Rule No.: RULE TITLE
1A-37.001: Use or Rental of Mission San Luis Facilities

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 42, October 22, 2010 issue of the Florida Administrative Weekly.

In response to comments received from the Joint Administrative Procedures Committee, reference to Section 267.14, Florida Statutes, as implementing authority is removed and substantive changes have been made to subsections (1) and (5), and a new subsection (6) is created to incorporate language previously published as part of subsection (5) and then revised so those subsections will read as follows:

(1) General provisions. Pursuant to Section 267.17, F.S., Tthe grounds and facilities buildings of Mission San Luis (Mission) are may be made available for visitation and rental. Such visitation and rental activities are coordinated by through an agreement with the Friends of Mission San Luis, Inc. (FOMSL) through a written agreement with the Department of State’s Division of Historical Resources. The FOMSL is established pursuant to Section 267.17, F.S., to provide primary assistance, funding and promotional support including any activities necessary or derived to organize and operate the Mission and its programs.

Paragraphs (a)-(g) of subsections (1) and (2)-(4), and paragraph (5)(a) are not substantively changed.

(5) Rental process.

(b) An application shall be denied if:

1. The event involves political fundraising activities.

2. The event interferes with or does not uphold the historic nature of the Mission.

3. The applicant has failed to comply with terms and conditions of a previous use or rental of the Mission including specific facility or grounds.

(c) Subsequent to approval, an approved event shall be cancelled if it is determined that:

1. The event interferes with or otherwise does not uphold the historic nature of the Mission.

2. The event involves or includes an outside vendor selling to guests or attendees for which prior written authorization was not obtained. Authorization shall be granted if it is determined that Mission resources are not adversely affected, that existing contractual relationships are not impaired or adversely affected, that a needed visitor service or product is provided, and that the provision of the product and/or service is consistent with MSL management practices as set out in this rule.

(6) Fees and expenses.

(a) The fee and expense schedule shall be published on the Mission’s website at: www.missionsanluis.org (accessible also through the Division’s website), and posted conspicuously on the Mission’s Visitor’s Center. Any proposed change to the current schedule shall be advertised in the Florida Administrative Weekly, published on the Mission’s website at: www.missionsanluis.org, and posted conspicuously on the Mission’s Visitor Center. A hearing on the schedule shall be held upon request. Any proposed change to the fee schedule shall be approved by the Division before it becomes final. The schedule in effect may be obtained at http://www.missionsanluis.org/, or the Division’s website, or by visiting or writing to the Mission at 2100 West Tennessee Street, Tallahassee, Florida 32304.

(b) The fee and expense schedule shall be based on the:

1. Cost of managing and operating the Mission site.

2. Type of facility rented.

3. The needs or requirements for protecting the historical and archeological value of the Mission site.

4. Peak season(s) of the year.

5. Market demand and competition with other similar rental space providers and providers of services in the area to promote and secure use of the facilities and generate funding for the Mission.

6. Costs to cover special services, needs or requirements that an event may require including but not limited to the use of the Mission’s audio-visual equipment, special staffing, set-up, and clean-up, or the need for valet parking service, shuttle service and security personnel for after normal business hours activities.

(c) Additional fees and expenses for rental may apply based on the:

1. Nature, duration and extent of the event held.

2. Costs to cover special services, needs, or requirements of the event, not otherwise listed in the fee schedule.

Rulemaking Specific Authority 20.10(3), 267.031(1), 267.17(2)(b) FS. Law Implemented 267.031(2), 267.061, 267.17 FS. History–New 7-19-06. Amended_________.