reglab/statecodes huggingface dataset:
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.01, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.02, Amended 11-24-87, 9-4-96,
					 6-14-05, Repealed 4-14-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.003 - Responsibility for Historic Preservation Grants Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.03, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.004 - Program Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(2) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.04, Amended 11-24-87, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.005 - Grant Funding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.05, Amended 9-4-96, 6-14-05,
					 Repealed 4-14-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.006 - Funding Categories (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(3) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Amended 9-30-84, Formerly 1A-35.06, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.007 - Application Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Amended 10-3-84, Formerly 1A-35.07, Amended
					 7-21-86, 11-24-87, 12-26-91, 8-11-93, 9-4-96, 6-14-05, Repealed
					 4-14-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.008 - Application Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(3) FS.
					 Law Implemented 267.0612(4),
					 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.04, Amended 10-24-84, Formerly
					 1A-35.08, Repealed 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.009 - Grant Award Contract (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.10, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.010 - Accounting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.10, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.011 - Retention of Accounting Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.11, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.012 - General Audit Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.12, Amended 11-24-87, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.013 - Revisions to Grant Assisted Projects (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.13, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-35 - HISTORIC PRESERVATION GRANTS-IN-AID › Section 1A-35.014 - Termination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.0617(2)
					 FS.
New 10-18-83, Formerly 1A-35.14, Repealed
					 9-4-96.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(5)(g)
					 FS.
New 3-12-03, Repealed
					 3-20-16.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words and phrases, when used in this chapter,
				  shall have the following meanings, except where the context clearly indicates a
				  different meaning:
(1) "Active Local
				Program" means a local preservation-based downtown revitalization program that
				has been designated for participation in the Florida Main Street Program
				pursuant to Rule  1A-36.008, F.A.C., and is
				conducted in full conformance with the criteria listed in Rule
				 1A-36.010, F.A.C.
(2) "Advisory Committee" means the ad hoc
				Florida Main Street Advisory Committee established pursuant to Rule
				 1A-36.007, F.A.C., to review and
				make recommendations to the Secretary of State regarding applications for
				participation in the Florida Main Street Program.
(3) "Applicant" means the entity that:
(a) Makes application for designation to
				participate in the Florida Main Street Program; and,
(b) That will be responsible for
				administration of the local Main Street program, should it be designated.
				Applicants representing previously designated Local Programs are not eligible
				to reapply for designation of a local Main Street program to be conducted in
				the same Local Program Area.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.003 - Program Information

Current through Reg. 50, No. 138; July 16, 2024
(1) The Division
				shall make available to the public a Florida Main Street Program information
				package. The information package shall include a description of the program,
				eligibility requirements, application procedures, and the annual application
				deadline.
(2) Copies of the
				information package may be obtained by writing to the Bureau of Historic
				Preservation, 500 South Bronough Street, R.A. Gray Building (Fourth Floor),
				Tallahassee, Florida 32399-0250, or by calling (850)245-6333. Bureau office
				hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.
(3) The Division shall provide technical
				assistance on request to entities interested in making application for
				participation in the Florida Main Street Program. At a minimum, such assistance
				shall include meeting with community representatives, conducting one or more
				regional pre-application workshops annually, and responding to e-mail,
				telephone and written inquiries. Depending on availability of resources, such
				assistance may also include an assessment visit to the proposed Local Program
				Area by the Program Coordinator.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(5)(g)
					 FS.
New 3-12-03.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.004 - Program Description

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida
				Main Street Program is based on the program model developed by the National
				Trust for Historic Preservation in the early 1980s and provides training and
				technical assistance to designated Active Local Programs to assist development
				of preservation-based downtown revitalization programs within their Local
				Program Areas.
(2) Local Programs
				are designated for participation in the Florida Main Street Program by the
				competitive process prescribed in this rule.
(3) With the exception of the limited
				assistance described in subsection
				 1A-36.003(3),
				F.A.C., only Active Local Programs are eligible to receive training and
				technical assistance through the Florida Main Street Program.
(4) The structured training and technical
				assistance provided to Active Local Programs through the Florida Main Street
				Program continues for a period of up to three years following designation.
				After their initial three-years of participation, Active Local Programs shall
				receive additional training and technical assistance consistent with available
				resources.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(5)(g)
					 FS.
New 3-12-03.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.005 - Eligibility Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				Applicant must represent:
(a) A local downtown
				preservation and revitalization program within an incorporated municipality,
				or
(b) A regional, countywide or
				unincorporated community program (with one or more traditional commercial
				districts, i.e., a group of small communities connected by a waterway or
				roadway) conducted by or in cooperation with one or more local and county
				governments.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.007 - Ad Hoc Florida Main Street Advisory Committee

