This rule amendment updates the use and rental guidelines for the Mission San Luis site including facilities and grounds to reflect current practices and procedures. The revisions also reflect the addition of the military Fort exhibit and more ...

DEPARTMENT OF STATE
Division of Historical Resources

Rule No.: RULE TITLE
1A-37.001: Use or Rental of Mission San Luis Facilities
PURPOSE AND EFFECT: This rule amendment updates the use and rental guidelines for the Mission San Luis site including facilities and grounds to reflect current practices and procedures. The revisions also reflect the addition of the military Fort exhibit and more recently, the new Visitor Center opened in 2007 and 2009, respectively. The new Visitor Center is now available for use and rent.
SUMMARY: This rule amendment updates the use and rental process, and forms for the Mission San Luis’ facilities or site.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.10(3), 267.031, 267.17(2)(b) FS.
LAW IMPLEMENTED: 267.061(1), 267.14, 267.17 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 16, 2010, 10:30 a.m.
PLACE: Mission San Luis, 2100 West Tennessee Street, Tallahassee, FL 32304
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dr. Ryan Wheeler, Chief, Bureau of Archaeological Research, at [phone]; email: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Ryan Wheeler, Chief, Bureau of Archaeological Research, Department of State, at [phone]; email: [e-mail], or General Counsel’s Office, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

1A-37.001 Mission San Luis-Site Use and Rental of Mission San Luis Facilities.

(1) General provisions. Pursuant to Section 267.17, F.S., Tthe grounds and facilities buildings of Mission San Luis (Mission) may be made available for visitation and for rental through an agreement with the Friends of Mission San Luis, Inc. (FOMSL) pursuant to Section 267.17, F.S.

(a) The Mission welcomes site uses and rentals that are appropriate and consistent with the seventeenth-century setting at this historic property.

(b) The use of the Mission grounds or the rental of Mission facilities should advance public knowledge and appreciation of the site. Facilities must be used in a manner consistent with the state policy relative to historic properties in Sections 267.14 and 267.061(1), F.S.

(c)(b) Mission San Luis is a National Historic Landmark, and an important historical and archaeological site. No digging or ground disturbance of any kind is permitted on site. Events shall not permanently alter the site with equipment or decorations.

(c) Historical reconstructions at the Mission, including the church, council house, Spanish house, friary, kitchen, fort, and any future reconstructions are designated museum exhibits. The archaeological sensitivity and historical integrity of the site including these reconstructions buildings must be maintained at all times.

(d) Smoking is only permitted in designated areas in the Visitor Center’s balcony, courtyard, and parking lot. Otherwise, tThe entire site is a non-smoking area.

(e) Food and beverages may be permitted in site facilities with proper approval.

(e)(f) The sale of Aalcoholic beverages are is prohibited on the site except as provided in subsections (4) and (5), however, alcoholic beverages may be served free of charge at planned events.

(f)(g) Except for designated parking areas, no vehicles are permitted on the site grounds without proper approval. Service roads may be used for unloading or loading. Otherwise parking is only permitted, but vehicles must be parked in the designated visitor parking areas or other areas designated for special events.

(2) Definitions. The following words shall have the following meaning for the purposes of this rule:

(a) “Applicant” means any individual, group, partnership, corporation, organization or other legal entity that applies to the FOMSL for site use or rental.

(b) “Approved Provider” means any provider of food, beverages, or other event services, including cleaning, security, and parking or shuttle services approved by the FOMSL to provide these services for events held pursuant to the provisions of this rule.

(c) “Facility” shall be defined as any structure, building, or open area that the Mission opens for rental use.

(d) “FOMSL” refers to the Friends of the Mission San Luis.

(e) “Site” refers to the entire grounds and facilities of the Mission.

(f) “Rental user or “user” as used interchangeably means any individual, group partnership, corporation, organization or other legal entity that has applied to and been approved by the FOMSL for site use or rental.

(3)(2)(a) Visitation. Subject to subsection (1), the Mission shall be open to the public during normal operating hours.

