Florida 2023 2023 Regular Session

Florida House Bill H1189 Analysis / Analysis

Filed 03/20/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1189.CRG 
DATE: 3/20/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1189    Monuments 
SPONSOR(S): Salzman 
TIED BILLS:   IDEN./SIM. BILLS: SB 1020 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Constitutional Rights, Rule of Law & 
Government Operations Subcommittee 
 	Wagoner Miller 
2) State Administration & Technology 
Appropriations Subcommittee 
   
3) State Affairs Committee    
SUMMARY ANALYSIS 
The Capitol Complex in Tallahassee includes the Capitol Building, the Historic Capitol, Senate Office Building, 
House Office Building, Knott Building, Pepper Building, and the Holland Building. The Capitol Complex is under 
the general control and supervision of the Department of Management Services (DMS), which includes the 
management and maintenance of both the grounds and buildings. DMS is authorized to allocate space to 
house various departments, agencies, boards, and commissions in state buildings other than the Supreme 
Court Building.  
 
DMS is required to set aside an area of the Capitol Complex which authorizes where monuments must be 
placed. The construction and placement of a monument on the premises of the Capitol Complex is prohibited 
unless authorized by law. DMS must coordinate with the Division of Historical Resources of the Department of 
State regarding a monument’s design and placement. 
 
The bill establishes a Florida Space Exploration Monument to recognize the importance of the role of the state 
of Florida, and its past, current, and future contributions to space exploration, and directs DMS to administer 
the monument. DMS, in consultation with Space Florida, is required to establish a contest for individuals to 
submit designs for the monument and must appoint a selection committee to choose the design. Sculptors and 
artists competing for the design of the monument must be domiciled in Florida. DMS is required to develop a 
plan for the design, cost, creation and the proper placement of the monument on the premises of the Capitol 
Complex.  
 
Under the bill DMS may incur indeterminate costs. See Fiscal Comments.  
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FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Florida’s Role in Space Exploration 
The state of Florida has a long history connected to space exploration. Congress established the 
National Aeronautics and Space Administration (NASA) on October 1, 1958.
1
 Project Mercury was the 
first human spaceflight program of the United States. The goals of the program were to place a manned 
spacecraft in orbit around Earth, investigate man’s performance capabilities and ability to function in 
space, and recover both man and spacecraft safely. Alan B. Shepard, Jr., was America’s first man in 
space, launched in 1961 from Cape Canaveral, Florida. After consideration, Cape Canaveral was 
chosen by NASA in 1961 as the space launch center for the Apollo program, which was tasked with 
putting a human on the moon. On July 20, 1969, Apollo 11, commanded by Neil Armstrong, along with 
Lunar Module Plot Edwin “Buzz” Aldrin, Jr., landed on the moon, while Command Module Pilot Michael 
Collins orbited above in the command ship, Columbia.
2
 
 
Between the first launch on April 12, 1981, and the final landing on July 21, 2011, NASA's space shuttle 
fleet, Columbia, Challenger, Discovery, Atlantis, and Endeavour, flew 135 missions, launched, 
recovered, and repaired satellites, conducted cutting-edge research, and helped construct the 
International Space Station. From the launch of the first space shuttle, NASA continued to set high 
marks of achievement and endurance through 30 years of missions. The final space shuttle mission, 
STS-135, ended July 21, 2011, when Atlantis rolled to a stop at its home port, NASA's Kennedy Space 
Center.
3
 
 
While NASA is working towards returning astronauts to the Moon, continuing the exploration of Mars, 
and developing new technology to make supersonic aircraft fly longer and faster,
4
 private sector 
entrepreneurs are looking for opportunities in space.
5
 
 
Space Florida  
Space Florida was created under the Space Florida Act
6
 as an independent special district, a body 
politic and corporate and subdivision of state government in 2006.
7
 Space Florida is directed to 
promote aerospace business development by facilitating business financing, spaceport operations, 
research and development, workforce development, and innovative education programs.
8
 Space 
Florida is governed by a 13 member independent board of directors, consisting of members of the 
board of Enterprise Florida, Inc., appointed by the Governor, the President of the Senate, and the 
                                                
