Amendment
Bill No. CS/CS/SB 1780

Amendment No. 963423

CHAMBER ACTION
Senate		House
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1	Representative Glorioso offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Section 265.281, Florida Statutes, is amended
7	to read:
8	265.281  Florida Fine Arts and Culture Act; short
9	title.--Sections 265.281-265.709 265.281-265.286 shall be known
10	and may be cited as the "Florida Fine Arts and Culture Act of
11	1980."
12	Section 2.  Section 265.282, Florida Statutes, is amended
13	to read:
14	265.282  Legislative intent.--The Legislature recognizes
15	the vast cultural resources available in this the state for the
16	development, promotion, and enjoyment of the fine arts and
17	culture. It is the intent of the Legislature by enactment of
18	this legislation to provide for maximum efficiency in providing
19	state support for, and gaining national and international
20	recognition of, the efforts, works, and performances of Florida
21	artists and art agencies, museums, and nonprofit organizations.
22	Furthermore, it is the intent of the Legislature shall to foster
23	and ensure, through the state arts administrative agency,
24	programs authorized by this act created hereunder, the
25	development of a receptive climate for the fine arts; to enrich
26	culturally and benefit the citizens of this state in their daily
27	lives; to make Florida visits and vacations all the more
28	appealing to the world; and to attract to Florida residency
29	additional outstanding creators in the fields of fine arts
30	through appropriate programs of publicity, education,
31	coordination, grants, and activities, such as sponsorship of art
32	lectures and exhibitions and central compilation and
33	dissemination of information on the progress of the fine arts in
34	Florida.
35	Section 3.  Section 265.283, Florida Statutes, is amended
36	to read:
37	265.283  Definitions relating to Florida Fine Arts Act of
38	1980.--As used in ss. 265.281-265.709, the term The following
39	definitions shall apply to ss. 265.281-265.286:
40	(1)  "Arts and cultural disciplines" includes, but is not
41	limited to, music, dance, theatre, creative writing, literature,
42	architecture, painting, sculpture, folk arts, photography,
43	crafts, media arts, visual arts, programs of museums, and other
44	such allied, major art forms.
45	(2)  "Arts in Education grant" means a grant the purpose of
46	which is to cultivate the learning and artistic development of
47	all students and teachers by promoting, encouraging, and
48	supporting arts and culture as an integral part of education and
49	lifelong learning for the citizens of and visitors to this
50	state.
51	(3)(1)  "Council" means the Florida Arts Council on Arts
52	and Culture.
53	(4)  "Cultural Support grant" means a grant that provides
54	for general program support and specific cultural projects.
55	(5)  "Culture Builds Florida grant" means a grant the
56	purpose of which is to connect the arts to key areas of the
57	division's long-term strategic plan.
58	(6)(2)  "Department" means the Department of State.
59	(7)(3)  "Director" means the Director of the Division of
60	Cultural Affairs of the Department of State.
61	(8)(4)  "Division" means the Division of Cultural Affairs
62	of the Department of State.
63	(9)  "Historical museum" means a department or agency of
64	state or local government, or a public or private nonprofit
65	organization, located in this state and operating on a permanent
66	basis for the primary purpose of sponsoring, producing, and
67	exhibiting educational programs that are related to the
68	historical resources of this state.
69	(10)  "Local arts agency" means a public or private
70	nonprofit organization located in this state and operating on a
71	permanent basis for the primary purpose of strengthening,
72	supporting, and stabilizing the activities of one or more county
73	art and cultural constituencies.
74	(11)(5)  "Panel" means a grant review panel.
75	(12)  "Science museum" means a public or private nonprofit
76	organization located in this state and operating on a permanent
77	basis for the primary purpose of sponsoring, producing, and
78	exhibiting programs for the observation and study of various
79	types of natural science and science technology.
80	(13)(6)  "Secretary" means the Secretary of State.
