ART IN PUBLIC PLACES PROGRAM

Jacksonville Ordinance Code tit. V, ch. 118, pt. 6, subpt. B

in effect

Jacksonville Ordinance Code § 118.611 Definitions.

Sec. 118.611. - Definitions. For the purposes of this Part, the following terms shall have the meaning ascribed to them herein: Capital improvement program means and includes the capital improvement programs adopted or approved by the City Council. Construction cost(s) means the estimated cost of vertical construction or alterations of a project or projected component listed within the capital improvement program including engineering, architectural and other design costs. Land acquisition costs, site preparation including remediation and abatement, furniture, fixtures, and equipment costs as well as demolition and any allowance for tree mitigation shall be excluded from the definition of vertical construction costs. Furthermore, the purchase of a building, cost overruns and change-order costs shall not be considered construction costs for the purposes of the funding calculations set forth in this Part. Construction or alterations means new construction, where construction costs are $100,000 or more, and rehabilitation, renovation, remodeling, or improvements (herein collectively "alterations") to existing buildings. Alterations to buildings that are under $100,000 in cost or are primarily "redecorating" and involve no actual structural alterations, shall be excluded. Alterations of a strictly structural or mechanical nature necessary to keep the facility functional, but without altering the aesthetic character of the facility shall be excluded. Examples of this type of alteration would be replacing an air conditioning system or major repairs to a leaking roof or windows. These types of structural items shall be included when part of a larger renovation project involving aesthetic changes to facilities. Public facility means any City-owned or controlled building or facility intended for habitation where public employees work on a regular basis or which the general public uses on a regular basis. Public facility includes, but is not limited to, office buildings, recreation and community centers, libraries, firehouses, police substations, vertical construction within parks and recreation spaces. Public facility specifically excludes water and sewer pump stations, electrical and communications substations and switching houses, and similar unoccupied structures except in designated Urban Art and Streetscaping Areas. Urban Art and Streetscaping Areas are defined as art within the boundaries of the Downtown Community Redevelopment Area, Riverside Avondale Historic District Overlay, San Marco Neighborhood Overlay Zone, and Springfield Historic District Overlay, which have been identified and approved by the Art in Public Places Selection Panel. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.612 Public art standards.

Sec. 118.612. - Public art standards. (a) Public art is a work of art to which the general public has open and easy access and which will enrich and give dimension to the public environment, and which reflects generally accepted community standards of aesthetic appeal and artistic expression in the decorative arts. (b) The goal of the Art in Public Places Committee of the Cultural Council of Greater Jacksonville will be to choose art which is compatible with and which will enhance the architecture and general environment of the City. In some cases, the work will be site specific (i.e., art which is commissioned especially for the specific space and becomes integral to the site). Such art may relate to the function and the users of the facility, to the history or population of its neighborhood and/or may become a part of its architecture. Planning of site-specific works will begin early in the project and may be collaboration between artist and architect. (c) Acceptable forms of public art shall include all visual arts mediums, including, but not limited to, painting, drawing, original prints, mixed media, sculpture, bas relief, mobiles, murals, kinetic art, electronic art, photography, clay, glass, fiber and textiles, as well as art which may be functional (e.g., doors, gates, furniture, flooring and walls). (d) Public art shall not include items that are mass-produced or of standard design. (e) Works shall be created by artists of appropriate status who shall be selected by the means outlined in detail in this Part. Such artists shall generally be recognized by recognized art professionals, as artists of serious intent and recognized ability, and shall not be a member of the project architectural, engineering, or design team or of the Art in Public Places Committee, Art Selection Panel or the Cultural Council Board or their respective staff. (f) Appropriate sites for placement of public art include any outdoor, easily accessible public facility or the interior of public buildings. Appropriate sites for placement of art within public buildings include, but are not limited to, lobbies, foyers, corridors, waiting rooms, conference rooms, plazas, courtyards, transportation facilities, facades, and any other sites without restricted visual or physical public access. Private meeting rooms and offices are examples of inappropriate sites with restricted access. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.613 Art in Public Places Committee.

Sec. 118.613. - Art in Public Places Committee. There is hereby created an Art In Public Places Committee. The Committee will be an 11-member board appointed by the Mayor as follows: two from the Cultural Council of Greater Jacksonville Board of Directors; three from the professions of architecture, interior design, landscape architecture, planning, art professional, or art historian; and six from the community at large as community representatives, each residing within a different planning district whose interests, professions and community activities reflect the diversity of the Jacksonville arts community and of the community at large. All members shall be confirmed by the City Council. Initially one member of each group shall be appointed for three years, one of each shall serve two years and one of each shall serve one year. Thereafter, all terms shall be for three years. No member appointed to the Committee for two consecutive full terms shall be eligible for appointment to the next succeeding term. The Committee shall be responsible for receiving, reviewing, and acting on the recommendations of the Art Selection Panels. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.614 Funding.

Sec. 118.614. - Funding. (a) A percentage of the total allocation ("allocation percentage") (including multi-year phasing) for construction costs of a public facility, as determined by that percentage existing by ordinance at its initial inclusion within the capital improvement program, and as outlined in this Part, shall be appropriated to the Art In Public Places Trust Fund. (b) Funds appropriated to the Art In Public Places Trust Fund shall be used to implement a City-wide plan for the creation and placement of public art as developed and administered by the Cultural Council. (c) Eighty percent of the allocation percentage shall be dedicated to the public art, ten percent of the allocation percentage shall be dedicated to public art maintenance, and up to ten percent of the allocation percentage shall be dedicated to public art administration and community education; provided however, the maintenance and administration allocation percentages shall not apply to appropriations originating from any funds which prohibit expenditures for maintenance and administration. These amounts shall be used at the discretion of the Cultural Council in collaboration with the Finance and Administration Department and any other City department as appropriate for the public art maintenance and administration and community education. (d) The maintenance costs for any installation shall be included in the initial project budget. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.615 Duties.

