The purpose of this rule amendment is to establish in rule the most recent guidelines, forms and Grant Award Agreements for the Cultural Endowment Program, General Program Support, Specific Cultural Project, Fast Track Grants, and Cultural ...

 

DEPARTMENT OF STATE

Division of Cultural Affairs

RULE NOS.:RULE TITLES:

1T-1.001Division of Cultural Affairs

1T-1.036Arts and Cultural Grants

1T-1.039Cultural Facilities Program

1T-1.040Fast Track Grants

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish in rule the most recent guidelines, forms and Grant Award Agreements for the Cultural Endowment Program, General Program Support, Specific Cultural Project, Fast Track Grants, and Cultural Facilities.

SUMMARY: The guidelines and incorporated material for grant programs are being updated for the upcoming grant cycle.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this 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: Upon completion of the SERC checklist, it was determined that this rule amendment will not have a direct or indirect adverse financial impact on small businesses.

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.

RULEMAKING AUTHORITY: 265.605, 265.701(5), 265.284(3)(j), 265.286(1), 265.286(11) FS.

LAW IMPLEMENTED: 265.284, 265.286, 286.011, 286.012, 265.601-603, 265.605-606, 265.701 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Carlos A. Rey, Florida Department of State, 500 S. Bronough St., Tallahassee, FL 32304, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1T-1.001 Division of Cultural Affairs.

(1) Florida Council on Arts and Culture.

(a) Membership and duties of the Florida Council on Arts and Culture (Council) shall be in accordance with Section 265.285, F.S.

(b) Officers. The Chairperson, Vice Chairperson, and Secretary of the Council shall be elected annually by the Council membership and may be re-elected for subsequent terms. In the event of the resignation or term-expiration of an officer, interim elections may be held.

(c) The Chairperson has the authority to appoint standing and ad hoc committees of the Council, as well as appoint task forces made up of members of the Council and the general public. Standing and ad hoc committees, or task forces may report any recommendations to the Council at the next scheduled Council meeting. Recommendations shall be final upon approval by the Council, unless rejected by the Secretary of State.

(d) The Council shall meet in accordance with Section 265.285(1)(b), F.S. Notice shall be provided and meetings shall be conducted in accordance with Section 120.525, F.S.

(2) Cultural Endowment Program. The purpose of this program is to create an endowment matching funds program that will provide programming operating resources to participating cultural organizations. All endowment applicants must meet the requirements set forth in the program guidelines http://dos.florida-arts.org/grants/guidelines/endowment.guidelines.cfm, effective XX/XX 07/15, which are available from the Division at http://dos.myflorida.com/cultural/grants/grant-programs/cultural-endowment/ and are hereby incorporated by reference.

(3) The following forms must be used in the administration of the Cultural Endowment Program and are hereby incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-05449 and available at http://dos.myflorida.com/cultural/grants/grant-programs/cultural-endowment/:

(a) Cultural Endowment Application Form (CA2E037, new hyperlink https://www.flrules.org/Gateway/reference.asp?No=Ref-05448, eff. XX/XX 07/15) and available at http://dos.myflorida.com/media/31122/cepapplformca2e037.pdf.

(b) The Cultural Endowment Agreement (CA2E039, new hyperlink https://www.flrules.org/Gateway/reference.asp?No=Ref-05447, eff. XX/XX 07/15).

(c) Annual Report Form (CA2E100, new hyperlink https://www.flrules.org/Gateway/reference.asp?No=Ref-05446, eff. XX/XX 7/15).

Rulemaking Authority 265.605(1), 265.701(5) FS. Law Implemented 265.285, 265.601-.603, 265.605-.606, 265.701 FS. History–New 11-23-82, Formerly 1T-1.01, Amended 10-1-96, 10-31-96, 2-2-97, 6-2-97, 7-17-97, 9-10-97, 1-4-98, 7-26-98, 8-2-98, 10-5-98, 10-25-98, 8-17-99, 8-1-02, 12-29-02, 10-14-03(17), 10-14-03(20), 11-16-03, 2-2-05, 5-16-05, 6-21-05, 12-20-05, 5-22-06, 6-5-06, 6-27-06, 8-20-07, 9-16-07, 1-8-08, 7-8-08, 9-8-08, 3-5-09, 6-17-09, 10-27-09, 7-13-10, 7-5-15, xx-xx-xx.

 

1T-1.036 Arts and Cultural Grants.

