This amendment transfers the Historical Museums Grants-in-Aid Program from the management of the Division of Historical Resources to the Division of Cultural Affairs; it incorporates minor statutory changes to the program that became effective July ...

DEPARTMENT OF STATE
Division of Cultural Affairs

RULE NO: RULE TITLE
1T-1.001: Division of Cultural Affairs
1T-1.031: Application Requirements
1T-1.032: Application Review
PURPOSE AND EFFECT: This amendment transfers the Historical Museums Grants-in-Aid Program from the management of the Division of Historical Resources to the Division of Cultural Affairs; it incorporates minor statutory changes to the program that became effective July 1, 2008 (as authorized by Section 265.708, Florida Statutes); and it incorporates recommendations made by the Historical Museums Task Force. In regard to the Cultural Support Grants Program, this amendment deletes the minimum funding amount of $2,500. This amendment also deletes the Indemnity Grant Program (because it was repealed by the 2005 Legislature); this amendment establishes a funding amount for applicants for the Youth and Children’s Museums Program who request over $50,000; and this amendment makes other changes affecting all grant programs of the Division as more fully described in the Summary below.
SUMMARY: This amendment incorporates the recommendations of The Historical Museums Taskforce in that it creates a two (2) year funding period, rather than annual one; it provides three (3) levels of funding catagories, rather than two (2) for the General Program Support category; it provides for alternate years in which museums that request certain levels of funding will compete with each other for funding. This amendment also establishes new eligibility criteria for the Historical Museum Grants-in-Aid Program and clarifies the eligibility criteria for multidisciplinary museums. This amendment deletes the Indemnity Grant Program because the program statutes were repealed (see former Sections 265.51 – 265.55, Florida Statutes). This amendment allows grantees who request over $50,000 for the Youth and Children's Museums Grant Program to request up to 10% of their last completed fiscal year's revenue. In regard to all grant programs of the Division, this amendment prohibits funding for general “operating expenses” such as utilities, fixtures, bank fees, property taxes, etc., and requires that grant deadlines be posted on the Division of Cultural Affairs’ website, rather than in the Division's online newsletter.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There are no regulatory costs associated with this proposed rule. This amendment does not have an impact on small business.
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: 255.043(4), 265.284(5)(d), 265.285(1)(c), 265.286(1), (4), (6), 265.2861(2)(b), (f), 265.2865(6), 265.51, 265.605(1), 265.608(1), 265.609(1), (4), 265.701(5), 265.702(8), 265.708(3) FS.
LAW IMPLEMENTED: 215.97, 255.043, 265.284, 265.285, 265.286, 265.2861, 265.2865, 265.601-.603, 265.605-.607, 265.608, 265.609, 265.701, 265.702, 286.011, 286.012, 286.25, 288.0656, 288.06561, 265.708 (formerly 267.0619) 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: Wednesday, January 24, 2009, 9:00 a.m.
PLACE: Division of Cultural Affairs, 500 South Bronough Street, R. A. Gray Building, 3rd Floor, Tallahassee, Florida
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 72 hours before the workshop/meeting by contacting: [phone] or Text Telephone 711. 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: Scott Moore or Sarah Stage, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

1T-1.001 Division of Cultural Affairs.

The purpose of the rule is to establish administrative procedures for all Division of Cultural Affairs (Division) activities.

(1) through (2)(b) No change.

(c) Florida Art and Artifacts Indemnity Program. This section provides the procedures for issuing indemnity agreements and processing claims under the Florida Art and Artifacts Indemnity Program. The Florida Art and Artifacts Indemnity Program Guidelines (CA1E017, eff. 2/96) and the Application for Indemnification Under the Arts Indemnity Act (Form CA1E024, eff. 2/96) contain the procedures for accepting and reviewing applications.

(3) Grant Application Procedures. The Division shall be responsible for the administration of all grant applications, procedures, and awards, as recommended by the Council. Applicants shall meet all program deadlines as published in the Division’s newsletter and posted on the Division’s website at www.florida-arts.org and through the Division’s online system at http://culturegrants-fl.org; the posted deadlines will appear at least 90 days in advance of the deadline. Deadline dates are also available by calling the Division. Review panel and committee meetings shall be noticed in the Florida Administrative Weekly, on the Division’s website, and through the Division’s online system. Review panel meetings shall be conducted in accordance with procedures outlined in this rule and in Sections 112.313, 112.3143, 120.525, 286.012, and 265.285, F.S. During the scheduled panel meetings, applications from state-supported institutions will be considered separately from those of private institutions or individuals. All grant awards shall be subject to final approval by the Secretary of State.