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purpose of reviewing Applications
				and making recommendations on such Applications, there is created annually the
				ad hoc Florida Main Street Advisory Committee. The Advisory Committee shall
				review and rank all Eligible Applications and shall recommend Applicants to the
				Secretary for designation as Local Programs based on the criteria in Rule
				 1A-36.008, F.A.C.
(2) The Committee shall consist of up to
				eight members, representing the following public and private sector agencies
				and organizations:
(a) Division of Historical
				Resources, Florida Department of State;
(b) National Main Street Center of the
				National Trust for Historic Preservation;
(c) Florida Department of Community
				Affairs;
(d) Florida Redevelopment
				Association;
(e) Florida League of
				Cities;
(f) 1000 Friends of
				Florida;
(g) Florida Trust for
				Historic Preservation; and,
(h) The
				Manager of an Active Local Program.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.008 - Application Review

Current through Reg. 50, No. 138; July 16, 2024
(1) Following the
				Application Deadline, Division staff shall review all Applications for
				completeness and eligibility. If Division staff determines that an Application
				is incomplete, they shall request additional information of the Applicant by
				email or facsimile transmittal. Requested additional information must be
				received by the Division within seven days of the request, otherwise the
				Application shall be declared ineligible and handled in accordance with
				subsection  1A-36.005(7),
				F.A.C.
(2) The Division shall send
				to each member of the Advisory Committee a copy of each Eligible Application in
				sufficient time for members to review all Eligible Applications prior to the
				Advisory Committee convening in a public meeting for the purpose of considering
				the Applications.
(3) Division
				staff shall make the Advisory Committee aware of any additional information or
				clarification requested by it and received from an Applicant prior to final
				consideration of said Application.
(4) The Advisory Committee shall hold a
				public meeting to review and evaluate Eligible Applications within 45 days of
				the Application Deadline. At least seven days before the meeting, the Division
				shall notify each Applicant of the date, time and place of the meeting, and
				provide each Applicant with a copy of the meeting agenda.
(5) Applications shall be evaluated and
				comparatively ranked in the best professional judgment of the Advisory
				Committee members in consideration of the following criteria:
(a) Criteria related to the characteristics
				of the community:
1. The history of the
				community and the proposed Local Program Area;
2. Community demographics, economic base and
				standard economic indicators;
3.
				Potential for benefit from the training and technical assistance provided by
				the Florida Main Street Program;
4.
				Plans for redevelopment within the proposed Local Program Area and the larger
				community;
5. Municipal, state and
				federal development programs and activities within the Local Program Area and
				the larger community;
6.
				Encouragement of economic reinvestment within the Local Program Area provided
				by local government and financial institutions; and,
7. Other community organization activities,
				cultural and recreational events, and facilities that may contribute to
				revitalization of the Local Program Area.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-36 - FLORIDA MAIN STREET PROGRAM › Section 1A-36.010 - Active Local Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Active Local
				Programs shall include:
(a) Local Programs in
				the first three years of participation in the Florida Main Street Program;
				and,
(b) Local Programs that have
				successfully completed three years of participation in the Florida Main Street
				Program and are currently conducting a program consistent with the Main Street
				Approach.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-37 - MISSION SAN LUIS FACILITIES › Section 1A-37.001 - Mission San Luis-Site Uses