81	(14)  "State service organization" means a public or
82	private nonprofit organization located in this state and
83	operating on a permanent basis for the primary purpose of
84	implementing programs that have substantial cultural
85	significance, giving emphasis to American creativity and the
86	maintenance and encouragement of professional excellence.
87	(15)  "Touring Program grant" means a grant the purpose of
88	which is to provide performances, activities, and exhibitions by
89	Florida artists to Florida communities.
90	(16)  "Underserved Arts Community Assistance Program grant"
91	means a grant awarded to a qualified organization under the
92	Rural Economic Development Initiative, pursuant to ss. 288.0656
93	and 288.06561, for the purpose of economic and organizational
94	development of underserved cultural organizations.
95	(17)  "Youth and children's museum" means a public or
96	private nonprofit organization located in this state and
97	operating on a permanent basis for the primary purpose of
98	sponsoring, producing, and exhibiting multidisciplinary,
99	participatory programs oriented toward visitors ages 6 months
100	through 15 years and their families, teachers, and caregivers.
101	(7)  "The arts" means any and all artistic disciplines,
102	which include, but are not limited to, music, dance, drama,
103	theater programs, creative writing, literature, architecture,
104	painting, sculpture, folk arts, photography, crafts, and public
105	media, and the execution and exhibition of other such allied,
106	major art forms.
107	Section 4.  Section 265.284, Florida Statutes, is amended
108	to read:
109	265.284  Chief cultural officer; director of division;
110	powers and duties.--
111	(1)  The Secretary of State is the chief cultural officer
112	of this the state, and the Division of Cultural Affairs is
113	designated as the state arts administrative agency.
114	(2)  The division is the state arts administrative agency
115	and of Cultural Affairs of the Department of State shall be
116	headed by a director, who shall serve at the pleasure of the
117	secretary of State.
118	(3)  The division of Cultural Affairs shall have direct
119	administrative authority and responsibility for all of the
120	programs authorized by this act. In furtherance thereof, the
121	division shall have the authority to:
122	(a)  Accept and administer state and federal funds
123	appropriated by the Legislature or those funds received from
124	other public or private sources provided for the fine arts, the
125	grants, and any program authorized by this act.
126	(b)  Advance funds for grants on a quarterly basis.
127	(c)(b)  Subject to the approval of the Secretary of State,
128	Enter into grant award agreements or other such contracts with
129	any person, firm, performing arts company, educational
130	institution, arts organization, corporation, or governmental
131	agency as may be necessary or advisable to carry out its
132	functions under this act.
133	(c)  Seek, and help assure, a uniformity of artwork within
134	state buildings and review all art content of existing public
135	buildings or buildings of state ownership for the purpose of
136	making recommendations to the Department of Management Services
137	as to matters of installation, relocation, restoration, removal,
138	or any other disposition of such works of art.
139	(d)  Upon On request, or at its own initiative, consult
140	with and advise other individuals, groups, organizations, or
141	state agencies and officials, particularly the Governor and the
142	Cabinet, concerning the acquisition by gift or purchase of fine
143	art works, the appropriate use and display of state-owned art
144	treasures for maximum public benefit, and the suitability of any
145	structures or fixtures, including framing, primarily intended
146	for ornamental or decorative purposes in the interior of public
147	buildings.
148	(e)  Accept on behalf of the state donations of money,
149	property, art objects, and antiquities. Such donations of money
150	and any cash income which may be received by the division or
151	which were previously received by the Florida Fine Arts Council
152	from the disposal of any donations of property, art objects, or
153	antiquities. These amounts shall be deposited into the Florida
154	Fine Arts a separate Trust Fund and are hereby appropriated for
155	to the use by of the division for the purposes authorized by of
156	this act.
157	(f)  Sponsor performances and exhibits; promote and
158	encourage the study and appreciation of arts and culture; and
159	collect, publish, and print pamphlets, papers, newsletters, and
160	other materials related to arts and cultural programs available
161	throughout the state.
162	(g)  Conduct and support cultural programs and cultural
163	exchanges in conjunction with the appropriate state agencies and
164	other organizations, including the acceptance of funding and
165	other forms of support for such purposes.
