The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/SB 1404
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on
Transportation, Tourism, and Economic Development); and Senator Hooper
SUBJECT: Cultural and Historical Programs
DATE: April 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ponder McVaney GO Favorable
2. Wells Hrdlicka ATD Recommend: Fav/CS
3. Wells Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1404 designates the Museum of Florida History as the official state history museum and
makes several changes to the Division of Cultural Affairs and Division of Historical Resources.
The bill renames the “Division of Cultural Affairs” to the “Division of Arts and Culture” and
designates the Secretary of State as “Florida’s Chief Arts and Culture Officer.”
To better align the duties of the Division of Arts and Culture and the Division of Historical
Resources, the bill transfers the:
 Florida Folklife Program from the Division of Historical Resources to the newly named
Division of Arts and Culture; and
 The operation of the Museum of Florida History from the Division of Cultural Affairs to the
Division of Historical Resources.
The bill requires the Division of Historical Resources to establish professional standards for the
preservation of the collections under state ownership and take appropriate action to foster
appreciation of Florida history and culture.
The bill transfers and revises provisions relating to property on loan to museums and property
abandoned at museums. The bill revises inventory responsibilities of the Division of Historical
BILL: CS/SB 1404 Page 2
Resources for objects of historical or archaeological value by raising the threshold value or cost
of objects in custody to $1,000 instead of $500.
The Department of State may experience an indeterminate positive fiscal impact as the
reassignment of the Florida Folklife Program brings the program in line with new federal
funding program requirements from the National Endowment for the Arts.
The bill takes effect on July 1, 2021.
II. Present Situation:
Official State Emblems
Chapter 15, F.S., statutorily designates official state emblems. To date, there are designations for
an official state seal, motto, tree, fruit, beverage, citrus archive, anthem, song, shell, stone, gem,
wildflower, play, animal, freshwater fish, saltwater fish, marine mammal and saltwater mammal,
butterfly, reptile and saltwater reptile, tortoise, air fair, rodeo, festival, moving image center and
archive, litter control symbol, pageant, opera program, renaissance festival, railroad museums,
transportation museum, flagship, soil, fiddle contest, band, sports hall of fame, pie, honey, horse,
and heritage cattle breed.1
Department of State
The Department of State (department), created in s. 20.10, F.S., is composed of six divisions:
Elections, Historical Resources, Corporations, Library and Information Services, Cultural
Affairs, and Administration. The head of the department is the Secretary of State (Secretary).2
The Secretary is appointed by the Governor, subject to confirmation by the Senate, and serves at
the pleasure of the Governor. The Secretary performs functions conferred by the State
Constitution upon the custodian of records.
The department is authorized to create Community Support Organizations for its Divisions of
Cultural Affairs,3 Historical Resources,4 and Library and Information Services.5 Citizen support
organizations (CSOs) are statutorily created entities that are generally required to be nonprofit
corporations and are authorized to carry out specific tasks in support of public entities or public
causes.
The Division of Cultural Affairs
The Division of Cultural Affairs is Florida’s designated state arts agency. The division promotes
arts and culture as essential to the quality of life for all Floridians. “To promote excellence and
encourage access to cultural opportunities, the division provides funding, programs and
resources, including grants for: arts in education, local arts agencies, state service organizations,
1
Sections 15.0301 through 15.0527, F.S.
2
Section 20.10, F.S.
3
Section 265.703(1), F.S.
4
Section 267.17(1), F.S.
5
Section 257.43(1), F.S.
BILL: CS/SB 1404 Page 3
museums, theater, dance, folk arts, literature, media arts, multidisciplinary, music,
sponsor/presenter, and visual arts programs and projects.” 6
The Division of Cultural Affairs also administers the Museum of Florida History and has its
offices in the historic Brokaw-McDougall House. “Opened in 1977, the Museum of Florida
History collects, preserves, exhibits, and interprets evidence of past and present cultures in
Florida, and promotes knowledge and appreciation of this heritage. As the State’s History
Museum, it focuses on artifacts and eras unique to Florida’s development and on roles that
Floridians have played in national and global events. Through exhibits, educational programs,
research, and collections, the Museum reflects the ways that people have shaped and reacted to
their cultural and natural environments.”7 The Division of Cultural Affairs also oversees the
Museum and Capitol gift shops as well as the citizen support organization charged with
supporting the Museum.
