July 06, 2020
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HB 5017

A bill to be entitled
2An act relating to the Department of State; amending s.
3265.281, F.S.; renaming the Florida Fine Arts Act of 1980
4as the Florida Arts and Culture Act; amending s. 265.282,
5F.S.; revising legislative intent to include the promotion
6of activities involving arts and culture and support for
7museums and nonprofit organizations; amending s. 265.283,
8F.S.; revising and providing definitions; amending s.
9265.284, F.S.; revising the responsibilities of the
10Division of Cultural Affairs to administer funds, sponsor
11events encouraging art and cultural programs, and enter
12into certain contracts and agreements; providing
13rulemaking authority; amending s. 265.285, F.S.; renaming
14the Florida Arts Council as the Florida Council on Arts
15and Culture; revising membership criteria; providing for
16the council to meet at the request of the division;
17deleting provisions relating to the appointment and
18responsibilities of review panels; revising duties of the
19council; amending s. 265.286, F.S.; authorizing the
20Secretary of State to appoint review panels representing
21arts and cultural disciplines and programs to assist the
22council in the grant review process; providing terms and
23responsibilities of panel members; requiring that the
24council review grant application lists; requiring the
25secretary to review the council's recommendations and
26submit approved lists to the Legislature at a certain
27time; establishing procedures for the awarding and funding
28of grants; providing funding authority to the division for
29certain programs and areas; requiring the division to
30establish rules for eligibility criteria, grant programs,
31and the panel review process; providing purposes for which
32the division shall award grants; establishing eligibility
33requirements for grantees; limiting grant awards to one
34recipient per grant cycle; providing exceptions; providing
35a formula for the distribution of matching and nonmatching
36funds and permitting certain in-kind funds; amending s.
37679.527, F.S.; providing for the termination of a contract
38for administrative and operational functions for the
39Florida Secured Transaction Registry upon a certain date;
40providing that the department shall perform the duties of
41filing officer and filing office; amending ss. 255.043,
42265.2865, 265.32, 265.606, 265.701, and 679.5011, F.S.;
43conforming provisions; repealing ss. 265.2861, 265.2862,
44265.289, 265.608, 265.609, 265.702, and 265.708, F.S.,
45relating to the Cultural Institutions Program and the
46Cultural Institutions Trust Fund, general support program
47for cultural institutions, audit information and admission
48fees for state theater contract organizations, science
49museums and grants, youth and children's museums and
50grants, regional cultural facilities, and historical
51museum grants; providing effective dates.
53Be It Enacted by the Legislature of the State of Florida:
55     Section 1.  Section 265.281, Florida Statutes, is amended
56to read:
57     265.281  Florida Fine Arts and Culture Act; short
58title.--Sections 265.281-265.709 265.281-265.286 shall be known
59and may be cited as the "Florida Fine Arts and Culture Act of
61     Section 2.  Section 265.282, Florida Statutes, is amended
62to read:
63     265.282  Legislative intent.--The Legislature recognizes
64the vast cultural resources available in this the state for the
65development, promotion, and enjoyment of the fine arts and
66culture. It is the intent of the Legislature by enactment of
67this legislation to provide for maximum efficiency in providing
68state support for, and gaining national and international
69recognition of, the efforts, works, and performances of Florida
70artists and art agencies, museums, and nonprofit organizations.
71Furthermore, it is the intent of the Legislature shall to foster
72and ensure, through the state arts administrative agency,
73programs authorized by this act created hereunder, the
74development of a receptive climate for the fine arts; to enrich
75culturally and benefit the citizens of this state in their daily
76lives; to make Florida visits and vacations all the more
77appealing to the world; and to attract to Florida residency
78additional outstanding creators in the fields of fine arts
79through appropriate programs of publicity, education,
80coordination, grants, and activities, such as sponsorship of art
81lectures and exhibitions and central compilation and
82dissemination of information on the progress of the fine arts in
84     Section 3.  Section 265.283, Florida Statutes, is amended
85to read:
86     265.283  Definitions relating to Florida Fine Arts Act of
871980.--As used in ss. 265.281-265.709, the term The following
88definitions shall apply to ss. 265.281-265.286:
89     (1)  "Arts and cultural disciplines" includes, but is not
90limited to, music, dance, theatre, creative writing, literature,
91architecture, painting, sculpture, folk arts, photography,
92crafts, media arts, visual arts, programs of museums, and other
93such allied, major art forms.