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				provisions. The grounds and facilities of Mission San Luis (Mission) are
				available for visitation and rental. Such visitation and rental activities are
				coordinated by the Friends of Florida History, Inc. (FFH) through a written
				agreement with the Department of State's Division of Historical Resources. The
				FFH 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.
(a) The site uses should be appropriate and
				consistent with the seventeenth-century setting at this historic
				property.
(b) The use of the
				Mission grounds or the rental of Mission facilities should advance public
				knowledge and appreciation of the site.
(c) Mission San Luis is a National Historic
				Landmark, and an important historical and archaeological site. Sites uses must
				be done in a manner consistent with the state policy relative to historic
				properties in sections
				 267.14 and
				 267.061(1),
				F.S. Historical reconstructions at the Mission, including the church, council
				house, Spanish house, friary, kitchen, fort, and any future reconstructions are
				designated museum exhibits. The archaeological sensitivity and historical
				integrity of the site including these reconstructions must be maintained at all
				times.
(d) Smoking is only
				permitted in designated areas in the Visitor Center's balcony, courtyard, and
				parking lot. Otherwise, the entire site is a non-smoking area.
(e) Alcoholic beverages are prohibited on the
				site except as provided in subsections (4) and (5).
(f) 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. Otherwise parking is only permitted
				in the designated visitor parking areas.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					  196.1997 (6),
					 (13),
					 196.1998(3) FS.
					 Law Implemented 196.1997,
					  196.1998 FS.
New 1-31-94, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words and phrases, when used in this chapter,
				  shall have the following meanings, except where the context clearly indicates a
				  different meaning:
(1) "Contributing
				property" means a building, site, structure, or object which adds to the
				historical architectural qualities, historic associations, or archaeological
				values for which a district is significant because:
(a) It was present during the period of
				significance of the district, and possesses historic integrity reflecting its
				character at that time,
(b) Is
				capable of yielding important information about the period, or
(c) It independently meets the National
				Register of Historic Places criteria for evaluation set forth in 36 CFR Part
				60.4, incorporated by reference.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.003 - Application for Exemption

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as
				provided in subsection
				 1A-38.003(2),
				F.A.C., application for the property tax exemption shall be made on the
				three-part Historic Preservation Property Tax Exemption Application, DOS Form
				No. HR3E101292, revised 9-3-00 and incorporated by reference. This form may be
				obtained by writing the Division at: Bureau of Historic Preservation, 500 South
				Bronough Street, Tallahassee, Florida 32399-0250, or from the local historic
				preservation office in the jurisdiction of the local government. Part
				1-Evaluation of Property Eligibility and Part 2-Description of Improvements may
				be submitted before or during construction, or upon completion of the
				improvements; however, property owners are strongly encouraged to submit these
				parts of the application to ensure property eligibility and secure preliminary
				project approval before construction is initiated. Part 3-Request for Review of
				Completed Work shall be submitted upon completion of the improvements. For
				improvements completed before application is made, Part 3-Request for Review of
				Completed Work must accompany the Part 2 submission.
(2) In lieu of DOS Form No. HR3E101292, any
				local government with a local historic preservation office certified pursuant
				to Rule  1A-38.007, FAC., may develop an
				alternative application form for use by property owners within its
				jurisdiction; however, such alternative application form shall:
(a) At a minimum, require the property owner
				to provide the information indicated in DOS Form No. HR3E101292,
(b) Be in the two-part format of DOS Form No.
				HR3E101292; and,
(c) Be approved by
				the Division.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.004 - Evaluation of Property

