Bill Text: FL S1632 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Cultural Affairs

Spectrum: Bipartisan Bill

Status: (Failed) 2020-03-14 - Died in Rules [S1632 Detail]

Download: Florida-2020-S1632-Introduced.html

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       Florida Senate - 2020                                    SB 1632
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01837-20                                           20201632__
    1                        A bill to be entitled                      
    2         An act relating to cultural affairs; amending s.
    3         15.18, F.S.; providing that the Secretary of State
    4         shall be known as “Florida’s Chief Arts and Culture
    5         Officer”; conforming a provision to changes made by
    6         the act; amending s. 20.10, F.S.; renaming the
    7         Division of Cultural Affairs of the Department of
    8         State as the Division of Arts and Culture; amending
    9         ss. 265.283, 265.284, and 265.2865, F.S.; conforming
   10         provisions to changes made by the act; repealing ss.
   11         265.601, 265.602, 265.603, and 265.605, F.S., relating
   12         to the department’s Cultural Endowment Program;
   13         amending ss. 265.701, 265.7025, 265.704, and 468.401,
   14         F.S.; conforming provisions to changes made by the
   15         act; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 15.18, Florida Statutes, is amended to
   20  read:
   21         15.18 International and cultural relations.—The Divisions
   22  of Arts and Culture Cultural Affairs, Historical Resources, and
   23  Library and Information Services of the Department of State
   24  promote programs having substantial cultural, artistic, and
   25  indirect economic significance that emphasize American
   26  creativity. The Secretary of State, as the head administrator of
   27  these divisions, shall hereafter be known as “Florida’s Chief
   28  Arts and Culture Cultural Officer.” As this officer, the
   29  Secretary of State is encouraged to initiate and develop
   30  relationships between the state and foreign cultural officers,
   31  their representatives, and other foreign governmental officials
   32  in order to promote Florida as the center of American
   33  creativity. The Secretary of State shall coordinate
   34  international activities pursuant to this section with
   35  Enterprise Florida, Inc., and any other organization the
   36  secretary deems appropriate. For the accomplishment of this
   37  purpose, the Secretary of State shall have the power and
   38  authority to:
   39         (1) Disseminate any information pertaining to the State of
   40  Florida which promotes the state’s cultural assets.
   41         (2) Plan and carry out activities designed to cause
   42  improved cultural and governmental programs and exchanges with
   43  foreign countries.
   44         (3) Plan and implement cultural and social activities for
   45  visiting foreign heads of state, diplomats, dignitaries, and
   46  exchange groups.
   47         (4) Encourage and cooperate with other public and private
   48  organizations or groups in their efforts to promote the cultural
   49  advantages of Florida.
   50         (5) Serve as the liaison with all foreign consular and
   51  ambassadorial corps, as well as international organizations,
   52  that are consistent with the purposes of this section.
   53         (6) Provide, arrange, and make expenditures for the
   54  achievement of any or all of the purposes specified in this
   55  section.
   56         Section 2. Paragraph (e) of subsection (2) of section
   57  20.10, Florida Statutes, is amended to read:
   58         20.10 Department of State.—There is created a Department of
   59  State.
   60         (2) The following divisions of the Department of State are
   61  established:
   62         (e) Division of Arts and Culture Cultural Affairs.
   63         Section 3. Subsections (3) and (4) of section 265.283,
   64  Florida Statutes, are amended to read:
   65         265.283 Definitions.—The following definitions shall apply
   66  to ss. 265.281-265.709:
   67         (3) “Director” means the Director of the Division of Arts
   68  and Culture Cultural Affairs of the Department of State.
   69         (4) “Division” means the Division of Arts and Culture
   70  Cultural Affairs of the Department of State.
   71         Section 4. Section 265.284, Florida Statutes, is amended to
   72  read:
   73         265.284 Chief arts and culture cultural officer; director
   74  of division; powers and duties.—
   75         (1) The Secretary of State is the chief arts and culture
   76  cultural officer of the state.
   77         (2) The division is the state arts administrative agency
   78  and shall be headed by a director who shall serve at the
   79  pleasure of the secretary.
   80         (3) The division shall directly administer and oversee all
   81  of the programs authorized by this act. In furtherance thereof,
   82  the division shall:
   83         (a) Accept and administer state and federal funds
   84  appropriated by the Legislature or funds received from other
   85  public or private sources.
   86         (b) Advance funds for grants on a quarterly basis.
   87         (c) Enter into agreements for awarding grants or other
   88  contracts with any person, firm, performing arts company,
   89  educational institution, arts organization, corporation, or
   90  governmental agency as may be necessary or advisable to carry
   91  out its functions under this act.
   92         (d) Upon request, or at its own initiative, consult with
   93  and advise other individuals, groups, organizations, or state
   94  agencies and officials, particularly the Governor and the
   95  Cabinet, concerning the acquisition by gift or purchase of fine
   96  art works, the appropriate use and display of state-owned art
   97  treasures for maximum public benefit, and the suitability of any
   98  structures or fixtures, including framing, primarily intended
   99  for ornamental or decorative purposes in the interior of public
  100  buildings.
  101         (e) Accept on behalf of the state donations of money,
  102  property, art objects, and antiquities. Such donations of money
  103  and any cash income may be received from the disposal of any
  104  donations of property, art objects, or antiquities, which shall
  105  be deposited into the Grants and Donations Trust Fund and are
  106  hereby appropriated for use by the division for the purposes
  107  authorized in this act.