(a) Any person Visitors to the Mission may, without application or cost other than paid admission per the FOMSL published fee schedule, visit the Mission or otherwise use designated areas of the site for picnics and programs during the Mission’s normal operating hours as posted on site.

(b) No fires or cooking of any kind is permitted by any visitor visitors.

(c) No visitor may permanently alter the site with equipment or decorations.

(d) No digging or ground disturbance of any kind is permitted.

(e) Tables and chairs already in the facilities, and outdoor picnic benches and tables are available for enjoyment and use of the site.

(4)(3) Rental use. Applicants may rent site facilities for planned events.

(a) The Visitor Center may be made available for meetings and events during or after normal operating hours, with the exception of the theatre, which is only available after normal operating hours. The Education Building may be made available for private meetings for up to 50 persons during or after normal operating hours.

(b) The Historic Grounds and Reconstructions may be made available for rental during and after normal operating hours for catered events.

(c) No event scheduled during normal operating hours shall Any scheduled event taking place during normal operating hours shall be open to the public and must not interfere with other visitors’ enjoyment of the site.

(d) No food or beverage, and other products or services associated with a rental of the Mission is permitted other than through an agreement with FOMSL. FOMSL may enter into a third-party agreement to provide such food, beverages, other products or services.

(e) Consumption of alcoholic beverages is permitted only in the Visitor Center complex provided it is secured through a FOMSL contracted provider of food and beverages. The FOMSL or the Department of State shall refuse service to and evict from the premises any member of any party who, because of intoxication or other unreasonable action, creates a disturbance or threatens the peace, tranquility, or safety of guests or property, or may be in violation of any beverage law.

(f) Events shall not permanently alter the site with equipment or decorations. Only non-staked tents may be used. Tents which require stakes to be driven into the ground are prohibited.

(g) A rental user must abide by the provisions of this rule, and the terms and conditions of Mission San Luis Site Use and Rental Application and Agreement (Form MSL01) as set forth in subsection (5).

(5)(4) Rental process-application, approval and fees.

(a) Any applicant who wishes to rent pursuant to subsection (4), person desiring to obtain approval for the rental of a Mission San Luis facility must first shall submit a completed Mission San Luis Site Use and Rental Application and Agreement (Form MSL01)(rev. ___/____). This form is incorporated by reference and available at http://www.missionsanluis.org/, or by visiting or writing to the Mission at 2100 West Tennessee Street, Tallahassee, Florida 32304 the Application for the Rental of a Mission San Luis Facility Form, Form MSL01, Effective 6/06, prescribed by the Department of State, Division of Historical Resources. The form is incorporated by reference herein and is available from the Mission San Luis Visitor Center.

(5) Unless otherwise specified, application and approval for the rental of an Historic Reconstruction facility is for a single event not to exceed one day. The application and approval for the rental of the Education Building is for a single event not to exceed four hours. An Education Building event that exceeds four hours will be subject to an additional four hour fee. Facilities must be used in a manner consistent with the Legislature’s intent to preserve the historic nature and dignity of state properties as enunciated in Sections 267.061 and 267.14, F.S. Events that do not uphold or that interfere with the historic nature of the Mission shall not be approved. An approved event that the Mission subsequently determines does not uphold or that interferes with the historic nature of the Mission shall be cancelled.

(6) The completed and signed application Applications and supporting documents must shall be filed with the Visitor Center Manager Director, Mission San Luis, 2100 West Tennessee Street 2021 Mission Road, Tallahassee, Florida 32304, no less than sixty (60) days in advance of the planned event. For catered events that include food and beverages, the Applicant must contract separately with an approved provider of food and beverages.

(b) The FOMSL has the right to approve or deny all rental requests in accordance with this rule.

1. No political fundraising activities are allowed. Other fundraising and revenue generating activities may be allowed in accordance with this rule.

2. Events that do not uphold or that interfere with the historic nature of the Mission shall not be approved.

3. An approved event that the FOMSL or the Department subsequently determines does not uphold or that interferes with the historic nature of the Mission shall be cancelled.