Current through Reg. 50, No. 138; July 16, 2024
(1) Part
				1-Evaluation of Property Eligibility submitted to the Division for properties
				which have been individually designated as historic properties or landmarks
				under the provisions of a local historic preservation ordinance shall include
				documentation substantiating such designation and describing the historic,
				archaeological or architectural features which provided the basis for
				designation. Acceptable documentation shall include a copy of the designation
				report for the property and official correspondence notifying the property
				owner of designation.
(2) For
				properties located in a historic district listed in the National Register of
				Historic Places, the local historic preservation office or the Division shall
				apply the definitions of contributing and noncontributing properties as set
				forth in subsections  1A-38.002(1) 
				and  1A-38.002(6),
				F.A.C., respectively, to determine whether the property is a contributing
				property.
(3) For properties
				located in a historic district designated by local ordinance, the local
				historic preservation office or the Division shall apply the criteria set forth
				in the local ordinance to determine whether the property is a contributing
				property. If the local ordinance does not include criteria or a process
				sufficient to determine whether the property is a contributing property, the
				local historic preservation office or the Division shall apply the definitions
				of contributing and noncontributing properties as set forth in subsections
				 1A-38.004(1) 
				and  1A-38.002(6),
				F.A.C., respectively, to determine whether the property is a contributing
				property.
(4) For purposes of the
				exemption under Section
				 196.1998, F.S., a property is
				being used for government or nonprofit purposes if the occupant or user of at
				least 65 percent of the useable space of a historic building or of the upland
				component of an archaeological site is an agency of the federal, state or local
				government, or a nonprofit corporation whose articles of incorporation have
				been filed by the Department of State in accordance with section
				 617.0125, F.S.
(5) For purposes of the exemption under
				section  196.1998, F.S., a property is
				considered regularly and frequently open to the public if public access to the
				property is provided not less than 52 days a year on an equitably spaced basis,
				and at other times by appointment. Nothing in this rule shall prohibit the
				owner from charging a reasonable nondiscriminatory admission
				fee.
Rulemaking Authority
					 196.1997(13),
					 196.1998(3) FS.
					 Law Implemented 196.1997,
					 196.1998
					 FS.
New 1-31-94, Amended
					 9-3-00.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.005 - Evaluation of Improvements

Current through Reg. 50, No. 138; July 16, 2024
The local historic preservation office or the Division shall
				  apply the recommended approaches to rehabilitation as set forth in the
				  Secretary of the Interior's Standards for Rehabilitation and Guidelines for
				  Rehabilitating Historic Buildings in evaluating the eligibility of improvements
				  to the historic property. For improvements intended to protect or stabilize
				  severely deteriorated historic properties or archaeological sites, the local
				  historic preservation office or the Division shall apply the following
				  additional standards:
(1) Before
				applying protective measures which are generally of a temporary nature and
				imply future historic preservation work, an analysis of the actual or
				anticipated threats to the property shall be made.
(2) Protective measures shall safeguard the
				physical condition or environment of a property or archaeological site from
				further deterioration or damage caused by weather or other natural, animal or
				human intrusions.
(3) If any
				historic material or architectural features are removed, they shall be properly
				recorded and, if possible, stored for future study or reuse.
(4) Stabilization shall reestablish the
				structural stability of a property through the reinforcement of load bearing
				members or by arresting material deterioration leading to structural failure.
				Stabilization shall also reestablish weather resistant conditions for a
				property.
(5) Stabilization shall
				be accomplished in such a manner that it detracts as little as possible from
				the property's appearance. When reinforcement is required to reestablish
				structural stability, such work shall be concealed wherever possible so as not
				to intrude upon or detract from the aesthetic and historical quality of the
				property, except where concealment would result in the alteration or
				destruction of historically significant material or
				spaces.
Rulemaking Authority
					 196.1997(13),
					 196.1998(3) FS.
					 Law Implemented 196.1997,
					 196.1998
					 FS.
New 1-31-94.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.006 - Covenant

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection
				 1A-38.006(2),
				F.A.C., a property owner qualifying for an exemption pursuant to Sections
				 196.1997 and
				 196.1998, F.S., and the local
				government granting the exemption shall execute the Historic Preservation
				Property Tax Exemption Covenant, DOS Form No. HR3E111292, effective 1-31-94 and
				incorporated by reference. DOS Form No. HR3E111292 may be obtained by writing
				the Division at the address in subsection
				 1A-38.003(1),
				F.A.C. or from the local historic preservation office in the jurisdiction of
				the local government. On or before the effective date of the exemption, as
				established by the applicable local government, the owner of the property shall
				have the Covenant recorded with the deed for the property in the official
				records of the county in which the property is situated.
(2) In lieu of DOS Form No. HR3E111292, any
				local government may develop an alternative form of covenant for use within its
				jurisdiction; however, such alternative form of covenant shall:
(a) At a minimum, bind the parties to
				conditions and requirements equivalent to those set forth in DOS Form No.
				HR3E111292; and,
(b) Be approved by
				the Division.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-38 - TAX EXEMPTIONS FOR HISTORIC PROPERTIES › Section 1A-38.007 - Certification of Local Historic Preservation Office