1
 National Aeronautics and Space Act of 1958 (Pub. L. 85-568). The Act converted the National Advisory Committee for 
Aeronautics (NACA), created in 1915, into NASA. From 1915 to 1958, NACA was instrumental in many developments and 
advancements in flight for the United States. For example, NACA research was key to the development of the laminar 
flow wing that led to the development of one of the premier air superiority fighters of the Second World War, the P-51 
Mustang. See at https://www.nasa.gov/ames/the-national-advisory-committee-for-aeronautics,  
https://history.nasa.gov/naca/overview.html, and https://www.britannica.com/technology/P-51 (all last visited March 10, 
2023). 
2
 NASA and the Space Program Change Florida, Florida Memory, State library and Archives of Florida. 
https://www.floridamemory.com/onlineclassroom/nasa/photos/# (last visited March 10, 2023). 
3
 NASA Overview, Space Shuttle Era, https://www.nasa.gov/mission_pages/shuttle/flyout/index.html, (last visited March 
10, 2023). 
4
 What’s Next for NASA; https://www.nasa.gov/about/whats_next.html, (last visited March 10, 2023). 
5
 See 10 Major Players in the Private Sector Space Race, by Nicholas Gerbis; https://science.howstuffworks.com/10-
major-players-in-private-sector-space-race.htm, (last visited March 10, 2023). 
6
 Ch. 2006-60, Laws of Fla.; See ch. 331, F.S 
7
 S. 331.302, F.S. 
8
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Speaker of the House of Representatives, and the Governor serves ex officio or appoints a designee to 
serve as the chair and voting member.
9
 The vision of Space Florida is where “Florida is the leading 
global and interplanetary center for sustainable aerospace commerce.”
10
 
 
Managing the Capitol Center 
 
The Capitol Complex
11
 is under the general control and supervision of the Department of Management 
Services (DMS),
12
 which includes the management and maintenance of both the grounds and 
buildings.
13
 DMS authorized to establish parks, walkways, and parkways on the grounds of the Capitol 
Center.
14
 This responsibility historically includes assistance in establishing and maintaining public 
memorials throughout the Capitol Center, providing project management oversight of the design and 
construction of memorials.
15
 After an entity is assigned a designated space within the Capitol Center for 
an exhibit, the entity is the manager of the exhibit's content and display, in consultation with DMS.
16
 
 
The term “Capitol Complex” is defined to include the Capitol, the Historic Capitol, the Senate Office 
Building, the House Office Building, the Knott Building, the Pepper Building, the Holland Building, and 
the state-owned lands and public streets adjacent thereto within an area bounded by and including 
Monroe Street, Jefferson Street, Duval Street, and Gaines Street in Tallahassee.
17
 DMS is responsible 
for the management, maintenance, and upkeep of the Capital Complex, is authorized to employ a 
superintendent of the grounds and other employees, and may designate or appoint a nonsalaried 
advisory committee to advise  the superintendent and employees.
18
 DMS may allocate space to house 
various departments, agencies, boards, and commissions in state buildings except in the Supreme 
Court Building.
19
  
 
Capitol Complex Monuments  
 
A monument is defined as “a marker, statue, sculpture, plaque, or other artifice, including living plant 
material, placed in remembrance or recognition of a significant person or event in Florida history.”
20
 
DMS is required to set aside an area of the Capitol Complex to dedicate a memorial garden on which 
authorized monuments must be placed.
21
 The construction and placement of a monument on the 
premises of the Capitol Complex is prohibited unless authorized by general law and unless the design 
and placement of the monument is approved by DMS after considering the recommendations
22
 of the 
Florida Historical Commission.
23
 Additionally, DMS must coordinate with the Division of Historical 
Resources of the Department of State (Division) regarding a monument’s design and placement.
24
 