166	(h)  Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
167	into contracts to insure museum collections, artifacts, relics,
168	and fine arts to which it holds title or that are on loan to the
169	division.
170	(i)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
171	implement provisions of law conferring duties on the division.
172	(4)  There is created the Florida Fine Arts Trust Fund,
173	which shall to be administered by the department and of State
174	for the purposes set forth by law. The Florida Fine Arts Trust
175	Fund shall consist of moneys appropriated by the Legislature or
176	and moneys contributed to the fund from any other source.
177	(5)  The division is further authorized to:
178	(a)  Accept and administer moneys appropriated by the
179	Legislature, and moneys received from the Federal Government or
180	from other public or private sources, for the development of
181	nationally recognized Florida performing arts groups through a
182	state touring program. The division shall develop and establish
183	a selection procedure which will ensure maximum opportunity for
184	selection of and participation by Florida performing arts groups
185	in the state touring program.
186	(b)  Sponsor performances and exhibits; promote and
187	encourage the study and appreciation of fine arts; and collect,
188	publish, and print pamphlets, papers, newsletters, and other
189	materials relating to fine arts programs available throughout
190	the state.
191	(c)  Conduct and support cultural programs and cultural
192	exchanges in conjunction with the appropriate state agencies,
193	including the acceptance of funding, technical assistance, and
194	other forms of support for such purposes.
195	(d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
196	implement provisions of law conferring duties on it.
197	(6)  Notwithstanding any provision of s. 287.022 or s.
198	287.025(1)(e), the division may enter into contracts to insure
199	museum collections, artifacts, relics, and fine arts to which it
200	holds title.
201	Section 5.  Section 265.285, Florida Statutes, is amended
202	to read:
203	265.285  Florida Arts Council on Arts and Culture;
204	membership, duties.--
205	(1)(a)  The Florida Arts Council on Arts and Culture is
206	created within in the department as an advisory body, as defined
207	in s. 20.03(7), to consist of 15 members. Seven members shall be
208	appointed by the Governor, four members shall be appointed by
209	the President of the Senate, and four members shall be appointed
210	by the Speaker of the House of Representatives. The
211	appointments, to be made in consultation with the Secretary of
212	State, shall recognize the need for geographical representation.
213	Council members appointed by the Governor shall be appointed for
214	4-year terms beginning on January 1 of the year of appointment.
215	Council members appointed by the President of the Senate and the
216	Speaker of the House of Representatives shall be appointed for
217	2-year terms beginning on January 1 of the year of appointment.
218	A member of the council who serves two 4-year terms or two 2-
219	year terms is not eligible for reappointment for 1 year
220	following the expiration of the member's second term. A member
221	whose term has expired shall continue to serve on the council
222	until such time as a replacement is appointed. Any vacancy on
223	the council shall be filled for the remainder of the unexpired
224	term in the same manner as for the original appointment. Members
225	should have a substantial history of community service in the
226	performing or visual arts, which includes, but is not limited
227	to, theatre, dance, folk arts, music, architecture, photography,
228	and literature, media arts, visual arts, and museums. In
229	addition, it is desirable that members have successfully served
230	on boards of cultural institutions such as museums and
231	performing arts centers or are recognized as patrons of the
232	arts.
233	(b)  The members shall elect a chair from their number
234	annually. The council shall meet at the call of its chair, at
235	the request of the division department, or at such times as may
236	be prescribed by its rules. A majority of the members of the
237	council constitutes a quorum, and a meeting may not be held with
238	less than a quorum present. The affirmative vote of a majority
239	of the members of the council present is necessary for any
240	official action by the council.
241	(c)  The Secretary of State may appoint review panels
242	representing various artistic disciplines to assist the Florida
243	Arts Council in the grant review process. Review panel members
244	shall serve for 1-year terms. Each panel shall include
245	practicing artists or other persons actively involved in the
246	specific discipline for which the panel is to review grants. The
247	panels shall review grant applications and make recommendations
248	to the council concerning the relative merits of the applicants.
