Senate Bill 1602c1

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    Florida Senate - 2000                           CS for SB 1602

    By the Committee on Governmental Oversight and Productivity;
    and Senator Silver




    302-1818-00

  1                      A bill to be entitled

  2         An act relating to regional cultural

  3         facilities; creating s. 265.702, F.S.;

  4         authorizing the Division of Cultural Affairs of

  5         the Department of State to accept and

  6         administer funds to provide grants for

  7         acquiring, renovating, or constructing regional

  8         cultural facilities; providing for eligibility;

  9         requiring the Florida Arts Council to review

10         grant applications; requiring the council to

11         submit an annual list to the Secretary of

12         State; requiring the updating of information

13         submitted by an applicant that is carried over

14         from a prior year; providing definitions;

15         providing standards for matching state funds;

16         limiting the maximum amounts of grants;

17         granting rulemaking authority to the division;

18         providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 265.702, Florida Statutes, is

23  created to read:

24         265.702  Regional cultural facilities; grants for

25  acquisition, renovation, or construction; funding; approval;

26  allocation.--

27         (1)  The Division of Cultural Affairs of the Department

28  of State may accept and administer moneys that are

29  appropriated to it for providing grants to counties,

30  municipalities, and qualifying nonprofit corporations for the

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    Florida Senate - 2000                           CS for SB 1602
    302-1818-00




  1  acquisition, renovation, or construction of regional cultural

  2  facilities.

  3         (2)  A county, municipality, or qualified corporation

  4  may apply for a grant of state funds for the acquisition,

  5  renovation, or construction of a regional cultural facility.

  6  As used in this section, the term "qualified corporation"

  7  means a corporation that is designated as a not-for-profit

  8  corporation pursuant to s. 501(c)(3) or s. 501(c)(4) of the

  9  Internal Revenue Code, that is described in and allowed to

10  receive contributions under s. 170 of the Internal Revenue

11  Code, and that is a corporation not for profit incorporated

12  under chapter 617.

13         (3)  Any entity that owns an interest in the land upon

14  which a regional cultural facility is located or is to be

15  located must meet the requirements set forth in subsection

16  (2). A state grant awarded under this section must be matched

17  by a contribution from the county, municipality, or nonprofit

18  corporation in an amount equal to $2 for each $1 awarded under

19  this section.

20         (4)  The Florida Arts Council shall review each

21  application for a grant to acquire, renovate, or construct a

22  regional cultural facility which is submitted pursuant to

23  subsection (2) and shall submit annually to the Secretary of

24  State for approval a list of all applications received and a

25  list of all projects that are recommended by the council for

26  the award of grants, arranged in order of priority. The

27  division may allocate grants only for regional cultural

28  facilities that are approved by the secretary or for which

29  funds are appropriated by the Legislature. Regional cultural

30  facilities that are approved and recommended by the Secretary

31  of State but are not funded by the Legislature shall be

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    Florida Senate - 2000                           CS for SB 1602
    302-1818-00




  1  retained on the project list for the following grant cycle

  2  only. For each project that is retained, such information as

  3  the department requires must be submitted by the established

  4  deadline date of the latest grant cycle, in order to

  5  adequately reflect the most current status of the regional

  6  cultural facility.

  7         (5)  As used in this section, the term "regional

  8  cultural facility" means either:

  9         (a)  A facility described in s. 265.26 or s. 265.2901;

10  or

11         (b)  An existing or proposed fixed facility that is

12  primarily engaged in cultural programs and that:

13         1.  Has educational programs of excellence and

14  facilities, space, and staff dedicated to the development and

15  delivery of such cultural programs;

16         2.  Presents cultural programs or exhibits that are of

17  national or international renown or reputation;

18         3.  Has, within a 150-mile radius of the facility, a

19  service area that includes regular attendees, clients, or

20  program participants; and

21         4.  Has a documented proposed acquisition, renovation,

22  or construction cost of at least $50 million.

23         (6)  With respect to the matching funds required under

24  subsection (3):

25         (a)  In-kind contributions of goods or services may be

26  counted toward 50 percent of the required match; however, any

27  such in-kind contribution:

28         1.  Must be documented and valued at the fair-market

29  value to the facility;

30         2.  Must directly relate to the facility's acquisition,

31  renovation, or construction; and

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    Florida Senate - 2000                           CS for SB 1602
    302-1818-00




  1         3.  Must not be in the form of a lease.

  2         (b)  Documented expenditures made for project purposes

  3  during the 3 years immediately preceding the award of a grant

  4  may be used.

  5         (7)  The annual amount of a grant made under this

  6  section may not exceed the lesser of $2.5 million or 10

  7  percent of the total costs of the regional cultural facility.

  8  The total amount of the grants awarded to a regional cultural

  9  facility in a 5-year period may not exceed the lesser of $10

10  million or 10 percent of the total costs of a regional

11  cultural facility. The total cost of a regional cultural

12  facility must be calculated with respect to the primary scope

13  of the original proposal as submitted under this section and

14  may not include the cost of any additions that change the

15  scope of the regional cultural facility, such as additional

16  facilities or significant design alterations.

17         (8)  The Division of Cultural Affairs may adopt rules

18  prescribing the criteria to be applied to applications for

19  grants and rules providing for the administration of this

20  section.

21         Section 2.  This act shall take effect July 1, 2000.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SB 1602

25

26  Expands the type of facility that is eligible under the bill
    by substituting "cultural programs" for "the arts." "Cultural
27  programs" includes various types of museums.

28  Clarifies that in-kind contributions of goods or services may
    be counted toward 50 percent of the required match.
29

30

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