Notice of Proposed Rule

DEPARTMENT OF STATE
Division of Cultural Affairs
RULE NO.: RULE TITLE:
1T-1.039: Cultural Facilities Program
PURPOSE AND EFFECT: The purpose of this amendment is to establish in rule the most recent program calendar, including the application deadline; criteria related to eligibility, application submission, application review and scoring, and reporting requirements; and criteria related to compliance with and the recordation of restrictive covenants.
SUMMARY: The proposed rule details application submission, eligibility criteria, application procedures, matching funds, evaluation criteria, reporting requirements, and grant administration.
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: Based upon the following, the Agency has determined that the proposed rule will not require legislative ratification pursuant to Section 120.541(3), F.S., or other applicable statutes: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with cultural-related activities and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
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: 265.701(5) FS.
LAW IMPLEMENTED: 215.97, 265.701, 286.011, 286.012, 286.25 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: Tuesday, May 1, 2012, 9:30 a.m.
PLACE: Division of Cultural Affairs, R. A. Gray Building, 3rd Floor, 500 South Bronough Street, Tallahassee, Florida 32399-0250
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Donald R. Blancett, Division of Cultural Affairs, R. A. Gray Building, 3rd Floor, 500 South Bronough Street, Tallahassee, Florida 32399-0250

THE FULL TEXT OF THE PROPOSED RULE IS:

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 2013- 2014 2011-2012 guidelines, 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, grant administration procedures, 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), effective 6/2012 7/10; must be submitted on-line at www.Florida-arts.org, is available from the Division, 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), effective 6/2012 7/10;

(b) State Funds Expenditure Log (Form CA2E119), effective 6/2012 7/10;

(c) Grant Amendment Request (Form CA2E047), effective 6/2012 7/10;

(d) Grant Award Agreement (Form CA2E038), effective 6/2012 7/10;

(e) Request for Warrant (Form CA2E001), effective 6/2012 7/10.

Rulemaking Authority 265.701(5) FS. Law Implemented 265.701 FS. History–New 7-13-10, Amended________.

 

Editorial Note: Formerly 1T-1.001(3), F.A.C.


NAME OF PERSON ORIGINATING PROPOSED RULE: Donald R. Blancett
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Sandy Shaughnessy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 14, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: Vol. 38, No. 8, February 24, 2012