94     (2)  "Arts in Education grant" means a grant the purpose of
95which is to cultivate the learning and artistic development of
96all students and teachers by promoting, encouraging, and
97supporting arts and culture as an integral part of education and
98lifelong learning for the citizens of and visitors to this
100     (3)(1)  "Council" means the Florida Arts Council on Arts
101and Culture.
102     (4)  "Cultural Support grant" means a grant that provides
103for general program support and specific cultural projects.
104     (5)  "Culture Builds Florida grant" means a grant the
105purpose of which is to connect the arts to key areas of the
106division's long-term strategic plan.
107     (6)(2)  "Department" means the Department of State.
108     (7)(3)  "Director" means the Director of the Division of
109Cultural Affairs of the Department of State.
110     (8)(4)  "Division" means the Division of Cultural Affairs
111of the Department of State.
112     (9)  "Historical museum" means a department or agency of
113state or local government, or a public or private nonprofit
114organization, located in this state and operating on a permanent
115basis for the primary purpose of sponsoring, producing, and
116exhibiting educational programs that are related to the
117historical resources of this state.
118     (10)  "Local arts agency" means a public or private
119nonprofit organization located in this state and operating on a
120permanent basis for the primary purpose of strengthening,
121supporting, and stabilizing the activities of one or more county
122art and cultural constituencies.
123     (11)(5)  "Panel" means a grant review panel.
124     (12)  "Science museum" means a public or private nonprofit
125organization located in this state and operating on a permanent
126basis for the primary purpose of sponsoring, producing, and
127exhibiting programs for the observation and study of various
128types of natural science and science technology.
129     (13)(6)  "Secretary" means the Secretary of State.
130     (14)  "State service organization" means a public or
131private nonprofit organization located in this state and
132operating on a permanent basis for the primary purpose of
133implementing programs that have substantial cultural
134significance, giving emphasis to American creativity and the
135maintenance and encouragement of professional excellence.
136     (15)  "Touring Program grant" means a grant the purpose of
137which is to provide performances, activities, and exhibitions by
138Florida artists to Florida communities.
139     (16)  "Underserved Arts Community Assistance Program grant"
140means a grant awarded to a qualified organization under the
141Rural Economic Development Initiative, pursuant to ss. 288.0656
142and 288.06561, for the purpose of economic and organizational
143development of underserved cultural organizations.
144     (17)  "Youth and children's museum" means a public or
145private nonprofit organization located in this state and
146operating on a permanent basis for the primary purpose of
147sponsoring, producing, and exhibiting multidisciplinary,
148participatory programs oriented toward visitors ages 6 months
149through 15 years and their families, teachers, and caregivers.
150     (7)  "The arts" means any and all artistic disciplines,
151which include, but are not limited to, music, dance, drama,
152theater programs, creative writing, literature, architecture,
153painting, sculpture, folk arts, photography, crafts, and public
154media, and the execution and exhibition of other such allied,
155major art forms.
156     Section 4.  Section 265.284, Florida Statutes, is amended
157to read:
158     265.284  Chief cultural officer; director of division;
159powers and duties.--
160     (1)  The Secretary of State is the chief cultural officer
161of this the state, and the Division of Cultural Affairs is
162designated as the state arts administrative agency.
163     (2)  The division is the state arts administrative agency
164and of Cultural Affairs of the Department of State shall be
165headed by a director, who shall serve at the pleasure of the
166secretary of State.
167     (3)  The division of Cultural Affairs shall have direct
168administrative authority and responsibility for all of the
169programs authorized by this act. In furtherance thereof, the
170division shall have the authority to:
171     (a)  Accept and administer state and federal funds
172appropriated by the Legislature or those funds received from
173other public or private sources provided for the fine arts, the
174grants, and any program authorized by this act.
175     (b)  Advance funds for grants on a quarterly basis.
176     (c)(b)  Subject to the approval of the Secretary of State,
177Enter into grant award agreements or other such contracts with
178any person, firm, performing arts company, educational
179institution, arts organization, corporation, or governmental
180agency as may be necessary or advisable to carry out its
181functions under this act.
182     (c)  Seek, and help assure, a uniformity of artwork within
183state buildings and review all art content of existing public
184buildings or buildings of state ownership for the purpose of
185making recommendations to the Department of Management Services
186as to matters of installation, relocation, restoration, removal,
187or any other disposition of such works of art.
188     (d)  Upon On request, or at its own initiative, consult
189with and advise other individuals, groups, organizations, or
190state agencies and officials, particularly the Governor and the
191Cabinet, concerning the acquisition by gift or purchase of fine
192art works, the appropriate use and display of state-owned art
193treasures for maximum public benefit, and the suitability of any
194structures or fixtures, including framing, primarily intended
195for ornamental or decorative purposes in the interior of public
197     (e)  Accept on behalf of the state donations of money,
198property, art objects, and antiquities. Such donations of money
199and any cash income which may be received by the division or
200which were previously received by the Florida Fine Arts Council
201from the disposal of any donations of property, art objects, or
202antiquities. These amounts shall be deposited into the Florida
203Fine Arts a separate Trust Fund and are hereby appropriated for
204to the use by of the division for the purposes authorized by of
205this act.
206     (f)  Sponsor performances and exhibits; promote and
207encourage the study and appreciation of arts and culture; and
208collect, publish, and print pamphlets, papers, newsletters, and
209other materials related to arts and cultural programs available
210throughout the state.
211     (g)  Conduct and support cultural programs and cultural
212exchanges in conjunction with the appropriate state agencies and
213other organizations, including the acceptance of funding and
214other forms of support for such purposes.
215     (h)  Notwithstanding s. 287.022 or s. 287.025(1)(e), enter
216into contracts to insure museum collections, artifacts, relics,
217and fine arts to which it holds title or that are on loan to the
219     (i)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
220implement provisions of law conferring duties on the division.
221     (4)  There is created the Florida Fine Arts Trust Fund,
222which shall to be administered by the department and of State
223for the purposes set forth by law. The Florida Fine Arts Trust
224Fund shall consist of moneys appropriated by the Legislature or
225and moneys contributed to the fund from any other source.
226     (5)  The division is further authorized to:
227     (a)  Accept and administer moneys appropriated by the
228Legislature, and moneys received from the Federal Government or
229from other public or private sources, for the development of
230nationally recognized Florida performing arts groups through a
231state touring program. The division shall develop and establish
232a selection procedure which will ensure maximum opportunity for
233selection of and participation by Florida performing arts groups
234in the state touring program.
235     (b)  Sponsor performances and exhibits; promote and
236encourage the study and appreciation of fine arts; and collect,
237publish, and print pamphlets, papers, newsletters, and other
238materials relating to fine arts programs available throughout
239the state.
240     (c)  Conduct and support cultural programs and cultural
241exchanges in conjunction with the appropriate state agencies,
242including the acceptance of funding, technical assistance, and
243other forms of support for such purposes.
244     (d)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
245implement provisions of law conferring duties on it.
246     (6)  Notwithstanding any provision of s. 287.022 or s.
247287.025(1)(e), the division may enter into contracts to insure
248museum collections, artifacts, relics, and fine arts to which it
249holds title.
250     Section 5.  Section 265.285, Florida Statutes, is amended
251to read:
252     265.285  Florida Arts Council on Arts and Culture;
253membership, duties.--
254     (1)(a)  The Florida Arts Council on Arts and Culture is
255created within in the department as an advisory body, as defined
256in s. 20.03(7), to consist of 15 members. Seven members shall be
257appointed by the Governor, four members shall be appointed by
258the President of the Senate, and four members shall be appointed
259by the Speaker of the House of Representatives. The
260appointments, to be made in consultation with the Secretary of
261State, shall recognize the need for geographical representation.
262Council members appointed by the Governor shall be appointed for
2634-year terms beginning on January 1 of the year of appointment.
264Council members appointed by the President of the Senate and the
265Speaker of the House of Representatives shall be appointed for
2662-year terms beginning on January 1 of the year of appointment.
267A member of the council who serves two 4-year terms or two 2-
268year terms is not eligible for reappointment for 1 year
269following the expiration of the member's second term. A member
270whose term has expired shall continue to serve on the council
271until such time as a replacement is appointed. Any vacancy on
272the council shall be filled for the remainder of the unexpired
273term in the same manner as for the original appointment. Members
274should have a substantial history of community service in the
275performing or visual arts, which includes, but is not limited
276to, theatre, dance, folk arts, music, architecture, photography,
277and literature, media arts, visual arts, and museums. In
278addition, it is desirable that members have successfully served
279on boards of cultural institutions such as museums and
280performing arts centers or are recognized as patrons of the
282     (b)  The members shall elect a chair from their number
283annually. The council shall meet at the call of its chair, at
284the request of the division department, or at such times as may
285be prescribed by its rules. A majority of the members of the
286council constitutes a quorum, and a meeting may not be held with
287less than a quorum present. The affirmative vote of a majority
288of the members of the council present is necessary for any
289official action by the council.
290     (c)  The Secretary of State may appoint review panels
291representing various artistic disciplines to assist the Florida
292Arts Council in the grant review process. Review panel members
293shall serve for 1-year terms. Each panel shall include
294practicing artists or other persons actively involved in the
295specific discipline for which the panel is to review grants. The
296panels shall review grant applications and make recommendations
297to the council concerning the relative merits of the applicants.
298The division shall, by rule, establish criteria for reviewing
299grant applications to ensure compliance with applicable federal
300and state laws relating to discrimination and conflicts of
302     (d)  The council and panels shall provide a forum for
303public comment prior to voting on any art grant application.
304     (c)(e)  Members of the council and panels shall not receive
305any compensation for their services but shall be reimbursed for
306travel and expenses incurred in the performance of their duties,
307as provided in s. 112.061.
308     (d)(f)  If a member of the council is absent from two
309consecutive meetings or any two regularly scheduled meetings in
310any calendar year, the council member's appointment shall be
311terminated unless the original appointing authority determines
312that extenuating circumstances exist.
313     (e)(g)  The original appointing authority may remove any of
314his or her appointees from the council for misconduct or
315malfeasance in office, neglect of duty, incompetence, or
316permanent inability to perform official duties or if there has
317been an adjudication that the member is guilty of a felony.
318     (2)  The duties of the council shall be to:
319     (a)  Advocate for arts and culture by stimulating and
320encouraging throughout the state the study and presentation of
321arts and cultural activities that are of public interest and
322encourage participation in those activities.
323     (b)(a)  Advise the secretary of State in all matters
324pertaining to arts and cultural art, specifically with respect
325to any programs and grants administered operated by the division
326department as authorized hereunder.
327     (b)  Stimulate and encourage throughout the state the study
328and presentation of the arts and public interest and
329participation therein.
330     (c)  Make such surveys as may be advisable of public and
331private institutions which are engaged within the state in
332artistic and cultural activities.
333     (c)(d)  Encourage the participation in and appreciation of
334the arts and culture to meet the needs and aspirations of
335persons in all parts of the state.
336     (d)(e)  Encourage public interest in the cultural heritage
337of this state and expand the cultural resources of this the
339     (e)(f)  Encourage and assist freedom of artistic
340expression, which is essential for the well-being of the arts.
341     (f)(g)  Advise the secretary of State in all matters
342concerning the awarding of grants for the arts as authorized by
343under this act.
344     (h)  Promote the enhancement and beautification of the
345interiors of the Capitol Building and other public buildings and
346advise appropriate state officers, state agencies, and the
347Department of Management Services in this regard.
348     (g)(i)  Review grant applications for grants for the
349acquisition, renovation, or construction of cultural facilities
350and recommend a priority for the receipt of such grants, as
351provided in s. 265.701.
352     Section 6.  Section 265.286, Florida Statutes, is amended
353to read:
354     (Substantial rewording of section. See
355     s. 265.286, F.S., for present text.)
356     265.286  Art and cultural grants.--
357     (1)  The secretary may appoint review panels representing
358various arts and cultural disciplines and programs to assist the
359council in the grant review process. Review panel members shall
360serve for 1-year terms. Each panel shall include practicing
361artists or other professionals actively involved in the specific
362discipline or program for which the panel is to review grants.
363Panel members shall review and score grant applications and
364recommend grant awards to the council by submitting lists of
365eligible grant applicants, arranged in order of priority by
366score. Scoring shall be by formula set forth in rule by the
368     (2)  The council and panels shall provide a forum for
369public comment prior to voting on any grant application.
