Notice of Proposed Rule

DEPARTMENT OF STATE
Division of Cultural Affairs
RULE NO: RULE TITLE
1T-1.001: Division of Cultural Affairs
PURPOSE AND EFFECT: This amendment to Rule 1T-1.001, F.A.C., provides for a description of the reporting responsibilities of state agencies as regards the Art in State Buildings Program.
SUMMARY: Administration of the art selection process will be the responsibility of the state agency that receives funding from the legislature for construction of facilities that provide public access. These agencies shall submit notification of funding and documentation of each art selection process to the Florida Arts Council through the Division of Cultural Affairs before acquiring artwork.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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) 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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 9, 2008, 9:00 a.m.
PLACE: Room 307, R. A. Gray Building, 500 South Bronough Street, 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 2 days before the workshop/meeting by contacting: Morgan Lewis, Division of Cultural Affairs, (850)245-6356. 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: Lee Modica, Division of Cultural Affairs, (850)245-6476

THE FULL TEXT OF THE PROPOSED RULE IS:

1T-1.001 Division of Cultural Affairs.

(1) through (2)  No change.

(a) Art in State Buildings Program. This program acquires artwork for public display in the interior or exterior of state buildings, in accordance with section 255.043, Florida Statutes. State agencies that receive funding from the legislature for construction of new “public access” facilities shall set aside one-half of one percent (.5%) of their appropriation or $100,000, whichever is less, to purchase or commission artwork. Each agency shall follow the art selection process and forms contained in the Department of State’s Art in State Buildings Handbook (CA2E120, eff. 6/30/08), and in doing so, shall report funding appropriations and submit documentation supporting its art selection process to the Florida Arts Council through the Division of Cultural Affairs. The following Arts in State Buildings Forms are hereby incorporated by reference: Administrator Designation Form (CA2E121, eff. 6/30/08), Construction Appropriation Notification Form (CA2E122, eff. 6/30/08), Project Checklist (CA2E123, eff. 6/30/08), User Agency Representative Designation Form (CA2E124, eff. 6/30/08), Orientation Meeting Report (CA2E125, eff.6/30/08), Image Review Meeting Report (CA2E126, eff. 6/30/08), Implementation Expenses Authorization Form (CA2E127, eff. 6/30/08), Artist's Declaration Form (CA2E128, eff. 6/30/08), Artist's Representative Designation Form (CA2E129, eff. 6/30/08), Recommendation Reports (CA2E130, eff. 6/30/08), Finalist Review Meeting Report (CA2E131, eff. 6/30/08), Selection Detail Report (CA2E132, eff. 6/30/08), Selection Approval Form (CA2E133, eff. 6/30/08), Artwork Inventory Sheet (CA2E134, eff. 6/30/08), and Project Completion Form (CA2E135, eff. 6/30/08). The Art in State Buildings Handbook and forms are available on the Division’s web site at www.Florida-Arts.org or may be obtained from the Director of the Division of Cultural Affairs, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. section provides guidelines and procedures by which artworks are acquired through the Art in State Buildings Program. The Division shall administer the art selection process in conjunction with the DMS, Board of Regents, the Florida Arts Council, and other state agencies. The State of Florida Art in State Buildings Program Guide (Form CA1Eo63, eff.2/96) provides the eligibility criteria and art selection procedures.

(b) 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, 2-5-05, 5-16-05, 6-21-05, 12-20-05, 5-22-06, 6-5-06, 6-27-07, 8-20-07, 9-16-07, 1-8-08,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Lee Modica, Division of Cultural Affairs
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sandy Shaughnessy, Director, Division of Cultural Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 6, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 7, 2008