 
Division of Historical Resources 
The Division is charged with encouraging identification, evaluation, protection, preservation, collection, 
conservation, and interpretation of information about Florida’s historic sites and properties or objects 
                                                
9
 S. 331.3081, F.S. 
10
 About Space Florida, www.spaceflorida.gov/about/ (last visited March 10, 2023).  
11
 S. 272.12, F.S., describes the Tallahassee area bound by South Martin Luther King, Jr. Boulevard, East and West 
College Avenue, Franklin Boulevard, East Jefferson Street, and the Seaboard Coastline Railway right-of-way as the 
Capitol Center. 
12
 S. 272.03, F.S 
13
 S. 272.09, F.S. 
14
 S. 272.07, F.S 
15
 Department of Management Services, Senate Bill 608 Agency Analysis (February 19, 2014). 
16
 Id. 
17
 S. 281.01, F.S. The Complex also includes the State Capital Circle Office Complex located in Leon County, Florida. 
18
 S. 272.09, F.S. 
19
 S. 272.04, F.S. 
20
 S. 265.111(1), F.S. 
21
 S. 265.111(3), F.S. 
22
 The Florida Historical Commission is required to provide recommendations to DMS on the design and placement of 
monuments authorized by general law pursuant to s. 267.0612(9), F.S. 
23
 S. 265.111(2), F.S. 
24
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related to Florida’s history and culture.
25
 This includes cooperating with, advising, and assisting federal 
and state agencies in pursuit of historic preservation.
26
 
 
Florida Historical Commission 
The Florida Historical Commission (Commission) was established in 2001 to enhance public 
participation and involvement in the preservation and protection of the state's historic and 
archaeological sites and properties.
27
 The Commission is part of the Department of State and is tasked 
with advising and assisting the Division in carrying out its programs, duties, and responsibilities.
28
  
 
The Commission is required to provide assistance, advice, and recommendations to the Division in a 
variety of areas, including providing recommendations to DMS on the design of monuments authorized 
by general law and placement on the premises of the Capitol Complex.
29
 
 
Effect of Proposed Changes 
 
The bill creates a “Florida Space Exploration Monument.” DMS will consult with Space Florida to 
establish a contest for individuals seeking to submit a design for the monument. only those artists and 
sculptors domiciled in Florida may submit designs. DMS and Space Florida are required to appoint a 
selection committee to select the design of the monument.  
 
DMS must develop a plan for the design, placement, and cost of the monument. The plan must include 
the designation of the appropriate public area on the premises of the Capitol Complex. DMS must 
consider the recommendations of the Commission and coordinate with the Division.  
 
B. SECTION DIRECTORY: 
Section 1 creates s. 265.009, F.S. relating to the “Florida Space Exploration Monument. 
 
Section 2 amends s. 265.111, F.S. relating to Capitol Complex monuments. 
 
Section 3 provides an effective date of July 1, 2023.  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
See Fiscal Comments.  
 
 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
Not applicable. 
 
                                                
25
 S. 20.1(2)(b), F.S. 
26
 S. 267.031, F.S. 
27
 Chapter 2001-199, L.O.F. 
28
 S. 267.0612, F.S. 
29
 S. 267.0612(9), F.S. See s. 265.111, F.S.  STORAGE NAME: h1189.CRG 	PAGE: 5 
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2. Expenditures: 
Not Applicable. This bill does not appear to affect county or municipal governments. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
Under the bill, the cost to construct the monument is indeterminate. DMS is required to report the costs 
and plan information to the Governor, the President of the Senate, and the Speaker of the House by 
July 1, 2024.   
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditures of funds; reduce the authority that counties or municipalities have 
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities. 
 
 2. Other: 
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill outlines the requirements and duties of DMS clearly and succinctly. To the extent necessary, 
DMS is authorized to adopt implementing rules. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES