DEPARTMENT OF STATE
Division of Cultural AffairsRULE NO.:RULE TITLE:
1T-1.039Cultural Facilities ProgramNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 50, March 13, 2013 issue of the Florida Administrative Register.
NOTICE OF PROPOSED RULE
DEPARTMENT OF STATE
Division of Cultural Affairs
RULE TITLE: Division of Cultural Affairs
RULE NO: 1T-1.039
PURPOSE AND EFFECT: The purpose of this amendment is delete the “calendar year” from dates within the rule and to change the dates that refer to the forms listed in the rule.
The Cultural Facilities Guidelines have been revised to remove the year and replace the year with the word “current” in reference to the guidelines and to change the dates of the forms.
The changes to the guidelines and forms are posted to the Division of Cultural Affairs Web site. As a result of the changes to the rule, it will not be necessary for the Division of Cultural Affairs to have the rule and guidelines approved each year. The new application is necessary because the process will now be conducted on the Florida Department of State Web site instead of through Oasis.
SUMMARY OF THE RULE: The proposed amendment to the rule addresses the dates in the rule, guidelines and new application.
FACTS AND CIRCUMSTANCES JUSTIFYING THE PROPOSED RULE: The Cultural Facilities Program guidelines and application form have been updated to reflect the change in the application format from a vendor to online application.
FEDERAL STANDARDS STATEMENT: There are no Federal standards for these programs.
STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the following, the Agency has determined that the proposed rule will not require legislative ratification pursuant to Section 120.541(3), F.S., or other applicable statutes: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with cultural-related activities and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
RULEMAKING AUTHORITY: 265.701(5) FS.
LAW IMPLEMENTED: 265.701 FS.
IF REQUESTED WITHIN 21 DAYS OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND A IS: Elsie J. Rogers, Division of Cultural Affairs, Brokaw McDougall House, 329 North Meridian Street, Tallahassee, 32301
THE FULL TEXT OF THE PROPOSED RULE IS:
1T-1.039 Cultural Facilities Program.
(1) This rule provides the requirements for the Cultural Facilities Program administered by the Division of Cultural Affairs (Division). All grant applicants must meet the requirements set forth in the 2014-2015 2013-2014 guidelines http://www.flrules.org/Gateway/reference.asp?No=Ref-01247, which are available from the Division at www.Florida-arts.org and are hereby incorporated by reference. The program guidelines contain eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, and application forms. All grant awards are subject to the approval of the Secretary of State and Legislative appropriation.
(2) The Cultural Facilities Program Application (FormCA2E147), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp? No=Ref-01247 must be submitted on-line at www.Florida-arts.org, is available from the Division, and is hereby incorporated by reference.
(3) The following forms must be used in the administration of the Cultural Facilities Program and are hereby incorporated by reference and available at www.Florida-arts.org:
(a) Cultural Facilities Report Form (Form CA2E048), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp?No=Ref-01247.
(b) State Funds Expenditure Log (Form CA2E119), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp?No=Ref-01247.
(c) Grant Amendment Request (Form CA2E047), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp?No=Ref-01247.
(d) Grant Award Agreement (Form CA2E038), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp?No=Ref-01247.
(e) Request for Warrant (Form CA2E001), effective 4/2013 6/2012; http://www.flrules.org/Gateway/reference.asp?No=Ref-01247.
Rulemaking Authority 265.701(5) FS. Law Implemented 265.701 FS. History–New 7-13-10, Amended 6-5-12,________.
Editorial Note: Formerly 1T-1.001(3), F.A.C.
NAME OF PERSON ORIGINATING PROPOSED RULE: Elsie Rogers
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Sandy Shaughnessy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Vol. 39, No. 45, published March 6, 2013
