The purpose and effect of the proposed amendments are to incorporate the future grant guidelines into the rules by reference and to update the Division’s name to account for the change from the 2021 legislative session.

 

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

1T-1.042Division Initiatives Partnership Program

PURPOSE AND EFFECT: The purpose and effect of the proposed amendments are to incorporate the future grant guidelines into the rules by reference and to update the Division’s name to account for the change from the 2021 legislative session.

SUMMARY: The rules provide for the Department's arts and cultural grant programs. The Department proposes amendments to certain material incorporated by reference into the amended rules in order to update the existing grant programs.

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: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

The department’s proposed rules do not increase fees or otherwise impose any other costs, directly or indirectly, on the regulated industry. Based on this information, the department determined there will be no adverse impact to small businesses and the potential regulatory costs of the proposed rule chapter does not exceed any of the criteria established in Section 120.541(2)(a), F.S. Additionally, no interested party submitted additional information regarding the economic impact.

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(1), 265.701(5), 265.286(11)

LAW IMPLEMENTED: 265.285, 265.601-.603, 265.605-606, 265.701, 265.286

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: Jon Morris, Senior Attorney. 500 S. Bronough Street Tallahassee Florida, 32399. Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1T-1.001 Division of Arts and Culture 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 resources to participating cultural organizations. All endowment applicants must meet the requirements set forth in the Grant guidelines for Cultural Endowments http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/2021, which are available from the Division at www.dos.myflorida.com/cultural, and are hereby incorporated by reference. All grant awards are subject to the approval of the Secretary of State and Legislative appropriation.

(3) The following forms must be used in the administration of the Cultural Endowment Program and are hereby incorporated by reference:

(a) Cultural Endowment Application Form (CA2E037, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/17) and available from the Division online at www.dosgrants.com.

(b) The Cultural Endowment Agreement (CA2E039, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/2021) and available from the Division online at www.dosgrants.com.

(c)Cultural Endowment Program Fund Annual Report Form (CA2E100, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/2021) and available from the Division at www.dos.myflorida.com/cultural.

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, 7-6-16, 5-14-17, 6-2-19, 5-7-20, 5-30-21, __________________.

 

1T-1.036 Arts and Cultural Grants.

(1) This rule provides the requirements for grant programs administered by the Division of Arts and Culture 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 General Program Support Grant Guidelines and Specific Cultural Grant Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, which are available from the Division at www.dos.myflorida.com/cultural, effective XX/2022 05/21, 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. Grant administration procedures are also included as part of the guidelines.

(b) Specific Cultural Projects Program, provides funding for arts in education, underserved cultural community development, artist projects, 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.dosgrants.com and is hereby incorporated by reference: General Program Support and Specific Cultural Projects Program Application (Form CA2E145, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(4) The following forms are used in the administration of all grant programs in this rule and are hereby incorporated by reference:

(a) Final Report Form (Form CA2E004, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(b) Grant Award Agreement (Form CA2E142, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(5) The following documents are incorporated by reference:

(a) Section 504 Self Evaluation Workbook from the National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-08132, effective 05/17.

(b) National Endowment for the Arts General Terms & Conditions for Partnership Agreements, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective 05/21 05/15.

(c) Florida Department of Financial Services Reference Guide for State Expenditures, http://www.flrules.org/Gateway/reference.asp?No=Ref-11851, effective 04/20.

(d) Florida Division of Cultural Affairs Scoring Rubric for General Program Support and Specific Cultural Project Applications, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21.

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, 7-6-16, 5-14-17, 6-5-18, 6-2-19, 5-7-20, 5-30-21, __________________.

 

1T-1.039 Cultural Facilities Program.

