This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h1195.GOS DATE: 1/19/2022 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 1195 Governor's Medal of Freedom SPONSOR(S): Barnaby TIED BILLS: IDEN./SIM. BILLS: SB 1360 REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF 1) Government Operations Subcommittee Roth Toliver 2) State Affairs Committee SUMMARY ANALYSIS The Presidential Medal of Freedom is the highest civilian honor in the United States. Originally, established by Executive Order on July 6, 1945, by President Truman as the “Medal of Freedom,” it enabled secretaries of State, War, or Navy to honor people who had demonstrated notable service during World War II. In 1963, President Kennedy signed a new Executive Order citing the medal as the “Presidential Medal of Freedom,” which a U.S. president can bestow for many types of service and achievements such as security of U.S. interests, world peace, or cultural or other significant public or private endeavors. Most medals go to living people, but posthumous medals are awarded as a way to celebrate those who did not receive recognition during their lifetimes. Since President Kennedy’s time in office, each president has awarded the medal to a number of recipients during the President’s time in office. In 2020, the General Appropriations Act (GAA) proviso language was enacted and approved by the Governor. In order to implement specific appropriations for the “Governor’s Medal of Freedom,” House Bill 5003 (2020) created s. 14.35, F.S., and provided that the Governor may present, in the name of the State of Florida, a medal to be known as the "Governor's Medal of Freedom." The medal must have a suitable inscription and ribbon of appropriate design, and is awarded to any person who has made an especially meritorious contribution to the interests and citizens of Florida, its culture, or other significant public or private endeavor. The expiration of the section was July 1, 2021, however, in 2021, the GAA proviso language reenacted the “Governor’s Medal of Freedom” in Senate Bill 2502 (2021), with an expiration date of July 1, 2022. The bill removes the scheduled expiration date of the Governor’s Medal of Freedom law. There may be an indeterminate but insignificant negative impact on state expenditures. STORAGE NAME: h1195.GOS PAGE: 2 DATE: 1/19/2022 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. EFFECT OF PROPOSED CHANGES: Background Presidential Medal of Freedom The Presidential Medal of Freedom 1 is the highest civilian honor in the United States. 2 Originally, established by Executive Order 3 on July 6, 1945, by President Truman as the “Medal of Freedom,” it enabled secretaries of State, War, or Navy to honor people who had demonstrated notable service during World War II. The first American citizen to receive the award was Anna Rosenberg. She became the regional director of the War Manpower Commission in 1942, and during the last year of World War II, she was a special envoy to Europe for Presidents Franklin D. Roosevelt and Truman. General Dwight D. Eisenhower recommended Rosenberg for the Medal of Freedom based on her service overseas, and she received it from Secretary of War Robert P. Patterson on October 29, 1945. 4 In 1963, President Kennedy signed a new Executive Order 5 citing the medal as the “Presidential Medal of Freedom,” which a U.S. president can bestow for many types of service and achievements such as security of U.S. interests, world peace, or cultural or other significant public or private endeavors. Most medals go to living people, but posthumous medals are awarded as a way to celebrate those who did not receive recognition during their lifetimes. 6 Since President Kennedy’s time in office, each president has awarded the medal to a number of recipients during the President’s time in office. Currently, President Obama holds the record for most medals awarded with 115 medals. 7 Florida Gubernatorial Medals Medal of Heroism The “Medal of Heroism” was created in 2003. 8 The Governor may award a Medal of Heroism to a law enforcement, correctional, or correctional probation officer, a firefighter, an emergency medical technician, or a paramedic. A recipient must have distinguished himself or herself conspicuously by gallantry and intrepidity, must have risked his or her life deliberately above and beyond the call of duty while performing duty in his or her respective position, and must have engaged in hazardous or perilous activities to preserve lives with the knowledge that such activities might result in great personal harm. 9 Governor’s Medal of Merit The “Governor’s Medal of Merit” was created in 2004 10 and can be presented to: 11 Any legal resident of Florida who has rendered exceptional meritorious service to the citizens of this state; 1 The medal is suspended on a blue ribbon, and it incorporates the color scheme found on the presidential seal. Its most visible design element is a white star, upon which is centered a collection of thirteen smaller gold stars arranged on a field of blue. A red pentagon is set behind the white star, and gold eagles bridge the distance between the points of the star. Britannica, Presidential Medal of Freedom, available at https://www.britannica.com/topic/Presidential-Medal-of-Freedom (last visited January 12, 2022). 