The Friends of the Museums of Florida, Inc., is the CSO created to support programs, exhibits,
collections, and activities of the Museum of Florida History and the Knott House Museum.8 A
citizen support organization is defined as an organization that is:
 A nonprofit corporation approved by the Department of State;
 Organized and operated to conduct programs and activities, raise funds, request and receive
grants, and make expenditures to benefit the division;
 Determined by the division to be consistent with the goals of the division and in the best
interest of the state; and
 Approved in writing by the division to operate for the benefit of the division.9
The identity of donors to the CSO who desire to remain anonymous are confidential and exempt
from public records requirements.10
Florida Arts and Cultural Act
The Florida Arts and Cultural Act is set forth in ss. 265.281-265.709, F.S. The Legislative intent
of the Act is to provide state support for, and to gain national and international recognition of,
the efforts, works, and performances of Florida artists, art agencies, museums and nonprofit
organizations.11 The Act defines the term “division” to mean the Division of Cultural Affairs of
the Department of State.12 The division is charged with directly administering and overseeing all
programs authorized by the Act. The division’s duties include:
 Accepting and administering state and federal funds appropriated by the Legislature or funds
received from other public or private sources;
6
Department of State, Division of Cultural Affairs, About Us, Mission, available at https://dos.myflorida.com/cultural/about-
us/mission/ (last visited on March 11, 2021).
7
Section 265.707, F.S. Department of State, Museum of Florida History, About, available at
https://museumoffloridahistory.com/ (last visited March 11, 2021).
8
Department of State, Museum of Florida History, About the Friends of the Museums of Florida History, Inc., available at
https://museumoffloridahistory.com/support/membership-program/about-the-friends-of-the-museums-of-florida-history-inc/
(last visited March 11, 2021).
9
Section 265.703(1), F.S.
10
Section 265.703(3), F.S.
11
Section 265.282, F.S.
12
Section 265.283(4), F.S.
BILL: CS/SB 1404 Page 4
 Consulting and advising on acquisition of fine art works, appropriate use and display of state-
owned art treasures for maximum public benefit, and suitability of ornamental or decorative
structure or fixtures in public buildings;
 Accepting donations of money, property, art objects, and antiquities on behalf of the state;13
 Sponsoring performances and exhibits; promoting and encouraging the study and
appreciation of arts and culture; and collecting, publishing, and printing pamphlets, papers,
newsletters, and other materials related to arts and cultural programs available throughout the
state; and
 Conducting and supporting cultural programs and cultural exchanges by coordinating with
the appropriate state agencies and other organizations.14
Florida Historical Resources Act
The Florida Historical Resources Act15 was established to preserve archaeological sites and
objects of antiquity for the public benefit.16 The Florida Historical Resources Act recognizes
Florida’s rich and unique heritage of historic properties as an important legacy to be valued and
conserved for present and future generations. Accordingly, Florida has adopted a state policy to
lead, assist, administer, and encourage public entities and private citizens to preserve the state’s
historic environment and resources.17
Division of Historical Resources
The Division of Historical Resources is responsible for preserving and promoting Florida’s
historical, archaeological, and folk culture resources. The division oversees historic preservation
programs to identify, evaluate, preserve, and interpret Florida’s historic and cultural resources.
These activities include administering the historic preservation grants programs, overseeing the
National Register of Historic Places, and maintain an inventory of the state’s historical resources.
The division also is responsible for the state’s archaeology program, which includes surveys and
excavations, primarily on state-owned lands or underwater locations; and coordinates outreach
programs to promote Florida’s historic and traditional culture, including the State Historical
Markers program and Florida Folklife program. The division director serves as the State Historic
Preservation Officer, acting as the liaison with the national historic preservation program
conducted by the National Park Service.18
Under the Florida Folklife Program, the division must identify, research, interpret, and present
Florida folk arts, artists, performers, folklore, traditions, customs, and cultural heritage and make
folk cultural resources and folklife projects available throughout the state. The division is
assisted by the Florida Folklife Council, a seven member council appointed by the Secretary of
13
Such donations of money and any cash income may be received from the disposal of any donations of property, art objects,
or antiquities. The donations and cash income are deposited into the Grants and Donations Trust Fund and by statutes are
appropriated for use by the division for the purposes authorized in the Act. Section 265.284(3)(e), F.S.