Current through Reg. 50, No. 138; July 16, 2024
(1) Criteria for certification shall be as
				set forth in sections A and B of the Florida Certified Local Government
				Guidelines (Revised November 1993) promulgated by the Division and incorporated
				by reference. These guidelines may be obtained by writing the Division at the
				address in subsection
				 1A-38.003(1),
				F.A.C.
(2) Existing Certified Local
				Governments shall automatically be designated local historic preservation
				offices for the purposes set forth in Sections
				 168.1997 and
				 168.1998, F.S.
(3) Other local governments requesting
				certification of a local historic preservation office shall apply on the
				Application for Certification, Florida Certified Local Governments Program,
				which is Appendix C to the Florida Certified Local Government
				Guidelines.
(4) Within 45 days
				following receipt of a complete Application for Certification and all required
				supporting material, the Division shall render a written determination
				regarding the application, either approving or denying certification for the
				purposes set forth in sections
				 196.1997 and
				 196.1998, F.S. For denials, the
				Division shall provide the applicant with an explanation, clearly indicating
				the reasons for denial.
(5)
				Certification pursuant to this rule shall remain in effect so long as the local
				government maintains a program which meets the minimum requirements set forth
				in sections A and B of the Florida Certified Local Government
				Guidelines.
Rulemaking Authority
					 196.1997(6) FS.
					 Law Implemented 196.1997,
					 196.1998
					 FS.
New 1-31-94.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.001 - Division of Historical Resources Grant Programs Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this chapter is to
				establish administrative procedures for all Division of Historical Resources
				Historic Preservation Grants-in-Aid programs. Each program is governed by
				guidelines that contain eligibility requirements, application review
				procedures, evaluation and funding criteria, grant administration procedures,
				and application forms. All grant awards are subject to the approval of the
				Secretary of State and subject to availability of funds appropriated by the
				Legislature.
(2) At least 80% of
				each donation made pursuant to Section
				550.0351(2),
				F.S., if any, shall be available for allocation to eligible projects within a
				50-mile radius of the racetrack or fronton which held the Charity Day from
				which the donation is derived. The remaining 20% of each donation may be used
				for eligible projects in other areas of the state.
(3) All grant applicants must meet the
				requirements set forth in the Historic Preservation Grants-in-Aid Small
				Matching Grant Guidelines, effective 07/2024,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16792
,
				Special Category Grant Guidelines, effective 07/2024,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16794
,
				and Abandoned African-American Cemeteries Grant Guidelines, effective 07/2024,
http://www.flrules.org/Gateway/reference.asp?No=Ref-16788
,
				which are available from the Division of Historical Resources (Division) and
				are hereby incorporated by reference.
(a)
				Small Matching Grant Program. The purpose of this program is to provide funding
				to assist local, regional and state-wide efforts to preserve significant
				historic and archaeological resources, and promote knowledge and appreciation
				of the history of Florida. This program does not fund operational support for
				historic preservation organizations.
(b) Special Category Grant Program. The
				purpose of this program is to provide funding to assist major local, regional
				and state-wide efforts to preserve significant historic and archaeological
				resources, to assist major archaeological excavations or research projects, and
				assist in the development and fabrication of major museum exhibits that will
				promote knowledge and appreciation of the history of Florida. The program does
				not fund operational support for historic preservation organizations.
(c) Abandoned African-American Cemeteries
				Grant Program. The purpose of this program is to provide funding to assist
				efforts to protect and preserve abandoned African-American cemeteries in the
				State of Florida.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.002 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.003 - Grant Funding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.004 - Grant Programs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.005 - Non-Allowable Costs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.006 - Match Contributions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.007 - Application Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.008 - Application Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.009 - Grant Award Agreement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.010 - Reporting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.011 - Restrictive Covenants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-39 - HISTORIC PRESERVATION GRANT PROGRAMS › Section 1A-39.012 - Preservation Agreement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.0617(5) FS.
					 Law Implemented 267.0617(2),
					 (3)
					 FS.
New 10-14-09, Repealed
					 4-21-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law
					 Implemented 267.061(3)(m)6. FS.
New 3-28-90, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law
					 Implemented 267.061(3)(m)6. FS.
New 3-28-90, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following words and terms shall have the following
				  meanings:
(1) "Accession" means the
				process of formally adding a newly-acquired artifact to the division's
				permanent collections records and assigning it a unique number.
(2) "Acquire" means the process of agreeing
				to accept an artifact for the permanent collections of the division and taking
				possession of the artifact by any lawful method, including but not limited to
				donation, bequest, purchase, transfer from another agency, staff field
				collection, exchange, archaeological excavation of state-owned lands, or as a
				result of an underwater archaeological salvage or exploration contract,
				pursuant to Chapter 1A-31, F.A.C.
(3) "Agency" means any state, county, or
				municipal officer, department, division, board, bureau, commission, or other
				separate unit of government created or established by law.
(4) "Artifact" means an object or group of
				objects of intrinsic historical, architectural, archaeological, or folk
				cultural value relating to the history, government, or culture of the state of
				Florida.
(5) "Deaccession" means
				the process of formally removing a state-owned artifact from the division's
				permanent collections records.
(6)
				"Disposal" means the process of permanently removing a state-owned artifact
				from the division's permanent collections by one of the following means:
(a) Transferring title to another agency,
				institution, organization, or individual, and moving the artifact to the
				premises of that agency, institution, organization, or individual; or
(b) Properly discarding or destroying the
				artifact, if it has deteriorated or has been damaged beyond usefulness or
				repair.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.004 - Administration of Division's Permanent Collections (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 267.031(1), 267.061(3)(m)6. FS. Law
					 Implemented 267.061(3)(m)6. FS.
New 3-28-90, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.005 - Acquisition Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The division
				delegates responsibility for initial contact with prospective donors or vendors
				to its bureaus. When contacted by a prospective donor or vendor, each bureau
				determines in accordance with subsection  1A-40.004(2), F.A.C. whether the
				offered artifact falls within its or another bureau's area of responsibility.
				If the artifact is more appropriate for the division's permanent collections
				administered by another bureau, the prospective donor or vendor is referred to
				that bureau.
(2) The responsible
				bureau evaluates artifacts and determines whether they should be accepted into
				the division's permanent collections.
(a) The
				process of evaluating each artifact is recorded on an Evaluation Log
				(HR2I360991), herein incorporated by reference.
(b) When the division accepts custody of an
				artifact from a prospective donor or vendor, an Examination Receipt
				(HR2E230889), herein incorporated by reference, is completed.
(c) Evaluation of artifacts is based on the
				following criteria:
1. All acquisitions must
				have intrinsic historical, architectural, archaeological, or folk cultural
				value relating to the history, government, or culture of the state of Florida;
				and,
2. All acquisitions must
				possess potential for research or be useful for exhibition or interpretive
				purposes.
3. In addition to these
				general criteria, the following factors shall be considered when evaluating
				artifacts:
a. Whether the artifacts have been
				carefully examined and evaluated by a division staff member who is
				knowledgeable about them;
b.
				Whether the artifacts have legitimate and clear provenance;
c. Whether the current owner of the artifacts
				has clear title to them and is free to convey them to the division;
d. Whether the division can provide proper
				storage, protection, and preservation for the artifacts, to ensure their
				availability for division purposes; and
e. The artifacts' copyright status, if
				applicable.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.006 - Accessioning Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.115(6) FS.
					 Law Implemented 267.061(3)(m)6. FS.
New 3-28-90, Amended 5-11-92, Repealed
					 4-13-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.007 - Inventory of State-owned Artifacts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1),
					 267.115(6) FS.
					 Law Implemented 267.061(3)(m)6. FS.
New 3-28-90, Amended 5-11-92, Repealed
					 4-13-15.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.008 - Loan of State-owned Artifacts

