This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 5/3/2023
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: HB 5201 PCB SAT 23-01 Capitol Complex
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 2506
FINAL HOUSE FLOOR ACTION: 97 Y’s
13 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
HB 5201 passed the House on May 5, 2023, as SB 2506, as amended by the conference committee.
The bill conforms law to the Fiscal Year 2023-2024 General Appropriation Act (GAA). The GAA contains
funding for the creation of the Memorial Park within the expanded Capitol Complex. See Fiscal Analysis &
Economic Impact Statement.
Chapter 272, F.S., provides that the Capitol Center 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 in the specified buildings to house various
departments, agencies, boards, and commissions except the Supreme Court Building. The Capital Complex is
an area located within the area of the Capitol Center. Section 281.01, F.S., defines the Capitol Complex as the
Capitol Building, the Historic Capitol, Senate Office Building, House Office Building, Knott Building, