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. STORAGE NAME: h1189.CRG PAGE: 2 DATE: 3/20/2023 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 Id. STORAGE NAME: h1189.CRG PAGE: 3 DATE: 3/20/2023 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 Id. STORAGE NAME: h1189.CRG PAGE: 4 DATE: 3/20/2023 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 DATE: 3/20/2023 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