14
Section 265.284(3), F.S.
15
Chapter 267, F.S.
16
Section 267.14, F.S.
17
Section 267.061(2)(a), F.S.
18
Department of State, Division of Historical Resources, About, available at https://dos.myflorida.com/historical/about/ (last
visited on March 19, 2021). See also ch. 267, F.S.
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State, in carrying out its duties under the program.19 The program is funded in part by the
National Endowment for the Arts.20
Secretary of State – Florida’s Chief Cultural Officer
The Divisions of Cultural Affairs, Historical Resources, and Library and Information Services of
the department promote programs having substantial cultural, artistic, and indirect economic
significance that emphasize American creativity.21 The Secretary is designated as “Florida's
Chief Cultural Officer” and is encouraged to initiate and develop relationships between the state
and foreign governmental officials in order to promote Florida as the center of American
creativity. As Florida’s Chief Cultural Officer, the Secretary must coordinate international
activities with Enterprise Florida, Inc., and any other organization the Secretary deems to be
appropriate.22
Property Abandoned at Museums
The Legislature has declared that the people of Florida benefit from having property of artistic,
historic, cultural, or scientific value loaned to Florida museums.23 However, problems arise in
relation to indefinite or long term loans when museums and lenders fail to maintain contact. In
response to these problems, the Legislature has established uniform procedures governing the
disposition of unclaimed property24 on loan to museums. The rules are designed to:
 Encourage museums and their lenders to exercise due diligence in monitoring loans;
 Allocate fairly responsibilities between lenders and borrowing museums;
 Establish procedures for lenders to preserve their interests in property loaned to museums for
indefinite or long terms; and
 Resolve expeditiously the title to the unclaimed loaned property left in the custody of
museums.25
Whenever property is loaned to a museum, the museum is required to:
 Make and retain a written record containing the lender’s contact information, a description of
the property, a description of the property’s general condition, and the beginning and ending
dates of the loan;
 Provide the lender with a signed receipt or loan agreement;
 Inform the lender of the law; and
19
Sections 267.16 and 267.161, F.S.
20
Department of State, 2021 Agency Legislative Bill Analysis SB 1404 (February 24, 2021) (on file with the Senate
Governmental Oversight and Accountability Committee); see also Department of State, Division of Historical Resources,
Florida Folklife Program, available at https://dos.myflorida.com/historical/preservation/florida-folklife-program/ (last visited
March 11, 2021).
21
Section 15.18, F.S.
22
Id.
23
“Museum” is defined to mean a public or private nonprofit agency or institution located in Florida and organized on a
permanent basis for primarily educational, scientific, or aesthetic purposes, which owns or utilizes tangible objects, cares for
them, and exhibits them to the public on a regular basis. Section 265.565(2)(c), F.S.
24
“Unclaimed property” is defined to mean property which is on loan to the museum and in regard to which the lender, or
anyone acting legitimately on the lender’s behalf, has not contacted the museum for at least 25 years from the date of the
beginning of the loan, if the loan was for an indefinite or undetermined period, or for at least 5 years after the date upon
which the loan for a definite period expired. Section 265.565(2)(f), F.S.
25
Section 265.565(1), F.S.
BILL: CS/SB 1404 Page 6
 Provide the lender with a copy of the law upon request.26
If there is a change in the lender’s contact information, change in the ownership of the loaned
property, or a change in the duration of the loan is negotiated, the museum must update its
records to reflect the change. Whenever a museum renews or updates the records of an existing
loan, the museum must inform the lender of the existence of the law and provide the lender with
a copy upon the lender’s request.27 The museum is also required to give the lender prompt notice
of any injury to or loss of property on the loan.28
The lender is responsible for notifying the museum of any change in the lender’s address or
change in ownership of the property. Failure to provide the required notification could result in
the owner’s loss of rights to the property.29 Additionally, it is the responsibility of a successor of
a lender to document the passage of rights of control of the property that is in the custody of a
museum.30
In order to terminate a loan for unclaimed property, the museum must make a good faith and
reasonable search for the identity and last known address of the lender from the museum records
and other records that are reasonably available to museum staff.31 If the museum is able to