4. Events cannot include outside vendors selling to guests or attendees without the prior written permission of the FOMSL. Authorization may be granted by FOMSL when Mission resources are not adversely affected, when existing contractual relationships are not impaired or adversely affected, when a needed visitor service or product is provided, and when the provision of the product and/or service is consistent with MSL management practices as set out in this rule.

5. The FOMSL or the Department shall notify an applicant in writing if the rental application (MSL01) is approved or denied.

(7) Definitions. The following words shall have the following meanings for the purposes of this rule:

(a) “Facility” shall be defined as any structure, building, or open area that the Mission opens for rental use.

(b) “Site” refers to the entire grounds and facilities of the Mission.

(c)(8) Rental and other fees for Mission facilities and other expenses described shall be established by the Department and may be revised, as needed, in accordance with this rule. Rental fees for specific facilities are listed on Form MSL01. An initial deposit of fifty (50) percent of the listed fee is required at least forty-five (45) days prior to the date of the event. The remaining fifty (50) percent is due the day of the event. Cancellation of an event more than thirty (30) days prior to the scheduled date is without penalty and the Mission will return the deposit. Persons canceling an event less than thirty (30) days prior to the scheduled date will be responsible for one hundred (100) percent of the fee.

1. Fees shall be based on the cost of managing and operating the Mission site, the type of facility rented, the type of event, the season, and the historical and archeological value of the Mission site.

2. Fees shall also be relatively comparable to other similar rental space providers in the area.

3. The fee schedule shall be advertised once in the Florida Administrative Weekly, published on the Mission’s webbiest at: www.missionsanluis.org, and posted conspicuously on the Mission’s Visitor’s Center before it is formally approved. A hearing on the fee schedule may be held upon request. The Secretary of State or designee must subsequently approve in writing any fee schedule before it becomes final. The fee schedule in effect may be obtained at http://www.missionsanluis.org/, or by visiting or writing to the Mission at 2100 West Tennessee Street, Tallahassee, Florida 32304.

4.(a) Rental fees only include the rental of the facilities. Other fees, in addition to rental fees, Additional fees will apply if:

a.1. The event requires the use of the Mission’s audio-visual equipment.; or

b.2. The event requires special staffing, set-up, and clean-up.; or

c.3. If Tthe scheduled event takes place after normal hours.

d. The FOMSL determines, based on the nature and extent of the rental use, that there is a need for valet parking service, shuttle service and security personnel which shall be arranged through approved providers.

4. The fee for the use of Mission personnel for will be at a rate of ten (10) dollars per hour per Mission employee. The number of Mission employees will be determined prior to event approval and will be based on size and nature of the event.

(b) With the exception of the tables and chairs provided with the rental of the Education Building and the outdoor picnic benches, the Mission does not supply tables, chairs, or tents. Applicants are responsible for providing all equipment needed for an event. All equipment must be approved for use at an event. Tents which require stakes to be driven into the ground are prohibited.

5.(c) An agency, as defined by Sections 120.52(1) and (2), F.S., but not including Section 120.52(1)(b)8., F.S., authorized staff members of that agency, and FOMSL, and contributors to FOMSL may use the facilities free of charge for official agency functions or official FOMSL business; but must comply with all other facility rental fee requirements, including use of and fees for audio-visual equipment, special staffing, set-up and clean-up and overtime charges, cleaning deposit, and other charges related to catered events. Any alternative arrangements for food and beverages must first be reviewed by an approved provider to determine how such arrangement will be handled. Events by the abovementioned parties, not in the course of official FOMSL business or an official agency function are permitted, free of charge, but require prior approval.

Rulemaking Specific Authority 20.10(3), 267.031(1), 267.17(2)(b) FS. Law Implemented 267.031(2), 267.061, 267.14, 267.17 FS. History–New 7-19-06, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Ryan J. Wheeler, Chief, Bureau of Archaeological Research
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott M. Stroh, Director, Division of Historical Resources
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 13, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 3, 2010