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 limits each organization to one application per funding cycle, requires that grant applicants be funded in order of score, reduces the minimum qualifying score from 85 to 80 points, and incorporates the program guidelines and required grant forms.
SUMMARY: This amendment limits the number of applications an organization may submit, revises the grant funding method, and incorporates the program guidelines and required grant forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There are no regulatory costs associated with this amendment and it 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), (6), 265.2861(2)(b), (f), 265.2865(6), 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: May 18, 2009, 11:00 a.m.
PLACE: Room 307, 3rd Floor, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250
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 48 hours before the workshop/meeting by contacting: Morgan Lewis, Division of Cultural Affairs, (850)245-6470. 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: Morgan Lewis, Division of Cultural Affairs; (850)245-6470

THE FULL TEXT OF THE PROPOSED RULE IS:

1T-1.001 Division of Cultural Affairs.

(1) through (12) No change.

(13) Culture Builds Florida Grant Program (Notice: for complete program information and application instructions, see the Culture Builds Florida Program Guidelines and Instructions, and the following forms, all of which are required for administration of this program, hereby incorporated by reference and available on the Division’s web site at www.florida-arts.org: Application (CA2E141, eff. ____); Grant Agreement (CA2E140, eff. ____); Grant Amendment Request Form (CA2E002, eff. ____); and State Grant Funds Expenditure Log (CA2E136, eff. ____)). This program supports projects, with grants up to $25,000, that strengthen the role that arts and culture play in make connections between the arts and the key areas of the Division’s Strategic Plan which are: of learning and wellness, strengthening the economy, leadership, and design and development.

(a) In addition to the basic eligibility requirements in subsection (5) of this rule, the following are required: (i) the proposed grant must either fund a new project or initiative in at least one of the four key areas above, or fund a new facet of an existing project program in at least one key area; (ii) only one organization may apply for those organizations working in partnership on one project; (iii) organizations may submit only one application each funding cycle; and (iv)(iii) the cash match requirement is $1 to $1, with no more than 25% of the match from in-kind revenues. Cash match waivers will allow in-kind substitutions of up to 100% of the cash match requirement for REDI designated counties. See subparagraph (5)(e)4. of this rule for further information on cash match waivers.

(b) Application review, scoring, and funding recommendations. Applications will be evaluated by a multidisciplinary review panel based on (i) Cultural and Artistic Excellence of the Project; (ii) Sustainability of the Project; and (iii) Program Management for the Project, including planning and evaluation procedures. After each eligible application has been reviewed and scored by each member of the grant review panel, the scores of each panel member for each application will be averaged. The maximum total average score is 100 and an average minimum average score of 80 85 is required to be considered for funding. A minimum average score of 80 85 will not guarantee funding, if available funding will not allow. Once the Panel has assigned an average panel score to each application, it will provide a list, ranked in order of score, to the Florida Arts Council for review and recommendation. The Florida Arts Council will submit their recommended list, in order of score, to the Secretary of State for review and approval. Applications on the ranked list shall be funded for the amount recommended by the Panel and the Council, and approved by the Secretary of State in order of score, from the top down until appropriated funds are depleted. If awarded project funds are returned to the Division, it shall award these funds to the next grant application on the approved list.

(14) through (20) No change.

Rulemaking Specific Authority 255.043(4), 265.284(5)(d), 265.285(1)(c), 265.286(1), (6), 265.2861(2)(b), (f), 265.2865(6), 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, 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, 7-8-08, 9-8-08, 3-5-09, ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Morgan Lewis, Division of Cultural Affairs
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Sandy Shaughnessy, Director, Division of Cultural Affairs
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 10, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 20, 2009