(1) This rule provides the requirements for grant programs administered by the Division of Cultural Affairs (Division). Each program is governed by guidelines which 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.

(2) All grant applicants must meet the requirements set forth in the 2017-2018 2016/2017 guidelines for the General Program Support Guidelines, which are available from the Division at www.Florida-arts.org, effective XX/XX, and are hereby incorporated by reference:

(a) The General Program Support Program provides general program support for local arts agencies, state service organizations, and organizations that have general program activity in any of the art and cultural disciplines in Section 265.283(7), F.S.

(b) Specific Cultural Projects Program, provides funding for arts in education, underserved cultural community development, and other nonprofit public or private organizations having specific cultural project activity in any of the arts and cultural disciplines in Section 265.283(7), F.S. Grant administration procedures are also included as part of the guidelines.

(3) The following application form is available from the Division at www.Florida-arts.org and is hereby incorporated by reference: General Program Support and Specific Cultural Projects Program Application (Form CA2E145), new hyperlink effective XX/XXXX 05/2015).

(4) The following forms are used in the administration of all grant programs in this rule and are hereby incorporated by reference and available at www.Florida-arts.org:

(a) Final Report Form (Form CA2E004), new hyperlink, effective XX/XXXX 05/2015).

(b) Grant Award Agreement (Form CA2E142), new hyperlink, effective XX/XXXX 05/2015).

(c) Grant Funds Expenditure Log (CA2E136), new hyperlink, effective 03/2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-03726.

(d) Contract Details (CA2E159), new hyperlink, effective 05/2015).

(e) Contract Details Amendment (CA2E160), effective 05/2015.

(e)(f) Project Progress Report (Form CA2E162), new hyperlink, effective 05/2015).

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 10-27-09, Amended 6-1-10, 4-2-12, 6-10-13, 3-16-14, 5-27-15, xx-xx-xx.

 

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 guidelines, (new hyperlink) https://www.flrules.org/gateway/reference.asp?NO=Ref-05282, effective XX/XXXX 04/15, 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, 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 (Form CA2E147), (new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05289, effective XX/XXXX 04/15) is available from the Division on line at www.Florida-arts.org, 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), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05274, effective XX/XXXX  04/15).  

(b) Grant Amendment Request (Form CA2E047), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05278, effective XX/XXXX 04/15).

(c) Grant Award Agreement (Form CA2E038), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05279, effective XX/XXXX 04/15).

Rulemaking Authority 265.701(5) FS. Law Implemented 265.701 FS. History–New 7-13-10, Formerly 1T-1.001(3), Amended 6-5-12, 6-13-13, 3-16-14, 4-29-15, xx-xx-xx.

 

1T-1.040 Fast Track Grants.

(1) This rule provides the requirements for the Fast Track Grants Program administered by the Division of Cultural Affairs (Division). The guidelines contain eligibility requirements, application review procedures, evaluation criteria, and application forms. All grant awards are subject to the approval of the Secretary of State.

(2) All grant applicants must meet the requirements set forth in the 2016-2017 guidelines for the Fast Track Grants Program, new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05276, effective XX/XXXX 4/2015, which are available from the Division at www.Florida-arts.org and are hereby incorporated by reference.

(3) The following application form is available from the Division at www.Florida-arts.org and is hereby incorporated by reference: Fast Track Grants Program Application (Form CA2E157), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05273, effective XX/XXXX 4/2015).

(4) The following forms are used in the administration of the Fast Track Grant Program in this rule and are hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-02707.

(a) Final Report Form (Form CA2E004), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05277, effective XX/XXXX 4/2015).

(b) Grant Funds Expenditure Log (CA2E136), new hyperlink, effective 03/2014, https://www.flrules.org/Gateway/reference.asp?No=Ref-03513).

(c) Grant Award Agreement (Form CA2E142), new hyperlink https://www.flrules.org/gateway/reference.asp?NO=Ref-05290, effective XX/XXXX 4/2015).

(d) Contract Details (CA2E159), new hyperlink, 4-29-15).

(e) Contract Details Amendment (CA2E160), https://www.flrules.org/gateway/reference.asp?NO=Ref-05273, effective 4/2015.

(e)(f) Project Progress Report (Form CA2E162), https://www.flrules.org/gateway/reference.asp?NO=Ref-05280, effective 4/2015).

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 8-12-12, Amended 6-10-13, 3-16-14, 4-29-15, xx-xx-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/16/15