370     (3)  The council shall review the recommended grant
371application lists submitted by the review panels. It shall
372separate the applications that it recommends to the secretary
373for funding into two lists, arranged in order by score, for
374general program support funding and for specific cultural
375project funding. The secretary shall review the council's
376recommendations and, beginning July 1, 2010, submit the lists of
377approved grant applications to the Legislature in the
378department's legislative budget request.
379     (4)  Project grants shall be funded from the secretary's
380approved list, in the order of score, until all appropriated
381funds are depleted. When specific project grant funds are
382returned to the division, the division shall award those funds
383to the next grant applicant on the secretary's approved project
384grants list. General program support grants shall be awarded to
385applicants on the secretary's approved list in amounts to be
386determined by rule.
387     (5)  The division may fund the following grant program
388areas and adopt rules related thereto:
389     (a)  General program support for science museums, youth and
390children's museums, historical museums, local arts agencies,
391state service organizations, and organizations with cultural
392program activity in any of the arts and cultural disciplines.
393     (b)  Specific cultural projects for arts in education,
394museums, Culture Builds Florida, or nonprofit public or private
395organizations with cultural project activity in any of the arts
396and cultural disciplines.
397     (c)  A touring program with a selection procedure that will
398ensure maximum opportunity for Florida artists and cultural
400     (d)  An individual artist fellowship program with a
401selection procedure that will identify individual artists of
402exceptional talent and demonstrated ability. The division shall
403distribute grant appropriations as set forth by rule.
404     (e)  Other programs consistent with the purposes of this
406     (6)  Consistent with the requirements of this act, the
407division shall also establish rules regarding:
408     (a)  Eligibility criteria for the award of grants, which
409may include application requirements, program quality, artistic
410quality, creativity, potential public exposure and benefit,
411ability to properly administer grant funds, professional
412excellence, fiscal stability, state or regional impact, matching
413requirements, and such other requirements to further the
414purposes of this act.
415     (b)  Particular grant programs, categories of grants, and
416procedures necessary for the prudent administration of the grant
418     (c)  The panel review process, including criteria for
419reviewing grant applications to ensure compliance with
420applicable federal and state law, including those related to
421discrimination and conflicts of interest. The division may not
422award any new grant that will, in whole or in part, inure to the
423personal benefit of any council or review panel member during
424that member's term of office if the council or panel member
425participated in the vote of the council or panel recommending
426the award. This subsection does not prohibit the division from
427awarding a grant to an entity with which a council or panel
428member is associated.
429     (7)  The division shall award grants:
430     (a)  To supplement the financial support of artistic and
431cultural activities and programs that, without grant assistance,
432may otherwise be unavailable to citizens of this state.
433     (b)  To those activities and programs that have substantial
434artistic and cultural significance, giving emphasis to
435creativity and the maintenance and encouragement of professional
437     (c)  To those activities and programs meeting professional
438standards or standards of authenticity of significant merit,
439regardless of origin.
440     (d)  For other purposes consistent with this act.
441     (8)  An eligible grantee shall be a nonprofit, tax-exempt
442Florida corporation; local or state governmental entity; school
443district, community college, college, or university; agency of
444state government; or artist engaged in or concerned with arts
445and cultural activities.
446     (9)  In order to equitably distribute limited state
447funding, grant applicants may only apply for and be awarded one
448grant per annual grant cycle, except for cultural facilities,
449cultural endowments, touring program grants, and individual
450artist fellowships.
451     (10)  Of the total amount of grant funds available from all
452sources for grants, except cultural facilities and cultural
453endowments, 70 percent shall be awarded on at least a dollar-
454for-dollar matching basis. Up to 50 percent of the grantee's
455match may consist of in-kind funds. Up to 30 percent of all
456grant funds may be awarded on a nonmatching basis, including
457individual fellowships.
458     Section 7.  Effective upon this act becoming a law, section
459679.527, Florida Statutes, is amended to read:
460     679.527  Florida Secured Transaction Registry.--
461     (1)  As used in this section, the term:
462     (a)  The "Florida Secured Transaction Registry" or
463"registry" means the centralized database in which all initial
464financing statements, amendments, assignments, and other
465statements of change authorized to be filed under this chapter
466are filed, maintained, and retrieved. The term does not apply to
467documents that are filed under this chapter with the clerk of a
468circuit court.
