Notice of Development of Rulemaking

DEPARTMENT OF STATE
Division of Historical Resources
RULE NO: RULE TITLE
1A-37.001: Use or Rental of Mission San Luis Facilities
PURPOSE AND EFFECT: The purpose is to establish fees and rental guidelines for the use and rental of Mission San Luis Facilities.
SUBJECT AREA TO BE ADDRESSED: Rules regarding the use and rental of Mission San Luis Facilities.
SPECIFIC AUTHORITY: 267.17 FS.
LAW IMPLEMENTED: 267.17(2)(b) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: Monday, May 1, 2006, 9:00 a.m.
PLACE: Florida Heritage Hall, First Floor, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Stephen S. Mathues, Assistant General Counsel, Office of the General Counsel, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850)245-6208.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

1A-37.001 Use and Rental of Mission San Luis Facilities.

(1) Pursuant to Section 267.17, F.S., the grounds and buildings of Mission San Luis (Mission) may be made available through an agreement with the Friends of Mission San Luis, Inc. (FOMSL).

(a) The Mission welcomes site uses or rentals that are appropriate and consistent with the seventeenth-century setting at this historic property. The use of the Mission grounds or the rental of Mission facilities should advance public knowledge and appreciation of the site.

(b) Mission San Luis is a National Historic Landmark and an important archaeological site. No digging or ground disturbance of any kind is permitted. Events shall not permanently alter the site with equipment or decorations.

(c) Historical Reconstructions at the Mission, including the church, council house, Spanish house, friary, kitchen, and any future reconstructions are designated as museum exhibits. The archaeological sensitivity and historical integrity of these buildings must be maintained at all times.

(d) The entire site is a non-smoking area.

(e) Food and beverages may be permitted in site facilities with proper approval.

(f) The sale of alcoholic beverages is prohibited on the site, however, alcoholic beverages may be served free of charge at planned events.

(g) Except for designated parking areas, no vehicles are permitted on the site grounds without proper approval. Service roads may be used for unloading or loading, but vehicles must be parked in visitor parking areas or other areas designated for special events.

(2)(a) Visitors to the Mission may, without application or cost, use designated areas of the site for picnics and programs during the Mission’s normal operating hours posted on site.

(b) No fires or cooking of any kind is permitted by visitors.

(3) Applicants may rent site facilities for planned events.

(a) The Education Building may be made available for private meetings for up to 50 persons during or after normal operating hours.

(b) The Historic Reconstructions may be made available for rental during and after normal operating hours. Any scheduled event taking place during normal operating hours shall be open to the public and the event must not interfere with other visitors’ enjoyment of the site.

(4) Any person desiring to obtain approval for the rental of a Mission San Luis facility shall submit the Application for the Rental of a Mission San Luis Facility Form, Form ####, Effective #####, prescribed by the Department of State, Division of Historical Resources. The form is incorporated by reference herein and is available from the Mission San Luis Visitor Center.

(5) Unless otherwise specified, application and approval for the rental of a Historic Reconstruction facility is for a single event not to exceed one day. The application and approval for the rental of the Education Building is for a single event not to exceed four hours. An Education Building event that exceeds four hours will be subject to an additional four hour fee.

(a) Facilities must be used in a manner consistent with the Legislature’s intent to preserve the historic nature and dignity of state properties as enunciated in Sections 267.061 and 267.14, F.S. Events that do not uphold or that interfere with the historic nature of the Mission shall not be approved. An approved event that the Mission subsequently determines does not uphold or that interferes with the historic nature of the Mission shall be cancelled.

(6) Applications and supporting documents shall be filed with the Director, Mission San Luis, 2021 Mission Road, Tallahassee, Florida 32304, no less than sixty (60) days in advance of the planned event.

(7) Definitions. The following words shall have the following meanings for the purposes of this rule:

(a) “Facility” shall be defined as any structure, building, or open area that the Mission opens for rental use.

(b) “Site” refers to the entire grounds and facilities of the Mission.

(8) Rental fees for specific facilities are listed on Form ####. An initial deposit of fifty (50) percent of the listed fee is required at least forty (45) days prior to the date of the event. The remaining fifty (50) percent is due the day of the event. Cancellation of an event more than thirty (30) days prior to the scheduled date is without penalty and the Mission will return the deposit. Persons canceling an event less than thirty (30) days prior to the scheduled date will be responsible for one hundred (100) percent of the fee.

(a) Rental fees only include the rental of the facilities. Additional fees will apply if:

1. The event requires the use of the Mission’s audio-visual equipment; or

2. If the event requires special staffing, set-up, and clean-up; or

3. If the scheduled event takes place after normal hours.

4. The fee for the use of Mission personnel will be at a rate of ten (10) dollars per hour per Mission employee. The number of Mission employees will be determined prior to event approval and will be based on size and nature of the event.

(b) With the exception of the tables and chairs provided with the rental of the Education Building and the outdoor picnic benches, the Mission does not supply tables, chairs or tents. Applicants are responsible for providing all equipment needed for an event. All equipment must be approved for use at an event. Tents which require stakes to be driven into the ground are prohibited.

(c) An agency, as defined by subsections 120.52(1) and (2), F.S., but not including subparagraph 120.52(1)(b)8., F.S., authorized staff members of that agency, FOMSL, and contributors to FOMSL may use the facilities free of charge for official agency functions or official FOMSL business; but must comply with all other facility rental requirements. Events by the abovementioned parties, not in the course of official FOSML business or an official agency function are permitted, free of charge, but require prior approval.

Specific Authority 267.17 FS. Law Implemented 267.13(b) FS. History–New_________.