Senate Bill 1632 (2020) — Cultural affairs
SB 1632
Florida Bills
Florida Senate - 2020 SB 1632 By Senator Rouson 19-01837-20 20201632__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to cultural affairs; amending s. 2 15.18, F.S.; providing that the Secretary of State 3 shall be known as “Florida’s Chief Arts and Culture 4 Officer”; conforming a provision to changes made by 5 the act; amending s. 20.10, F.S.; renaming the 6 Division of Cultural Affairs of the Department of 7 State as the Division of Arts and Culture; amending 8 ss. 265.283, 265.284, and 265.2865, F.S.; conforming 9 provisions to changes made by the act; repealing ss. 10 265.601, 265.602, 265.603, and 265.605, F.S., relating 11 to the department’s Cultural Endowment Program; 12 amending ss. 265.701, 265.7025, 265.704, and 468.401, 13 F.S.; conforming provisions to changes made by the 14 act; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18
Section
Section 15.18, Florida Statutes, is amended to 19 read: 20 15.18 International and cultural relations.—The Divisions 21 of Arts and Culture Cultural Affairs, Historical Resources, and 22 Library and Information Services of the Department of State 23 promote programs having substantial cultural, artistic, and 24 indirect economic significance that emphasize American 25 creativity. The Secretary of State, as the head administrator of 26 these divisions, shall hereafter be known as “Florida’s Chief 27 Arts and Culture Cultural Officer.” As this officer, the 28 Secretary of State is encouraged to initiate and develop 29
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. relationships between the state and foreign cultural officers, 30 their representatives, and other foreign governmental officials 31 in order to promote Florida as the center of American 32 creativity. The Secretary of State shall coordinate 33 international activities pursuant to this
section with 34 Enterprise Florida, Inc., and any other organization the 35 secretary deems appropriate. For the accomplishment of this 36 purpose, the Secretary of State shall have the power and 37 authority to: 38
(1) Disseminate any information pertaining to the State of 39 Florida which promotes the state’s cultural assets. 40
(2) Plan and carry out activities designed to cause 41 improved cultural and governmental programs and exchanges with 42 foreign countries. 43
(3) Plan and implement cultural and social activities for 44 visiting foreign heads of state, diplomats, dignitaries, and 45 exchange groups. 46
(4) Encourage and cooperate with other public and private 47 organizations or groups in their efforts to promote the cultural 48 advantages of Florida. 49
(5) Serve as the liaison with all foreign consular and 50 ambassadorial corps, as well as international organizations, 51 that are consistent with the purposes of this section. 52
(6) Provide, arrange, and make expenditures for the 53 achievement of any or all of the purposes specified in this 54 section. 55
Section 2. Paragraph (
e) of subsection (2) of
section 56 20.10, Florida Statutes, is amended to read: 57 20.10 Department of State.—There is created a Department of 58
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. State. 59
(2) The following divisions of the Department of State are 60 established: 61 (
e) Division of Arts and Culture Cultural Affairs. 62
Section 3. Subsections (3) and (4) of
section 265.283, 63 Florida Statutes, are amended to read: 64 265.283
Definitions.—The following
definitions shall apply 65 to ss. 265.281-265.709: 66 (3) “Director” means the Director of the Division of Arts 67 and Culture Cultural Affairs of the Department of State. 68 (4) “Division” means the Division of Arts and Culture 69 Cultural Affairs of the Department of State. 70
Section
Section 265.284, Florida Statutes, is amended to 71 read: 72 265.284 Chief arts and culture cultural officer; director 73 of division; powers and duties.— 74
(1) The Secretary of State is the chief arts and culture 75 cultural officer of the state. 76
(2) The division is the state arts administrative agency 77 and shall be headed by a director who shall serve at the 78 pleasure of the secretary. 79
(3) The division shall directly administer and oversee all 80 of the programs authorized by this act. In furtherance thereof, 81 the division shall: 82 (
a) Accept and administer state and federal funds 83 appropriated by the Legislature or funds received from other 84 public or private sources. 85 (
b) Advance funds for grants on a quarterly basis. 86 (
c) Enter into agreements for awarding grants or other 87
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. contracts with any person, firm, performing arts company, 88 educational institution, arts organization, corporation, or 89 governmental agency as may be necessary or advisable to carry 90 out its functions under this act. 91 (
d) Upon request, or at its own initiative, consult with 92 and advise other individuals, groups, organizations, or state 93 agencies and officials, particularly the Governor and the 94 Cabinet, concerning the acquisition by gift or purchase of fine 95 art works, the appropriate use and display of state-owned art 96 treasures for maximum public benefit, and the suitability of any 97 structures or fixtures, including framing, primarily intended 98 for ornamental or decorative purposes in the interior of public 99 buildings. 100 (
e) Accept on behalf of the state donations of money, 101 property, art objects, and antiquities. Such donations of money 102 and any cash income may be received from the disposal of any 103 donations of property, art objects, or antiquities, which shall 104 be deposited into the Grants and Donations Trust Fund and are 105 hereby appropriated for use by the division for the purposes 106 authorized in this act. 107 (
f) Sponsor performances and exhibits; promote and 108 encourage the study and appreciation of arts and culture; and 109 collect, publish, and print pamphlets, papers, newsletters, and 110 other materials related to arts and cultural programs available 111 throughout the state. 112 (