(4) through (5)(b) No change.

(c) Submit a completed and signed application. The application form (CA2E009, eff. 2/09) is incorporated by reference and available through the Division’s online application system at http://culturegrants-fl.org (unless specifically directed to do otherwise for the grant deadline for the State Touring Program, the Cultural Facilities Program, and the Regional Cultural Facilities Program) for each program to which application is made on or before the announced deadline for that program. A completed application shall include the following information submitted through the Division’s online system: general identification and contact information, operating budget(s), proposal budget, proposal budget detail, proposal description including goals, objectives, activities and evaluation outline, and program narrative responses. Instructions for submitting support documents will also be available through the online system.

(d) Have satisfied the administrative requirements of previous grants received from the Department Division of State;

(e) through 3. No change.

4. State grant funds cannot be used to pay for operating expenses, such as utilities, phone, fixtures, bank fees, maintenance, general supplies, rent, mortgage payments and property taxes. However, these costs may be used as match or in-kind.

5.4. REDI Waiver. Cash matching requirements will be waived for applicants that are REDI qualified in accordance with Sections 288.0656 and 288.06561, F.S. Such waivers are only available for Cultural Support Specific Project, Quarterly Assistance, Arts in Education, Culture Builds Florida, Historical Museums Grants-In-Aid Public Educational Exhibits, and Challenge Programs. To obtain a cash match waiver, the applicant must submit, with its application, a letter from the local county government that acknowledges the grant application and requests the waiver. REDI-qualified counties with approved waivers may use up to 100% in-kind match, which must be shown in the proposal budget. A list of REDI counties and communities is reviewed and updated annually, and is available on the Division’s website.

6.5. Grants awarded in the Challenge Grant Program, the Underserved Arts Communities Assistance Program, and the State Touring Program have match requirements specific to those programs.

(f) through (7)(a)1. No change.

a. Cultural Organizations. Revenues from the organization’s last completed fiscal year must be greater than or equal to $25,000. Organizations may request up to 10% of their last completed fiscal year revenue, not to exceed $100,000. Completed fiscal year revenue figures are subject to audit verification by the Division. Youth and Children’s Museums as defined in Section 265.609, F.S., may request up to 20% of their last completed fiscal year revenue, not to exceed $50,000. Youth and Children’s Museums applicants that request more than $50,000 may request up to 10% of their last completed fiscal year’s revenue. Organizations requesting more than $50,000 must have no less than three years of continuous programming history and at least one paid full-time employee.

b. through 2.b. No change.

c. Organizations can only receive one General Program Support grant from the Division of Cultural Affairs and any other division within the Department of State in the same fiscal year. This policy is effective as of July 1, 2008 for Cultural Organizations and July 1, 2010 for Cultural Institutions. The only exception to this limitation is for a multidiscipinary museum, which is defined as a museum that addresses two or more disciplines to a significant extent: for example, a museum that interprets both art and history or both history and science. Multidisciplinary museums will be permitted to receive a total of two General Program Support museum category grants from any other division within the Department of State. A discipline-specific operating budget must be used for each application; multidisciplinary museums cannot use the same operating budget for both applications. Multidisciplinary museums that submit two General Program Support applications to the Cultural Support Grants Program may request a maximum of $100,000 in the Cultural Organizations category and a maximum of $350,000 in the Cultural Institutions category.

3. No change.

(b) No change.

1. An average panel score of at least 75 points out of a maximum possible 100 points must be earned to be considered for funding for Specific Project applications. The panel is not required to fund all Specific Project applications that receive a minimum average score of 75 points. An average panel score of 80 points out of a maximum possible 100 points must be earned to receive funding for Cultural Organizations applications; and 85 points out of a maximum possible 100 points must be earned to receive funding for Cultural Institutions applications. General Program Support award amounts recommended to the Council will be determined through the use of a funding method for all applications achieving the minimum eligible category-specific score. All General Program Support applications earning an eligible category-specific average will receive funding under the funding method of not less than $2,500. Based on their review, the panel makes funding recommendations for Specific Project grant awards to the Council. In determining which applications to fund, the panel will consider only applications that have achieved the required minimum average score of 75 and other criteria which include the overall group of eligible Specific Project applications, the relative merits of each proposal as demonstrated through scores based on the program review criteria, the anticipated funds available for the program, the perceived needs of the artistic or cultural discipline, the constituency served, and how well the proposed project fulfils the mission of the Cultural Support Grants program. In determining award amounts for those proposals recommended for funding, the panel may not recommend funding of less than $2,500.