Sec. 118.615. - Duties. The duties of the Cultural Council are as follows: (a) Create updates to the five-year plan known as the Art in Public Places Program Five Year Plan for Program Development and Implementation. This plan may also be revised from time to time by the Cultural Council. Updates shall be provided to the Mayor and City Council at least six months prior to the expiration of the five-year plan and shall be placed on file with the Legislative Services Division. The updates and revisions to the plan shall be reviewed by City Council and shall not take effect until City Council approval. (b) Review annual City Capital Improvement Projects with appropriate boards, agencies, authorities, and departments and establish a list of eligible projects to include in the program. (c) Develop budgets for public art administration, maintenance, conservation, and community education. (d) Develop an annual plan and budget for public art projects. (e) Develop and oversee policy implementation and administration of the public art program, which may include such things as acceptance of gifts. All gifts, grants and award of monies shall be deposited in the Art in Public Places Trust Fund. (f) Be responsible, in its discretion, for applying for and receiving state, federal and private funds related to public art on behalf of the City through appropriate grant applications, and for the administration thereof. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.616 Art selection panels.

Sec. 118.616. - Art selection panels. The Art in Public Places Committee shall, when deemed appropriate by, and as outlined in, the Art in Public Places Program Five-Year Plan for Program Development and Implementation, form Art Selection Panels to make recommendations to the Committee on the selection of public art. Each Selection Panel will be composed of up to nine members: a Chair, who will be a member of and represent the Art In Public Places Committee; a representative of the site selected for the art (staff or board member); architect or other design professional for the project, if available; two artists, art educators or art professionals; and one to three community representatives, at least one of whom shall reside in the planning district within which the art shall be sited. The artists or arts professional representatives will be selected from a list, maintained by the Committee, of interested and qualified individuals. The Chief Administrative Officer shall select a department representative to provide subject matter expertise and City process guidance, including but not limited to risk management, ADA compliance, and ordinance code compliance. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.617 Art selection; methods.

Sec. 118.617. - Art selection; methods. (a) The Art Selection Panel shall select artists and artwork in one of the following ways: (i) Open competition: Requesting artists' submissions with specifications regarding local, state, regional or national scope. (ii) Limited competition: Inviting a small number of artists to respond with examples of past work or to prepare formal proposals, and selecting a specific artist based on these submissions. (iii) Direct purchase: Purchase of existing work and all rights thereto. (iv) Invitational commission: Selecting a specific artist for direct commission. (b) The Cultural Council and the Art in Public Places Committee shall seek to ensure that at least 15 percent of the artists selected for purchase or commission will be resident(s) in the Greater Jacksonville area, (the counties of Duval, St Johns, Nassau, Clay, and Baker). The Cultural Council and the Art in Public Places Committee will also encourage the selection of regional artists e.g., Florida and the Southeastern United States. (c) All purchases made pursuant to this Section shall be made pursuant to an evaluated bid process created by the Purchasing Division and modified as necessary to accomplish the objectives of this Chapter. A proposal fee and/or travel reimbursement may be offered for the invited artists to cover the cost of the formal proposals at the discretion of the Art in Public Places Committee. The proposal fee and/or travel reimbursement shall be part of the amount funded pursuant to this subpart. Any provisions of this Chapter conflicting with the expressed intent and procurement methodology of the Art In Public Places program are hereby waived. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.618 Ownership; maintenance.

Sec. 118.618. - Ownership; maintenance. (a) The City will own all the rights to the art produced by the Art In Public Places program, subject to the provisions of the Visual Artists Act of 1990. All contracts with artists and all art purchases will require the Artist to waive the following restrictions: (1) Photographic reproduction rights (to be shared by artist and owner); (2) Right to remove/relocate art; (3) Right to repair art in case of emergency; (b) Artist will retain the copyright and the right to be notified if the work is to be destroyed or deaccessioned or radically repaired on a nonemergency basis. (c) City will retain ownership of proposal models or drawings of commissioned art. (d) Maintenance will be the responsibility of the City and will be funded by that portion of the trust fund which is allocated for maintenance and conservation and will be administered in cooperation with the Cultural Council based on a conservation evaluation plan. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.619 Cultural Council responsibility.

Sec. 118.619. - Cultural Council responsibility. The Cultural Council shall administer the Art In Public Places program on behalf of the City. The Cultural Council will provide professional and support staff for the operation of the program and administration of the Art in Public Places Program and the art selection process. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.620 School Board; independent authorities authorized to use program.

Sec. 118.620. - School Board; independent authorities authorized to use program. (a) The City Council hereby urges and requests the Duval County School Board and the independent authorities of the City to adopt Art in Public Places programs. (b) The Duval County School Board and the independent authorities of the City are hereby authorized to utilize any portion of this subpart to implement an Art in Public Places program. (Ord. 2023-20-E, § 4)

Jacksonville Ordinance Code § 118.621 Schedule.

Sec. 118.621. - Schedule. The allocation percentage appropriation created in Section 118.614(a) shall apply as follows: (a) 0.75 percent to any project subject to the provisions of this Subpart and adopted by the City Council. (Ord. 2023-20-E, § 4)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITVADPE_CH118CIGR_PT6CUSEGRARPUPL_SPBARPUPLPRFetched: 10/27/2026