469     (b)  "Department" means the Department of State.
470     (c)  "Materials and records" includes, but is not limited
471to databases, source or object codes, and any software relating
472to the Florida Secured Transaction Registry or other filing
473system for centralized filing under this chapter, regardless of
474the original source of its creation or maintenance.
475     (2)  Under chapter 287, the department has the authority to
476determine and select the most qualified respondents to the
477request for qualifications and to negotiate and enter into one
478or more contracts as provided in this section. The contract may
479not be assignable or otherwise transferable without the express
480written consent of the department, notwithstanding any
481limitations imposed by s. 679.4061 or s. 679.4081.
482     (3)  The department shall perform the duties, as filing
483officer and filing office under this chapter, for the Florida
484Secured Transaction Registry until October 1, 2001, or until the
485effective date of a contract executed by the department to
486administer and operate the registry for the performance of these
487duties, whichever occurs later. At that time, the department
488shall cease serving as the designated filing officer and filing
489office for the registry under this chapter, and thereafter,
490except to the extent the department may reclaim those duties as
491provided below, the department shall not be responsible for the
492performance of the duties of the filing office or officer under
493this chapter, including determining whether documents tendered
494for filing under this chapter satisfy the requirements of law.
495The department shall retain authority under this chapter to
496approve the forms required to be filed under this chapter. If
497authorized by the contract with the department, the entity
498performing the duties of the filing office may certify a copy of
499a financing statement, or an amendment thereto, which shall be
500admissible in a state or federal court or in a proceeding before
501any other tribunal.
502     (2)(4)  Notwithstanding The terms and conditions of any
503contract to perform the administrative and operational functions
504of the filing office or filing officer under this part for the
505Florida Secured Transaction Registry shall terminate on June 30,
5062009. Beginning July 1, 2009, the department shall perform the
507administrative and operational functions of the filing office or
508filing officer under this part for the Florida Secured
509Transaction Registry. The department and the state shall retain
510sole and exclusive ownership of the materials and records of the
511registry, shall have the right to inspect and make copies of the
512materials and records of the registry, and shall have the right
513to immediately reclaim and take possession and control of the
514original materials and records of the registry if any entity
515under contract with the department to administer and operate the
516registry does not, or cannot, perform the terms and conditions
517of the contract for any reason or commences or is adjudicated a
518debtor in an insolvency proceeding. If the department reclaims
519control of the materials and records of the registry, the
520department shall provide for the uninterrupted fulfillment of
521the duties of the filing office and filing officer under this
522chapter by administration and operation by the department until
523a subsequent contract for such duties can be executed. The
524department shall be entitled to injunctive relief if the entity
525fails to turn over the materials and records upon demand, and
526the Circuit Court for Leon County, Florida, shall have exclusive
527original jurisdiction to adjudicate any disputes pertaining to
528this section or any contract entered into under this section.
529     (5)  The Department of State shall immediately develop and
530issue a Request for Qualifications seeking capable entities to
531perform both the duties currently being performed by the
532department as a filing officer and filing office under this
534     (a)  The qualifications shall, at a minimum, provide for
535the organization and maintenance of the Florida Secured
536Transaction Registry as the centralized Uniform Commercial Code
537filing and retrieval system, which:
538     1.  Is comparable and compatible with the department's
539existing filing system.
540     2.  Is open to the public and accessible through the
541Internet, to permit the review of all existing filings of the
542department and all future filings in the registry, in compliance
543with chapter 119.
544     3.  Provides for oversight and compliance audits by the
546     4.  Requires records maintenance in compliance with this
547chapter and chapter 119.
548     5.  Maintains the current level of filing fees and
549procedures for the deposit of revenues with the department as
550specified in chapter 15, net of operating costs, for a period of
5515 years.
552     (b)  The Department of State shall develop performance
553standards to ensure that the Florida Secured Transaction
554Registry is accurate and complete and that the users thereof are
555being well-served. Periodically, the department shall verify
556that these performance standards are being met or modified as
557may be needed from time to time.
