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: 131 113.051Grants 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: 140 117.01Appointment, 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: 188 117.225Registration; 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: 197 117.295Standards 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 publics 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: 211 257.031State 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: 222 257.12Division 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: 238 257.17Operating 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: 257 257.191Construction 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: 285 257.23Application 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: 318 257.42Library 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 divisions 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: 343 265.283Definitions.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: 356 265.284Chief 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: 363 265.285Florida 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 members 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 childrens 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: 440 265.286Arts 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 councils recommendations and, 488 beginning July 1, 2010, include the lists of approved applicants 489 in the departments legislative budget request submitted to the 490 Legislature. 491 (7)(4)Arts and cultural Project grants shall be funded 492 from the secretarys 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 secretarys list of approved 496 applicants. General program support grants shall be awarded to 497 applicants on the secretarys 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 childrens 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 members 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 grantees 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: 601 265.2865Florida 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 councils 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: 621 265.701Cultural 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: 683 265.703Citizen 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: 710 265.803Florida 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 members 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: 725 267.0612Florida 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 states 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: 753 267.0617Historic 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 commissions 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: 803 267.075The 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 Groves first owner, Richard Keith Call, Floridas last 811 Territorial Governor, and LeRoy Collins, Floridas 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 Groves 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: 909 267.21Historic 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: 943 267.22Historic 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.