the
DOS to set out in rule or otherwise its interpretation of the term. Applicants for these grants may
not have any notice as to what standard they are being held to in review—especially where this
review is not by bodies beholden to providing a public forum in their review of applicants. Some
grants may be entirely disqualified based on interpretations of what is “appropriate for all ages.”
For instance, books are not always appropriate for all ages, as demonstrated by reading levels; art
created for young children differs from that created for the elderly; and how abandoned African-
American cemeteries can attend to neglected cemeteries in a manner that is appropriate for all
ages is unclear.
Lessening Legislative Directives
Beyond removing mandatory rulemaking, section 11 (dealing with s. 265.286, F.S., Arts and
Cultural grants) also deletes reference to specific grants that must be awarded by the Division.
92
The bill provides that “The division may adopt rules establishing [e]ligibility criteria for the award of grants, which may
include, but need not be limited to, application requirements, allowable and nonallowable costs, program quality, artistic
quality, creativity, potential public exposure and benefit, the ability to properly administer grant funds, professional
excellence, fiscal stability, state or regional impact and economic development, matching requirements, and other
requirements to further the purposes of this act.” BILL: SB 1524 Page 21
For instance, the bill merges the General Program Support and Specific Cultural Program grant
programs into one grant program and at lines 368-392, deletes the prerogative of the Division to
“fund” at least four separate areas of grants. This appears to allow the FCOAC to recommend,
and the Secretary to ultimately determine, the distribution of moneys to recipients by unspecified
requirements, or to determine that no money should be distributed to a certain tranche of grants
at all.
Moreover, under current law, returned or unspent grants funds are distributed to the next grant
recipient on the “list of approved applicants.” The bill removes the word “approved” in section
11; it is unclear who currently “approves” these applicants. Therefore, it would again appear that
this removes a certain level of oversight.
Decreasing Requirements to Enact Statutorily Prescribed Programs
Section 11 repeals the requirement for the DOS to accept applications for cultural endowment
funding (see line 316). This empowers the DOS to not accept applications, and thereby not
implement the grant programs established in statute. This may be an oversight. The Senate may
wish to require the DOS to accept applications by stating, at lines 316-317, in relevant part, the
“division must accept applications for arts and cultural grants…”
Section 12 amends s. 265.2865, F.S., to decrease the number of annual nominations the FCOAC
can make to the Florida Artists Hall of Fame from four to three, and to make their nomination
permissive, instead of required. Consequently, the Secretary “may” (as opposed to shall)
annually request an appropriation to carry out the section. This permits the DOS to not
implement this section of law if they do not accept any further applications.
Effect on Rural Communities
Most of the current arts and culture grants aimed at helping rural Florida are eliminated in this
bill. The Legislature may wish to amend the bill to either save these grant programs or, in their
place, create another way to fund rural arts and culture initiatives.
The Rural Economic Development Initiative (REDI) recognizes that that rural communities and
regions continue to face extraordinary challenges in their efforts to significantly improve their
economies, specifically in terms of personal income, job creation, average wages, and strong tax
bases. Among other things, REDI is responsible for coordinating and focusing the efforts and
resources of state and regional agencies on the problems that affect the fiscal, economic, and
community viability of Florida's economically distressed rural communities.
Both the General Program Support and Specific Cultural Program grants give areas involved in
the REDI either a complete waiver of matching fund requirements (General Program Support
grant), or a decrease in the percentage of the matching required (Specific Cultural Program
grants).
93
These two specific grant programs are eliminated in the bill.
Section 8 amends s. 265.283, F.S., to delete the definitions for the state touring grant and
underserved arts community assistance program grants. These reflect the ending of the state
93
General Program Support Grant Guidelines at 17; Specific Cultural Grant Guidelines at 7. BILL: SB 1524 Page 22
touring program and underserved arts community assistance program grants throughout the bill.
The Specific Cultural Program grant encompasses “Underserved Cultural Community
Development projects,” which presumably meets the underserved arts community assistance
program.
94
The state touring program grants and underserved community grants mainly support
rural communities. For touring grants in particular, underpopulated counties can request twice as
much fee support as other counties and underpopulated counties are given priority.
95
Underpopulated counties refer to counties with a population of 75,000 or less in the 2010
Census.
96
Moreover, the touring program gives funding priority to underpopulated counties.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 257.031, 257.12,
257.17, 257.191, 257.23, 257.34, 257.42, 265.283, 265.284, 265.285, 265.286, 265.2865,
265.701, 265.703, 265.803, 267.0612, 267.0617, 267.0722, 267.075, 267.21, and 267.22.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
94
Specific Cultural Grant Guidelines at 6, 17-18, 25, 43.
95
State Touring Presenter Guidelines.
96
Currently, 31 Florida counties qualify as an underpopulated county. These counties are Baker, Bradford, Calhoun,
Columbia, DeSoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Holmes, Jackson,
Jefferson, Lafayette, Levy, Liberty, Madison, Monroe, Nassau, Okeechobee, Putnam, Suwannee, Taylor, Union, Wakulla,
Walton, and Washington.