558     Section 8.  Subsection (2) of section 255.043, Florida
559Statutes, is amended to read:
560     255.043  Art in state buildings.--
561     (2)  The Department of Management Services or other state
562agencies receiving appropriations for original constructions
563shall notify the Florida Arts Council on Arts and Culture and
564the user agency of any construction project which is eligible
565under the provisions of this section. The Department of
566Management Services or other state agency shall determine the
567amount to be made available for purchase or commission of works
568of art for each project and shall report these amounts to the
569Florida Arts Council on Arts and Culture and the user agency.
570Payments therefor shall be made from funds appropriated for
571fixed capital outlay according to law.
572     Section 9.  Paragraph (a) of subsection (2) and subsection
573(3) of section 265.2865, Florida Statutes, are amended to read:
574     265.2865  Florida Artists Hall of Fame.--
575     (2)(a)  There is hereby created the Florida Artists Hall of
576Fame. The Florida Arts Council on Arts and Culture shall
577identify an appropriate location in the public area of a
578building in the Capitol Center that is under the jurisdiction of
579the Department of Management Services, which location shall be
580set aside by the department and designated as the Florida
581Artists Hall of Fame.
582     (3)  The Florida Arts Council on Arts and Culture shall
583accept nominations annually for persons to be recommended as
584members of the Florida Artists Hall of Fame. The council shall
585recommend to the Secretary of State persons to be named as
586members of the Florida Artists Hall of Fame. The council shall
587recommend as members of the Florida Artists Hall of Fame persons
588who were born in Florida or adopted Florida as their home state
589and base of operation and who have made a significant
590contribution to the enhancement of the arts in this state.
591     Section 10.  Paragraph (f) of subsection (7) of section
592265.32, Florida Statutes, is amended to read:
593     265.32  County fine arts council.--
596     (f)  The county arts council may, from time to time and at
597any time, submit to the Florida Arts Council on Arts and Culture
598a report summarizing its activities and setting forth any
599recommendations it considers appropriate, including
600recommendations with respect to present or proposed legislation
601concerning state encouragement and support of the arts.
602     Section 11.  Paragraph (c) of subsection (1) of section
603265.606, Florida Statutes, is amended to read:
604     265.606  Cultural Endowment Program; administration;
605qualifying criteria; matching fund program levels;
607     (1)  To be eligible for receipt of state matching funds,
608the local sponsoring organization shall meet all of the
609following criteria:
610     (c)  Be designated a cultural sponsoring organization by
611the department, if recommended by the Florida Arts Council on
612Arts and Culture to the Secretary of State pursuant to the
613procedures contained in s. 265.285.
614     Section 12.  Subsections (3) and (5) of section 265.701,
615Florida Statutes, are amended to read:
616     265.701  Cultural facilities; grants for acquisition,
617renovation, or construction; funding; approval; allocation.--
618     (3)  The Florida Arts Council on Arts and Culture shall
619review each application for a grant to acquire, renovate, or
620construct a cultural facility which is submitted pursuant to
621subsection (2) and shall submit annually to the Secretary of
622State for approval lists of all applications that are
623recommended by the council for the award of grants, arranged in
624order of priority. The division may allocate grants only for
625projects that are approved or for which funds are appropriated
626by the Legislature. Projects approved and recommended by the
627Secretary of State which are not funded by the Legislature shall
628be retained on the project list for the following grant cycle
629only. All projects that are retained shall be required to submit
630such information as may be required by the department as of the
631established deadline date of the latest grant cycle in order to
632adequately reflect the most current status of the project.
633     (5)  The Division of Cultural Affairs shall adopt rules
634prescribing the criteria to be applied by the Florida Arts
635Council on Arts and Culture in recommending applications for the
636award of grants and rules providing for the administration of
637the other provisions of this section.
638     Section 13.  Subsection (2) of section 679.5011, Florida
639Statutes, is amended to read:
640     679.5011  Filing office.--
641     (2)  The office in which to file a financing statement to
642perfect a security interest in collateral, including fixtures,
643of a transmitting utility is the Office of the Secretary of
644State, or the filing office authorized by s. 679.527 to accept
645filings for the Florida Secured Transaction Registry. The
646financing statement also constitutes a fixture filing as to the
647collateral indicated in the financing statement which is or is
648to become fixtures.
649     Section 14.  Sections 265.2861, 265.2862, 265.289, 265.608,
650265.609, 265.702, and 265.708, Florida Statutes, are repealed.
651     Section 15.  Except as otherwise expressly provided in this
652act, this act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.
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