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The division may make loans of state-owned artifacts for scholarly or
				educational purposes or to assist the division in carrying out its
				responsibility to ensure proper curation of state-owned artifacts.
(2) While the division makes loans primarily
				to not-for-profit agencies, institutions, and organizations, a loan
				occasionally may be made to a for-profit agency, institution, or organization
				when the loan's purpose is consistent with the purposes set out in subsection
				 1A-40.008(1),
				FAC. It is the division's policy not to loan state-owned artifacts for
				decorative or personal use. State-owned artifacts are not loaned to any agency,
				institution, or organization that is or has been under criminal investigation,
				unless the agency, institution, or organization has been cleared of any
				wrongdoing. The division will not loan state-owned artifacts to any agency,
				institution, or organization that plans to offer artifacts for sale during the
				term of the loan.
(3) Whether a
				loan is initiated by the division or is requested by another agency,
				institution, or organization, a written request is submitted to the division,
				in care of the responsible bureau. This request includes the following
				information:
(a) A list of the state-owned
				artifacts requested for loan;
(b) A
				statement of the proposed loan's purpose, including, if applicable, the title
				of the exhibition in which state-owned artifacts will be displayed;
(c) The dates for which the proposed loan of
				state-owned artifacts is requested; and,
(d) If applicable, the manner in which loaned
				state-owned artifacts will be presented in an exhibition and the estimated size
				and composition of the exhibition's audience.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.009 - Deaccession and Disposal of State-owned Artifacts