2 Becky Little, The Presidential Medal of Freedom Began as a World War II Honor, History (February 6, 2020), available at https://www.history.com/news/presidential-medal-freedom-truman (last visited January 12, 2022). 3 Executive Order No. 9586. 4 Becky Little, supra at FN 2. 5 Executive Order No. 11085. 6 Becky Little, supra at FN 2. 7 The Conversation, What Trump’s Picks for the Presidential Medal of Freedom Say About Him (November 18, 2018), available at https://theconversation.com/what-trumps-picks-for-the-presidential-medal-of-freedom-say-about-him-107081 (last visited January 12, 2022). 8 Chapter 2003-51, L.O.F. 9 Section 14.33(1), F.S. 10 Chapter 2004-228, L.O.F. 11 Section 14.34(1), F.S. STORAGE NAME: h1195.GOS PAGE: 3 DATE: 1/19/2022 Any legal resident of Florida who is serving under honorable conditions on active duty as a member of the United States Armed Forces, the Florida National Guard, or the United States Reserve Forces and has rendered exceptional meritorious service to the citizens of this state while on active duty; or Any legal resident of Florida who has been honorably discharged from active duty as a member of the United States Armed Forces, the Florida National Guard, or the United States Reserve Forces and, while on active duty, rendered exceptional meritorious service 12 to the citizens of this state. In the event of the death of an individual who has been chosen to receive the Governor’s Medal of Merit, the medal shall be presented to a designated representative of the chosen recipient. 13 The Governor’s Medal of Merit may only be presented to an individual once. 14 Governor’s Medal of Freedom In 2020, the General Appropriations Act (GAA) proviso language was enacted and approved by the Governor. 15 In order to implement specific appropriations for the “Governor’s Medal of Freedom,” House Bill 5003 (2020) created s. 14.35, F.S., and provided that the Governor may present, in the name of the State of Florida, a medal to be known as the "Governor's Medal of Freedom." The medal must have a suitable inscription and ribbon of appropriate design, and is awarded to any person who has made an especially meritorious contribution to the interests and citizens of Florida, its culture, or other significant public or private endeavor. In the event of the death of an individual who has been chosen to receive the Governor's Medal of Freedom, the medal may be presented to a designated representative of the chosen recipient. The Governor's Medal of Freedom may only be presented to an individual once. The expiration of the section was July 1, 2021. In 2021, the GAA proviso language 16 reenacted the “Governor’s Medal of Freedom” in Senate Bill 2502 (2021), with an expiration date of July 1, 2022. On April 7, 2021, former Florida State University head football coach Bobby Bowden, was awarded the inaugural Governor’s Medal of Freedom from Governor Ron DeSantis. 17 Most recently, Felix I. Rodríguez-Mendigutía was awarded the medal. 18 Rodríguez-Mendigutía received the medal for his dedication to fighting communism and supporting freedom and liberty. 19 Effect of the Bill The bill removes the scheduled expiration date of the Governor’s Medal of Freedom law. The bill also replaces the word “citizens” with the word “residents” when referencing the contribution the medal recipient makes to the people of Florida. Lastly, the bill makes non-substantive changes to the statute. B. SECTION DIRECTORY: Section 1: Amends s. 14.35, F.S., Governor’s Medal of Freedom. Section 2: Provides an effective date of July 1, 2022. 12 The term “exceptional meritorious service” means acts above and beyond the level of duty normally required by that person’s respective military or civilian position. Section 14.34(1)(c), F.S. 13 Section 14.34(2)(a), F.S. 14 Section 14.34(2)(b), F.S. 15 See ch. 2020-111, L.O.F. 16 See ch. 2021-37, L.O.F. 17 Byron Dobson, Gov. DeSantis awards retired FSU football coach Bobby Bowden with Governor's Medal of Freedom, Tallahassee Democrat (April 7, 2021), available at https://www.tallahassee.com/story/news/2021/04/07/desantis-awards-bobby-bowden-florida- medal-freedom/7126164002/ (last visited January 13, 2022). 18 Governor Ron DeSantis Awards Felix Rodríguez with Governor’s Medal of Freedom, flgov.com (September 17, 2021), available at https://www.flgov.com/2021/09/17/governor-ron-desantis-awards-felix-rodriguez-with-governors-medal-of-freedom/ (last visited January 13, 2022). 19 Id. STORAGE NAME: h1195.GOS PAGE: 4 DATE: 1/19/2022 II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: There may be an indeterminate but insignificant negative impact on state expenditures for the creation of medals. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None. D. FISCAL COMMENTS: None. III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: Not applicable. This bill does not appear to affect county or municipal governments. 2. Other: None. B. RULE-MAKING AUTHORITY: There is no rule-making authority nor is there a need for rule-making authority. C. DRAFTING ISSUES OR OTHER COMMENTS: None. IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES Not Applicable.