249	The division shall, by rule, establish criteria for reviewing
250	grant applications to ensure compliance with applicable federal
251	and state laws relating to discrimination and conflicts of
252	interest.
253	(d)  The council and panels shall provide a forum for
254	public comment prior to voting on any art grant application.
255	(c)(e)  Members of the council and panels shall not receive
256	any compensation for their services but shall be reimbursed for
257	travel and expenses incurred in the performance of their duties,
258	as provided in s. 112.061.
259	(d)(f)  If a member of the council is absent from two
260	consecutive meetings or any two regularly scheduled meetings in
261	any calendar year, the council member's appointment shall be
262	terminated unless the original appointing authority determines
263	that extenuating circumstances exist.
264	(e)(g)  The original appointing authority may remove any of
265	his or her appointees from the council for misconduct or
266	malfeasance in office, neglect of duty, incompetence, or
267	permanent inability to perform official duties or if there has
268	been an adjudication that the member is guilty of a felony.
269	(2)  The duties of the council shall be to:
270	(a)  Advocate for arts and culture by stimulating and
271	encouraging throughout the state the study and presentation of
272	arts and cultural activities that are of public interest and
273	encourage participation in those activities.
274	(b)(a)  Advise the secretary of State in all matters
275	pertaining to arts and cultural art, specifically with respect
276	to any programs and grants administered operated by the division
277	department as authorized hereunder.
278	(b)  Stimulate and encourage throughout the state the study
279	and presentation of the arts and public interest and
280	participation therein.
281	(c)  Make such surveys as may be advisable of public and
282	private institutions which are engaged within the state in
283	artistic and cultural activities.
284	(c)(d)  Encourage the participation in and appreciation of
285	the arts and culture to meet the needs and aspirations of
286	persons in all parts of the state.
287	(d)(e)  Encourage public interest in the cultural heritage
288	of this state and expand the cultural resources of this the
289	state.
290	(e)(f)  Encourage and assist freedom of artistic
291	expression, which is essential for the well-being of the arts.
292	(f)(g)  Advise the secretary of State in all matters
293	concerning the awarding of grants for the arts as authorized by
294	under this act.
295	(h)  Promote the enhancement and beautification of the
296	interiors of the Capitol Building and other public buildings and
297	advise appropriate state officers, state agencies, and the
298	Department of Management Services in this regard.
299	(g)(i)  Review grant applications for grants for the
300	acquisition, renovation, or construction of cultural facilities
301	and recommend a priority for the receipt of such grants, as
302	provided in s. 265.701.
303	Section 6.  Section 265.286, Florida Statutes, is amended
304	to read:
305	(Substantial rewording of section. See
306	s. 265.286, F.S., for present text.)
307	265.286  Art and cultural grants.--
308	(1)  The secretary may appoint review panels representing
309	various arts and cultural disciplines and programs to assist the
310	council in the grant review process. Review panel members shall
311	serve for 1-year terms. Each panel shall include practicing
312	artists or other professionals actively involved in the specific
313	discipline or program for which the panel is to review grants.
314	Panel members shall review and score grant applications and
315	recommend grant awards to the council by submitting lists of
316	eligible grant applicants, arranged in order of priority by
317	score. Scoring shall be by formula set forth in rule by the
318	division.
319	(2)  The council and panels shall provide a forum for
320	public comment prior to voting on any grant application.
321	(3)  The council shall review the recommended grant
322	application lists submitted by the review panels. It shall
323	separate the applications that it recommends to the secretary
324	for funding into two lists, arranged in order by score, for
325	general program support funding and for specific cultural
326	project funding. The secretary shall review the council's
327	recommendations and, beginning July 1, 2010, submit the lists of
328	approved grant applications to the Legislature in the
329	department's legislative budget request.