Current through Reg. 50, No. 138; July 16, 2024
In accordance with the policy set forth in Rule  1A-40.004,
				  F.A.C., all decisions to remove a state-owned artifact from the division's
				  permanent collections by deaccession and disposal are made in a manner that is
				  in the best interests of the public and the artifact.
(1) From time to time, each bureau that is
				responsible for artifacts in the division's permanent collections initiates
				recommendations of state-owned artifacts that should be deaccessioned and the
				method by which the deaccessioned artifacts should be disposed of. A
				Deaccession and Disposal Worksheet (HR2I280889), herein incorporated by
				reference, is completed to document the deaccession and disposal
				process.
(2) The criteria listed
				below are used to determine whether a state-owned artifact may be deaccessioned
				and disposed of:
(a) Deaccessioning and
				disposing of a state-owned artifact may be recommended only if:
1. The artifact is not relevant and useful to
				the functions and activities of the division; and,
2. The artifact cannot be properly stored,
				preserved, or interpreted by the division; and,
3. The artifact has been in the division's
				permanent collections for at least one year (hazardous or actively decomposing
				materials excepted).
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-40 - ADMINISTRATION OF PERMANENT COLLECTIONS › Section 1A-40.010 - Forms and Instructions

Current through Reg. 50, No. 138; July 16, 2024
The following forms are used in the implementation of this
				  chapter and are herein incorporated by reference:
(1) Evaluation Log, HR2I360991, effective
				5-11-92.
(2) Examination Receipt,
				HR2E230889, effective 5-11-92.
(3)
				Deed of Gift, HR2E240889, effective 5-11-92.
(4) Informant Depositor Agreement,
				HR5E140889, effective 5-11-92.
(5)
				Treasure Salvage Division Inventory, HR6E010889, effective 5-11-92.
(6) Missing Artifact Report, HR2E250889,
				effective 5-11-92.
(7) Facilities
				Report, HR2E260889, effective 5-11-92.
(8) Loan Agreement, HR2E270889, effective
				5-11-92.
(9) Deaccession and
				Disposal Worksheet, HR2I280889, effective 5-11-92.
(10) Receipt for Deaccessioned Artifacts,
				HR2E290889, effective 5-11-92.
(11)
				Necessary forms may be obtained from: Bureau of Archaeological Research, R. A.
				Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
				(850)487-2299; Bureau of Florida Folklife Programs, Post Office Box 265, White
				Springs, Florida 32096, (904)821-5480; Bureau of Historic Preservation, R. A.
				Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
				(850)487-2333; and Museum of Florida History, R. A. Gray Building, 500 South
				Bronough Street, Tallahassee, Florida 32399-0250,
				(850)488-1484.
Rulemaking Authority
					 267.031(1),
					 267.115(6) FS.
					 Law Implemented 267.061(3)(m)6. FS.
New 5-11-92.