g) Conduct and support cultural programs and cultural 113 exchanges by coordinating with the appropriate state agencies 114 and other organizations. 115 (
h) Accept funding and other forms of support for the 116
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. purposes in this act. 117 (
i) Notwithstanding s. 287.022 or s. 287.025(1)(e), enter 118 into contracts to insure museum collections, artifacts, relics, 119 and fine arts to which it holds title or which are on loan to 120 the division. 121 (
j) Adopt rules pursuant to ss. 120.536(1) and 120.54 to 122 implement this subsection. 123
Section 5. Subsection (6) of
section 265.2865, Florida 124 Statutes, is amended to read: 125 265.2865 Florida Artists Hall of Fame.— 126
(6) The Division of Arts and Culture Cultural Affairs of 127 the Department of State shall adopt rules necessary to carry out 128 the purposes of this section, including, but not limited to, 129 procedures for accepting nominations to, making recommendations 130 for, selecting members of the Florida Artists Hall of Fame, and 131 providing travel expenses for such recipients. Notwithstanding 132 the provisions of s. 112.061, the Secretary of State may approve 133 first-class travel accommodations for recipients of the Florida 134 Artists Hall of Fame award and their representatives for health 135 or security purposes. 136
Section 6. Sections 265.601, 265.602, 265.603, and 265.605, 137 Florida Statutes, are repealed. 138
Section 7. Subsections (1) and (5) of
section 265.701, 139 Florida Statutes, are amended to read: 140 265.701 Cultural facilities; grants for acquisition, 141 renovation, or construction; funding; approval; allocation.— 142
(1) The Division of Arts and Culture Cultural Affairs may 143 accept and administer moneys appropriated to it for providing 144 grants to counties, municipalities, and qualifying nonprofit 145
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. corporations for the acquisition, renovation, or construction of 146 cultural facilities. 147
(5) The Division of Arts and Culture Cultural Affairs shall 148 adopt rules prescribing the criteria to be applied by the 149 Florida Council on Arts and Culture in recommending applications 150 for the award of grants and rules providing for the 151 administration of the other provisions of this section. 152
Section 8. Subsection (2) of
section 265.7025, Florida 153 Statutes, is amended to read: 154 265.7025
Definitions relating to historic programs.—For the 155 purposes of ss. 265.7025-265.709, the term: 156 (2) “Division” means the Division of Arts and Culture 157 Cultural Affairs of the Department of State. 158
Section
Section 265.704, Florida Statutes, is amended to 159 read: 160 265.704 Historical museums; powers and duties of the 161 Division of Arts and Culture Cultural Affairs.— 162
(1) The division shall adopt rules pursuant to ss. 163 120.536(1) and 120.54 to administer the provisions of ss. 164 265.7025-265.709. 165
(2) The division may make and enter into all contracts and 166 agreements with other agencies, organizations, associations, 167 corporations, and individuals or with federal agencies as it may 168 determine are necessary, expedient, or incidental to the 169 performance of its duties or the execution of its powers under 170 ss. 265.7025-265.709. 171
(3) The division may accept gifts, grants, bequests, loans, 172 and endowments for purposes not inconsistent with its 173 responsibilities under this chapter. The division may also 174
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. establish an endowment that is consistent with the 175 responsibilities under ss. 265.7025-265.709. 176
(4) It is the duty of the division to: 177 (
a) Promote and encourage throughout the state knowledge 178 and appreciation of Florida history by encouraging the people of 179 the state to engage in the preservation and care of artifacts, 180 museum items, treasure troves, and other historical properties; 181 the collection, research, fabrication, exhibition, preservation, 182 and
interpretation of historical materials; the publicizing of 183 the state’s history through public information media; and other 184 activities in historical and allied fields. 185 (
b) Encourage, promote, maintain, and operate historical 186 museums, including, but not limited to, mobile museums, junior 187 museums, and the Museum of Florida History in the state capital. 188 (
c) Plan and develop, in cooperation with other state 189 agencies and with municipalities, programs to promote and 190 encourage the teaching of Florida’s history and heritage in 191 Florida schools and other educational institutions and other 192 such educational programs as may be appropriate. 193 (
d) Establish professional standards for the preservation, 194 exclusive of acquisition, of historical resources in state 195 ownership or control. 196 (
e) Take such other actions as are necessary or appropriate 197 to locate, acquire, protect, preserve, operate, interpret, and 198 promote the location, acquisition, protection, preservation, 199 operation, and
interpretation of historical resources to foster 200 an appreciation of Florida history and culture. 201
Section 10. Subsection (4) of
section 468.401, Florida 202 Statutes, is amended to read: 203
Florida Senate - 2020 SB 1632 19-01837-20 20201632__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. 468.401 Regulation of talent agencies;
definitions.—As used 204 in this part or any rule adopted pursuant hereto: 205 (4) “Engagement” means any employment or placement of an 206 artist, where the artist performs in his or her artistic 207 capacity. However, the term “engagement” shall not apply to 208 procuring opera, music, theater, or dance engagements for any 209 organization defined in s. 501(c)(3) of the Internal Revenue 210 Code or any nonprofit Florida arts organization that has 211 received a grant from the Division of Arts and Culture Cultural 212 Affairs of the Department of State or has participated in the 213 state touring program of the Division of Arts and Culture 214 Cultural Affairs. 215