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: The purpose of this amendment will be to establish in rule changes to the Arts in Education Grant Program. This amendment will simplify the program and will help build sustained arts education programs for students of all ages in many areas across Florida that currently have no arts education.
SUMMARY: The proposed rule describes these changes; deletes a category; creates a new category to serve REDI/Underserved areas; deletes bonus points; clarifies review criteria, and deletes the multiple Artist Residency funding levels replacing those with minimum and maximum funding components.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There are no regulatory costs associated with this proposed rule.
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: Monday, July 23, 2007, 10:00 a.m.
PLACE: Division od Cultural Affairs, 500 South Bronough Street, R. A. Gray Building, 3rd Floor, 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 72 hours before the workshop/meeting by contacting: Division staff at (850)245-6356 or Text Telephone 711. 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: Laura L. Stone, Division of Cultural Affairs, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida, (850)245-6475

THE FULL TEXT OF THE PROPOSED RULE IS:

1T-1.001 Division of Cultural Affairs.

The purpose of the rule is to establish administrative procedures for all Division of Cultural Affairs (Division) activities.

(1) through (11) No change.

(12) No change.

(a) Eligibility and funding requests. All applicants must meet the basic eligibility requirements detailed in subsection (5). Eligible organizations may submit no more than one application to each funding category. Organizations receiving more than $100,000 in General Program Support (Cultural Support Program) may submit only one application to the Arts in Education Program. There are three funding categories in this program: Artist Residency, Arts Education Partnerships, and Rural Development Grant for REDI and Underserved Communities School-Based Arts Education.

1. Artist Residency proposals may request up to $10,000.  Minimum request for funding will not be less than $5,000.  Artist Residency has two levels. Level I is a Short-Term Residency where an organization may request from $1,500 to $5,000 for a residency of one to four weeks; Level II is a Long-Term Residency where an organization may request up to $10,000 for a residency of five weeks or longer.

2. No change.

3. Rural Development Grant for REDI and Underserved Communities is a 3 year development program. Only designated REDI or Rural and Underserved counties are eligible to apply. Planning Year (first year) will award grants of $3,000. Pilot Year (second year) will award grants of $5,000. Implementation Year (third year) will award grants of $7,500. Cash match of 25% of the grant amount is required for the Implementation Year (third year). This category provides funding for three years only and will not be sustained by Division funding beyond year three. School Based Arts Education proposals may request up to $10,000.

(b) Review criteria, scoring, and funding recommendations. Complete applications will be evaluated by a multidisciplinary review panel according to the following program criteria: Goals and Outcomes (up to 30 points), Educational Excellence (up to 50 points); Quality of Project Activities and Excellence in the Arts (up to 30 points), Project Impact (up to 30 points), Public Participation (up to 10 points), Access (ADA compliance, up to 10 points), and Ability to Achieve Goals and Evaluate Success (up to 20 points) and Program Management (up to 20 points).

1. Applicant organizations conducting 50% or more of their proposed project in a REDI qualified community, or a rural or underserved county, will receive 5 bonus points added to the average panel score. For the purposes of this program, a rural county is one whose population is less than 100,000 or whose population density is less than 250 people per square mile, and an underserved county is one with no designated local arts agency or other means of acquiring arts education programming. REDI qualified means those counties or communities designated pursuant to Sections 288.0656 and 288.06561, F.S.

1.2. An average panel score of at least 80 points out of a maximum possible 100 points must be earned to be considered for funding in this program. Award amounts recommended to the Council will be determined by the review panel. Funding recommendations will be made in consideration of the overall group of applications, the relative merits of each proposal, and the anticipated funds available for the program. The panel is not required to fund all proposals that achieve the minimum average score of 80. For those applications recommended for funding, no award shall be less than $3,000, $1,500 except Level 1 Arts Education Partnerships mini-grants which shall not be recommended for less than $2,500.

3. For this program, a complete application is that which is described in subsection (5) with two exceptions: only the completed fiscal year of Operating Results and Projections is required, and responses to all narrative questions must be included.

(13) through (20)  No change.

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, 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, 2-2-05, 5-16-05, 6-21-05, 12-20-05, 5-22-06, 6-5-06, 6-27-06,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Laura L. Stone
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sandy Shaughnessy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 25, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 4, 2007