2. through (18)(l) No change.

(m) Reporting. For all programs, unless otherwise specified, the grantee shall file a final report no more than 30 days following the project ending date. Interim reports will be required for grants with ending dates after June 30. These interim reports shall contain program financial and statistical results as of June and must be submitted no later than July 30. A final report and a State Grant Funds Expenditure Log (CA2E119, eff. 2/09) incorporated by reference and available on the Division’s website at www.florida-arts.org that includes check number, amount of check, date of check, name of payee, and a description of the expenditure will also be required 30 days after the project ending date. Requests for report due date extensions must be submitted in writing prior to the original due date. Unless otherwise specified, for all grant reporting, grantees must use the Grant Report Form (CA2E004, eff. 10/98) incorporated by reference and available on the Division’s website at www.florida-arts.org.

(n) through (20) No change.

Specific Authority 255.043(4), 265.284(5)(d), 265.285(1)(c), 265.286(1), (4), (6), 265.2861(2)(b), (f), 265.2865(6), 265.51, 265.605(1), 265.608(1), 265.609(1), (4), 265.701(5), 265.702(8) FS. Law Implemented 215.97, 255.043, 265.284, 265.285, 265.286, 265.2861, 265.2865, 265.601-.603, 265.605-.607, 265.608, 265.609, 265.701, 265.702, 286.011, 286.012, 286.25, 288.0656, 288.06561 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, ________.

 

(Substantial rewording of Rule 1T-1.031 follows. See Florida Administrative Code for present text.)

1T-1.031 Historical Museum Grants Application Requirements.

(1) Historical Museum Grants. This program provides grants that relate to the historical resources of Florida in two categories: General Program Support and Public Educational Exhibits. General Program Support is on a two-year cycle and Public Educational Exhibits are on an annual cycle.

(2) Administrative and Legal Eligibility. An eligible applicant must:

(a) Be a unit of county, municipal, or other local government; or

(b) Be a department or an agency of the state (exception: history museums that are state-operated are not eligible for General Program Support grants); or

(c) Be a public or private nonprofit corporation, a partnership, or other organization. For the purposes of this rule, a nonprofit corporation is one that is tax-exempt as defined in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954, as amended; and in good standing pursuant to Chapter 617, F.S., known as the Florida Not for Profit Corporations Act.

(d) Have satisfied the administrative requirements of previous grants received from the Department of State.

(e) Not be a for-profit museum.

(3) Eligibility for General Program Support.

(a) In addition to the requirements in subsection (2) of this rule, General Program Support applicants must satisfy the criteria in Section 265.708(2), Florida Statutes.

(b) Applicants may only submit one application to the History Museum Program per grant cycle. Organizations may only receive one General Program Support grant from the Department of State in the same fiscal year. The only exception to this limitation is that multidisciplinary museum applicants may receive a total of 2 General Program Support Grants museum category grants from any division within the Department of State. A discipline-specific operating budget must be used for each applicant; multidisciplinary museums cannot use the same operating budget for both applications.

(c) Only the portion of the applicant’s operating budget that addresses Florida history may be used in the grant budget.

(d) General Program Support applicants are not eligible for Public Educational Exhibits or the Cultural Support Grants Program Specific Projects.

(4) Eligibility for Public Educational Exhibits.

(a) Exhibits must address Florida history.

(b) Applicants may only submit one application to this category.

(c) Educational Exhibit applicants are not eligible for General Program Support.

(5) Application Requirements. Applications shall consist of the following:

(a) A complete and signed Application (CA2E138, eff. 2/09), incorporated by reference and available from the Division, submitted on or before the deadline, which will be posted on the Division’s website.

(b) A complete application includes the following:

1. General identification and contact information, operating budget(s), proposal budget, and program narrative responses.

(c) Application Support Material.

1. For nonprofit organizations, a copy of the organization’s Letter of Determination documenting nonprofit status as defined by section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954.