330	(4)  Project grants shall be funded from the secretary's
331	approved list, in the order of score, until all appropriated
332	funds are depleted. When specific project grant funds are
333	returned to the division, the division shall award those funds
334	to the next grant applicant on the secretary's approved project
335	grants list. General program support grants shall be awarded to
336	applicants on the secretary's approved list in amounts to be
337	determined by rule.
338	(5)  The division may fund the following grant program
339	areas and adopt rules related thereto:
340	(a)  General program support for science museums, youth and
341	children's museums, historical museums, local arts agencies,
342	state service organizations, and organizations with cultural
343	program activity in any of the arts and cultural disciplines.
344	(b)  Specific cultural projects for arts in education,
345	museums, Culture Builds Florida, or nonprofit public or private
346	organizations with cultural project activity in any of the arts
347	and cultural disciplines.
348	(c)  A touring program with a selection procedure that will
349	ensure maximum opportunity for Florida artists and cultural
350	groups.
351	(d)  An individual artist fellowship program with a
352	selection procedure that will identify individual artists of
353	exceptional talent and demonstrated ability. The division shall
354	distribute grant appropriations as set forth by rule.
355	(e)  Other programs consistent with the purposes of this
356	act.
357	(6)  Consistent with the requirements of this act, the
358	division shall also establish rules regarding:
359	(a)  Eligibility criteria for the award of grants, which
360	may include application requirements, program quality, artistic
361	quality, creativity, potential public exposure and benefit,
362	ability to properly administer grant funds, professional
363	excellence, fiscal stability, state or regional impact, matching
364	requirements, and such other requirements to further the
365	purposes of this act.
366	(b)  Particular grant programs, categories of grants, and
367	procedures necessary for the prudent administration of the grant
368	programs.
369	(c)  The panel review process, including criteria for
370	reviewing grant applications to ensure compliance with
371	applicable federal and state law, including those related to
372	discrimination and conflicts of interest. The division may not
373	award any new grant that will, in whole or in part, inure to the
374	personal benefit of any council or review panel member during
375	that member's term of office if the council or panel member
376	participated in the vote of the council or panel recommending
377	the award. This subsection does not prohibit the division from
378	awarding a grant to an entity with which a council or panel
379	member is associated.
380	(7)  The division shall award grants:
381	(a)  To supplement the financial support of artistic and
382	cultural activities and programs that, without grant assistance,
383	may otherwise be unavailable to citizens of this state.
384	(b)  To those activities and programs that have substantial
385	artistic and cultural significance, giving emphasis to
386	creativity and the maintenance and encouragement of professional
387	excellence.
388	(c)  To those activities and programs meeting professional
389	standards or standards of authenticity of significant merit,
390	regardless of origin.
391	(d)  For other purposes consistent with this act.
392	(8)  An eligible grantee shall be a nonprofit, tax-exempt
393	Florida corporation; local or state governmental entity; school
394	district, community college, college, or university; agency of
395	state government; or artist engaged in or concerned with arts
396	and cultural activities.
397	(9)  In order to equitably distribute limited state
398	funding, grant applicants may only apply for and be awarded one
399	grant per annual grant cycle, except for cultural facilities,
400	cultural endowments, touring program grants, and individual
401	artist fellowships.
402	(10)  Of the total amount of grant funds available from all
403	sources for grants, except cultural facilities and cultural
404	endowments, 70 percent shall be awarded on at least a dollar-
405	for-dollar matching basis. Up to 50 percent of the grantee's
406	match may consist of in-kind funds. Up to 30 percent of all
407	grant funds may be awarded on a nonmatching basis, including
408	individual fellowships.
409	Section 7.  Effective upon this act becoming a law, section
410	679.527, Florida Statutes, is amended to read:
411	679.527  Florida Secured Transaction Registry.--
412	(1)  As used in this section, the term:
413	(a)  The "Florida Secured Transaction Registry" or
414	"registry" means the centralized database in which all initial
415	financing statements, amendments, assignments, and other
416	statements of change authorized to be filed under this chapter
417	are filed, maintained, and retrieved. The term does not apply to
418	documents that are filed under this chapter with the clerk of a
419	circuit court.