  108         (f) Sponsor performances and exhibits; promote and
  109  encourage the study and appreciation of arts and culture; and
  110  collect, publish, and print pamphlets, papers, newsletters, and
  111  other materials related to arts and cultural programs available
  112  throughout the state.
  113         (g) Conduct and support cultural programs and cultural
  114  exchanges by coordinating with the appropriate state agencies
  115  and other organizations.
  116         (h) Accept funding and other forms of support for the
  117  purposes in this act.
  118         (i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
  119  into contracts to insure museum collections, artifacts, relics,
  120  and fine arts to which it holds title or which are on loan to
  121  the division.
  122         (j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  123  implement this subsection.
  124         Section 5. Subsection (6) of section 265.2865, Florida
  125  Statutes, is amended to read:
  126         265.2865 Florida Artists Hall of Fame.—
  127         (6) The Division of Arts and Culture Cultural Affairs of
  128  the Department of State shall adopt rules necessary to carry out
  129  the purposes of this section, including, but not limited to,
  130  procedures for accepting nominations to, making recommendations
  131  for, selecting members of the Florida Artists Hall of Fame, and
  132  providing travel expenses for such recipients. Notwithstanding
  133  the provisions of s. 112.061, the Secretary of State may approve
  134  first-class travel accommodations for recipients of the Florida
  135  Artists Hall of Fame award and their representatives for health
  136  or security purposes.
  137         Section 6. Sections 265.601, 265.602, 265.603, and 265.605,
  138  Florida Statutes, are repealed.
  139         Section 7. Subsections (1) and (5) of section 265.701,
  140  Florida Statutes, are amended to read:
  141         265.701 Cultural facilities; grants for acquisition,
  142  renovation, or construction; funding; approval; allocation.—
  143         (1) The Division of Arts and Culture Cultural Affairs may
  144  accept and administer moneys appropriated to it for providing
  145  grants to counties, municipalities, and qualifying nonprofit
  146  corporations for the acquisition, renovation, or construction of
  147  cultural facilities.
  148         (5) The Division of Arts and Culture Cultural Affairs shall
  149  adopt rules prescribing the criteria to be applied by the
  150  Florida Council on Arts and Culture in recommending applications
  151  for the award of grants and rules providing for the
  152  administration of the other provisions of this section.
  153         Section 8. Subsection (2) of section 265.7025, Florida
  154  Statutes, is amended to read:
  155         265.7025 Definitions relating to historic programs.—For the
  156  purposes of ss. 265.7025-265.709, the term:
  157         (2) “Division” means the Division of Arts and Culture
  158  Cultural Affairs of the Department of State.
  159         Section 9. Section 265.704, Florida Statutes, is amended to
  160  read:
  161         265.704 Historical museums; powers and duties of the
  162  Division of Arts and Culture Cultural Affairs.—
  163         (1) The division shall adopt rules pursuant to ss.
  164  120.536(1) and 120.54 to administer the provisions of ss.
  165  265.7025-265.709.
  166         (2) The division may make and enter into all contracts and
  167  agreements with other agencies, organizations, associations,
  168  corporations, and individuals or with federal agencies as it may
  169  determine are necessary, expedient, or incidental to the
  170  performance of its duties or the execution of its powers under
  171  ss. 265.7025-265.709.
  172         (3) The division may accept gifts, grants, bequests, loans,
  173  and endowments for purposes not inconsistent with its
  174  responsibilities under this chapter. The division may also
  175  establish an endowment that is consistent with the
  176  responsibilities under ss. 265.7025-265.709.
  177         (4) It is the duty of the division to:
  178         (a) Promote and encourage throughout the state knowledge
  179  and appreciation of Florida history by encouraging the people of
  180  the state to engage in the preservation and care of artifacts,
  181  museum items, treasure troves, and other historical properties;
  182  the collection, research, fabrication, exhibition, preservation,
  183  and interpretation of historical materials; the publicizing of
  184  the state’s history through public information media; and other
  185  activities in historical and allied fields.
  186         (b) Encourage, promote, maintain, and operate historical
  187  museums, including, but not limited to, mobile museums, junior
  188  museums, and the Museum of Florida History in the state capital.
  189         (c) Plan and develop, in cooperation with other state
  190  agencies and with municipalities, programs to promote and
  191  encourage the teaching of Florida’s history and heritage in
  192  Florida schools and other educational institutions and other
  193  such educational programs as may be appropriate.
  194         (d) Establish professional standards for the preservation,
  195  exclusive of acquisition, of historical resources in state
  196  ownership or control.
  197         (e) Take such other actions as are necessary or appropriate
  198  to locate, acquire, protect, preserve, operate, interpret, and
  199  promote the location, acquisition, protection, preservation,
  200  operation, and interpretation of historical resources to foster
  201  an appreciation of Florida history and culture.
  202         Section 10. Subsection (4) of section 468.401, Florida
  203  Statutes, is amended to read:
  204         468.401 Regulation of talent agencies; definitions.—As used
  205  in this part or any rule adopted pursuant hereto:
  206         (4) “Engagement” means any employment or placement of an
  207  artist, where the artist performs in his or her artistic
  208  capacity. However, the term “engagement” shall not apply to
  209  procuring opera, music, theater, or dance engagements for any
  210  organization defined in s. 501(c)(3) of the Internal Revenue
  211  Code or any nonprofit Florida arts organization that has
  212  received a grant from the Division of Arts and Culture Cultural
  213  Affairs of the Department of State or has participated in the
  214  state touring program of the Division of Arts and Culture
  215  Cultural Affairs.
  216         Section 11. This act shall take effect July 1, 2020.