(1) This rule provides the requirements for the Cultural Facilities Program administered by the Division of Arts and Culture Cultural Affairs (Division). All grant applicants must meet the requirements set forth in the Grant Guidelines for Cultural Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21, which are available from the Division at www.dos.myflorida.com/cultural, 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, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21), is available from the Division online at www.dosgrants.com, 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.dosgrants.com:

(a) Cultural Facilities Program Report Form (Form CA2E048, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(b) Grant Award Agreement (Form CA2E038, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

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, 7-6-16, 5-14-17, 5-14-18, 6-2-19, 5-7-20, 5-30-21, ___________________.

 

1T-1.040 Fast Track Grants.

(1) This rule provides the requirements for the Fast Track Grants Program administered by the Division of Arts and Culture 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 Fast Track Grant Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21, which are available from the Division at www.dos.myflorida.com/cultural and are hereby incorporated by reference.

(3) The following application form is available from the Division at www.dosgrants.com and is hereby incorporated by reference: Fast Track Grants Program Application (Form CA2E157, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(4) The following forms are used in the administration of the Fast Track Grant Program in this rule and are hereby incorporated by reference.

(a) Final Report Form (Form CA2E004, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(b) Grant Award Agreement (Form CA2E163, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/21).

(5) The following documents are incorporated by reference:

(a) Section 504 Self Evaluation Workbook from the National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-08132, effective 05/17.

(b) National Endowment for the Arts General Terms & Conditions for Partnership Agreements, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective 05/21 05/15.

(c) Florida Department of Financial Services Reference Guide for State Expenditures, http://www.flrules.org/Gateway/reference.asp?No=Ref-11851, effective 04/20.

(d) Florida Division of Arts and Culture Cultural Affairs Scoring Rubric for Fast Track Grants Applications, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/20.

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, 7-6-16, 5-14-17, 6-5-18, 6-2-19, 5-7-20, 5-30-21, _____________________.

 

1T-1.042 Division Initiatives Partnership Program.

(1) This rule provides the requirements for the Florida Division of Arts and Culture Cultural Affairs and National Endowment for the Arts Division Initiatives Partnership Program. The guidelines contain eligibility requirements, application review procedures, and evaluation criteria.

(2) All grant applicants must meet the requirements set forth in the Florida Division of Arts and Culture Cultural Affairs and National Endowment for the Arts Division Initiatives Partnership Program Guidelines, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/20, which are available from the Division at www.dos.myflorida.com/cultural and are hereby incorporated by reference.

(3) The following application form is available upon request from the Division. The application form is hereby incorporated by reference: Division of Arts and Culture Cultural Affairs Initiatives Partnership Program Application (Form CA2E121 http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 06/19).

(4) The following forms are used in the administration of the Division Initiatives Partnership Program in this rule and are hereby incorporated by reference.

(a) NEA DCA Initiatives Partnership Program Final Report (Form CA2E123, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/20).

(b) Division Initiatives Partnership Program Grant Award Agreement (Form CA2E122, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective XX/2022 05/20).

(5) The following documents are incorporated by reference:

(a) Section 504 Self Evaluation Workbook from the National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-08132, effective 05/2017.

(b) National Endowment for the Arts General Terms & Conditions for Partnership Agreements, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, effective 05/2021 05/2015.

(c) Florida Department of Financial Services Reference Guide for State Expenditures, http://www.flrules.org/Gateway/reference.asp?No=Ref-11851, effective 05/20.

(d) Florida Division of Arts and Culture Cultural Affairs Strategic Plan, http://www.flrules.org/Gateway/reference.asp?No=Ref-11863, effective 05/20.

(e) 20 U.S. Code §954 – National Endowment for the Arts, http://www.flrules.org/Gateway/reference.asp?No=Ref-09881, effective 10/01/1990.

(f) 2 CFR Part 200, http://www.flrules.org/Gateway/reference.asp?No=Ref-09882, effective 01/2014.

Rulemaking Authority 265.286(11) FS. Law Implemented 265.286 FS. History–New 10-10-18, Amended 6-2-19, 5-7-20, 5-30-21, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sandy Shaughnessy, Director Division of Arts and Culture.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Laurel M. Lee, Secretary of State.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/18/2021