420	(b)  "Department" means the Department of State.
421	(c)  "Materials and records" includes, but is not limited
422	to databases, source or object codes, and any software relating
423	to the Florida Secured Transaction Registry or other filing
424	system for centralized filing under this chapter, regardless of
425	the original source of its creation or maintenance.
426	(2)  Under chapter 287, the department has the authority to
427	determine and select the most qualified respondents to the
428	request for qualifications and to negotiate and enter into one
429	or more contracts as provided in this section. The contract may
430	not be assignable or otherwise transferable without the express
431	written consent of the department, notwithstanding any
432	limitations imposed by s. 679.4061 or s. 679.4081.
433	(3)  The department shall perform the duties, as filing
434	officer and filing office under this chapter, for the Florida
435	Secured Transaction Registry until October 1, 2001, or until the
436	effective date of a contract executed by the department to
437	administer and operate the registry for the performance of these
438	duties, whichever occurs later. At that time, the department
439	shall cease serving as the designated filing officer and filing
440	office for the registry under this chapter, and thereafter,
441	except to the extent the department may reclaim those duties as
442	provided below, the department shall not be responsible for the
443	performance of the duties of the filing office or officer under
444	this chapter, including determining whether documents tendered
445	for filing under this chapter satisfy the requirements of law.
446	The department shall retain authority under this chapter to
447	approve the forms required to be filed under this chapter. If
448	authorized by the contract with the department, the entity
449	performing the duties of the filing office may certify a copy of
450	a financing statement, or an amendment thereto, which shall be
451	admissible in a state or federal court or in a proceeding before
452	any other tribunal.
453	(2)(4)  Notwithstanding The terms and conditions of any
454	contract to perform the administrative and operational functions
455	of the filing office or filing officer under this part for the
456	Florida Secured Transaction Registry shall terminate on June 30,
457	2009. Beginning July 1, 2009, the department shall perform the
458	administrative and operational functions of the filing office or
459	filing officer under this part for the Florida Secured
460	Transaction Registry. The department and the state shall retain
461	sole and exclusive ownership of the materials and records of the
462	registry, shall have the right to inspect and make copies of the
463	materials and records of the registry, and shall have the right
464	to immediately reclaim and take possession and control of the
465	original materials and records of the registry if any entity
466	under contract with the department to administer and operate the
467	registry does not, or cannot, perform the terms and conditions
468	of the contract for any reason or commences or is adjudicated a
469	debtor in an insolvency proceeding. If the department reclaims
470	control of the materials and records of the registry, the
471	department shall provide for the uninterrupted fulfillment of
472	the duties of the filing office and filing officer under this
473	chapter by administration and operation by the department until
474	a subsequent contract for such duties can be executed. The
475	department shall be entitled to injunctive relief if the entity
476	fails to turn over the materials and records upon demand, and
477	the Circuit Court for Leon County, Florida, shall have exclusive
478	original jurisdiction to adjudicate any disputes pertaining to
479	this section or any contract entered into under this section.
480	(5)  The Department of State shall immediately develop and
481	issue a Request for Qualifications seeking capable entities to
482	perform both the duties currently being performed by the
483	department as a filing officer and filing office under this
484	chapter.
485	(a)  The qualifications shall, at a minimum, provide for
486	the organization and maintenance of the Florida Secured
487	Transaction Registry as the centralized Uniform Commercial Code
488	filing and retrieval system, which:
489	1.  Is comparable and compatible with the department's
490	existing filing system.
491	2.  Is open to the public and accessible through the
492	Internet, to permit the review of all existing filings of the
493	department and all future filings in the registry, in compliance
494	with chapter 119.
495	3.  Provides for oversight and compliance audits by the
496	department.
497	4.  Requires records maintenance in compliance with this
498	chapter and chapter 119.
499	5.  Maintains the current level of filing fees and
500	procedures for the deposit of revenues with the department as
501	specified in chapter 15, net of operating costs, for a period of
502	5 years.