2. Rural Economic Development Initiative (REDI) Waiver. Only Public Educational Exhibit applicants may request a waiver of the cash matching requirement in accordance with Sections 288.0656 and 288.0651, Florida Statutes, and in doing so, should include a copy of the letter from county government acknowledging the grant and requesting the REDI waiver on behalf of the organization. REDI-qualified counties with approved waivers may use up to 100% in-kind match, which must be shown in the proposal budget.  A current list of REDI counties and communities is available on the Division’s website. General Program Support applicants are not eligible for a REDI waiver.

(d) Funding Request.

1. Public Educational Exhibit applicants may request up to $35,000.

2. General Program Support applicants may request up to 20% of the museum’s operating revenue for the last completed fiscal year, not to exceed $75,000.

(e) Matching Funds.

1. Grants must be matched at a minimum of $1 local for every $1 state.

2. The documented fair market value of donated goods and services may contribute up to 50% of the required match, not to exceed 25% of the total project or general program costs.

3. State-supported institutions may not use state funds from any source as match.

Specific Authority 255.043(4), 265.284(5)(d), 265.285(1)(c), 265.286(1), (4), (6), 265.2861(2)(b), (f), 265.2865(6), 265.51, 265.605(1), 265.608(1), 265.609(1), (4), 265.701(5), 265.702(8) FS. Law Implemented 215.97, 255.043, 265.284, 265.285, 265.286, 265.2861, 265.2865, 265.601-.603, 265.605-.607, 265.608, 265.609, 265.701, 265.702, 286.011, 286.012, 286.25, 288.0656, 288.06561 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, Formerly 1A-43.007, Amended________.

 

(Substantial rewording of Rule 1T-1.032 follows. See Florida Administrative Code for present text.)

1T-1.032 History Museums Application Review and Grant Administration.

(1) Grant review panels will be established in accordance with subsection 1T-1.001(6), Florida Administrative Code to review and evaluate grant applications using the criteria below.

(2) Panel review criteria. There will be a maximum of 100 points, to be used to evaluate and score applications as follows:

(a) Program Excellence – up to 50 points;

(b) Public Impact – up to 30 points;

(c) Program Management – up to 20 points; and

(3) All grant awards will be formalized through execution of a Grant Award Agreement available from the Division of Cultural Affairs which shall consist of all documents referenced in paragraph 1T-1.001(18)(b), Florida Administrative Code.

(4) Non-allowable grant expenses. Grant funds may not be used to pay the expenses of:

(a) Locating, identifying, evaluating, acquiring, preserving, protecting, restoring, rehabilitating, stabilizing, or excavating an archeological or historic site or a historic building or planning any of those activities; or,

(b) Operating expenses, such as utilities, phone, fixtures, maintenance, general supplies, rent, bank fees, mortgage payments and property taxes. (These costs may be used as match or in-kind.).

(c) Other non-allowable expenses as detailed in paragraph 1T-1.001(18)(i), Florida Administrative Code.

(5) Grant Reporting.

(a) The grant reporting period begins on July 1 and ends on June 30.

(b) If the grant reporting period is extended beyond June 30, an Interim Report is required. Interim Reports are due no later than July 31.

(c) A Final Report is due no later than 30 days following the grant end date.

(d) Interim and Final Reports shall be submitted using the Grant Report Form (CA2E004, eff. 10/98) incorporated by reference and available on the Division’s website at www.florida-arts.org.

(e) A State Grant Funds Expenditure Log (CA2E119, eff. 2/09), incorporated by reference and available on the Division of Cultural Affairs website must be submitted with all grant reports.

(6) Grant Revisions. Revisions to grants will be administered in accordance with paragraph 1T-1.001(18)(e), Florida Administrative Code.

Specific Authority 255.043(4), 265.284(5)(d), 265.285(1)(c), 265.286(1), (4), (6), 265.2861(2)(b), (f), 265.2865(6), 265.51, 265.605(1), 265.608(1), 265.609(1), (4), 265.701(5), 265.702(8) FS. Law Implemented 215.97, 255.043, 265.284, 265.285, 265.286, 265.2861, 265.2865, 265.601-.603, 265.605-.607, 265.608, 265.609, 265.701, 265.702, 286.011, 286.012, 286.25, 288.0656, 288.06561 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, Formerly 1A-43.009, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David Moore or Sarah Stage
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt Browning, Secretary of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 23, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 14, 2008