503	(b)  The Department of State shall develop performance
504	standards to ensure that the Florida Secured Transaction
505	Registry is accurate and complete and that the users thereof are
506	being well-served. Periodically, the department shall verify
507	that these performance standards are being met or modified as
508	may be needed from time to time.
509	Section 8.  Subsection (2) of section 255.043, Florida
510	Statutes, is amended to read:
511	255.043  Art in state buildings.--
512	(2)  The Department of Management Services or other state
513	agencies receiving appropriations for original constructions
514	shall notify the Florida Arts Council on Arts and Culture and
515	the user agency of any construction project which is eligible
516	under the provisions of this section. The Department of
517	Management Services or other state agency shall determine the
518	amount to be made available for purchase or commission of works
519	of art for each project and shall report these amounts to the
520	Florida Arts Council on Arts and Culture and the user agency.
521	Payments therefor shall be made from funds appropriated for
522	fixed capital outlay according to law.
523	Section 9.  Paragraph (a) of subsection (2) and subsection
524	(3) of section 265.2865, Florida Statutes, are amended to read:
525	265.2865  Florida Artists Hall of Fame.--
526	(2)(a)  There is hereby created the Florida Artists Hall of
527	Fame. The Florida Arts Council on Arts and Culture shall
528	identify an appropriate location in the public area of a
529	building in the Capitol Center that is under the jurisdiction of
530	the Department of Management Services, which location shall be
531	set aside by the department and designated as the Florida
532	Artists Hall of Fame.
533	(3)  The Florida Arts Council on Arts and Culture shall
534	accept nominations annually for persons to be recommended as
535	members of the Florida Artists Hall of Fame. The council shall
536	recommend to the Secretary of State persons to be named as
537	members of the Florida Artists Hall of Fame. The council shall
538	recommend as members of the Florida Artists Hall of Fame persons
539	who were born in Florida or adopted Florida as their home state
540	and base of operation and who have made a significant
541	contribution to the enhancement of the arts in this state.
542	Section 10.  Paragraph (f) of subsection (7) of section
543	265.32, Florida Statutes, is amended to read:
544	265.32  County fine arts council.--
545	(7)  COUNCIL MEETINGS; PUBLIC HEARINGS; COMMITTEES AND
546	ADVISERS; REPORTS; RULES.--
547	(f)  The county arts council may, from time to time and at
548	any time, submit to the Florida Arts Council on Arts and Culture
549	a report summarizing its activities and setting forth any
550	recommendations it considers appropriate, including
551	recommendations with respect to present or proposed legislation
552	concerning state encouragement and support of the arts.
553	Section 11.  Paragraph (c) of subsection (1) of section
554	265.606, Florida Statutes, is amended to read:
555	265.606  Cultural Endowment Program; administration;
556	qualifying criteria; matching fund program levels;
557	distribution.--
558	(1)  To be eligible for receipt of state matching funds,
559	the local sponsoring organization shall meet all of the
560	following criteria:
561	(c)  Be designated a cultural sponsoring organization by
562	the department, if recommended by the Florida Arts Council on
563	Arts and Culture to the Secretary of State pursuant to the
564	procedures contained in s. 265.285.
565	Section 12.  Subsections (3) and (5) of section 265.701,
566	Florida Statutes, are amended to read:
567	265.701  Cultural facilities; grants for acquisition,
568	renovation, or construction; funding; approval; allocation.--
569	(3)  The Florida Arts Council on Arts and Culture shall
570	review each application for a grant to acquire, renovate, or
571	construct a cultural facility which is submitted pursuant to
572	subsection (2) and shall submit annually to the Secretary of
573	State for approval lists of all applications that are
574	recommended by the council for the award of grants, arranged in
575	order of priority. The division may allocate grants only for
576	projects that are approved or for which funds are appropriated
577	by the Legislature. Projects approved and recommended by the
578	Secretary of State which are not funded by the Legislature shall
579	be retained on the project list for the following grant cycle
580	only. All projects that are retained shall be required to submit
581	such information as may be required by the department as of the
582	established deadline date of the latest grant cycle in order to
583	adequately reflect the most current status of the project.
584	(5)  The Division of Cultural Affairs shall adopt rules
585	prescribing the criteria to be applied by the Florida Arts
586	Council on Arts and Culture in recommending applications for the
587	award of grants and rules providing for the administration of
588	the other provisions of this section.
589	Section 13.  Subsection (2) of section 679.5011, Florida
590	Statutes, is amended to read:
591	679.5011  Filing office.--
592	(2)  The office in which to file a financing statement to
593	perfect a security interest in collateral, including fixtures,
594	of a transmitting utility is the Office of the Secretary of
595	State, or the filing office authorized by s. 679.527 to accept
596	filings for the Florida Secured Transaction Registry. The
597	financing statement also constitutes a fixture filing as to the
598	collateral indicated in the financing statement which is or is
599	to become fixtures.
600	Section 14.  Sections 265.2861, 265.2862, 265.289, 265.608,
601	265.609, 265.702, and 265.708, Florida Statutes, are repealed.
602	Section 15.  Except as otherwise expressly provided in this
603	act, this act shall take effect July 1, 2009.
604
605
606	-----------------------------------------------------
607	T I T L E  A M E N D M E N T
608	Remove the entire title and insert:
609	A bill to be entitled
610	An act relating to the Department of State; amending s.
611	265.281, F.S.; renaming the Florida Fine Arts Act of 1980
612	as the Florida Arts and Culture Act; amending s. 265.282,
613	F.S.; revising legislative intent to include the promotion
614	of activities involving arts and culture and support for
615	museums and nonprofit organizations; amending s. 265.283,
616	F.S.; revising and providing definitions; amending s.
617	265.284, F.S.; revising the responsibilities of the
618	Division of Cultural Affairs to administer funds, sponsor
619	events encouraging art and cultural programs, and enter
620	into certain contracts and agreements; providing
621	rulemaking authority; amending s. 265.285, F.S.; renaming
622	the Florida Arts Council as the Florida Council on Arts
623	and Culture; revising membership criteria; providing for
624	the council to meet at the request of the division;
625	deleting provisions relating to the appointment and
626	responsibilities of review panels; revising duties of the
627	council; amending s. 265.286, F.S.; authorizing the
628	Secretary of State to appoint review panels representing
629	arts and cultural disciplines and programs to assist the
630	council in the grant review process; providing terms and
631	responsibilities of panel members; requiring that the
632	council review grant application lists; requiring the
633	secretary to review the council's recommendations and
634	submit approved lists to the Legislature at a certain
635	time; establishing procedures for the awarding and funding
636	of grants; providing funding authority to the division for
637	certain programs and areas; requiring the division to
638	establish rules for eligibility criteria, grant programs,
639	and the panel review process; providing purposes for which
640	the division shall award grants; establishing eligibility
641	requirements for grantees; limiting grant awards to one
642	recipient per grant cycle; providing exceptions; providing
643	a formula for the distribution of matching and nonmatching
644	funds and permitting certain in-kind funds; amending s.
645	679.527, F.S.; providing for the termination of a contract
646	for administrative and operational functions for the
647	Florida Secured Transaction Registry upon a certain date;
648	providing that the department shall perform the duties of
649	filing officer and filing office; amending ss. 255.043,
650	265.2865, 265.32, 265.606, 265.701, and 679.5011, F.S.;
651	conforming provisions; repealing ss. 265.2861, 265.2862,
652	265.289, 265.608, 265.609, 265.702, and 265.708, F.S.,
653	relating to the Cultural Institutions Program and the
654	Cultural Institutions Trust Fund, general support program
655	for cultural institutions, audit information and admission
656	fees for state theater contract organizations, science
657	museums and grants, youth and children's museums and
658	grants, regional cultural facilities, and historical
659	museum grants; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.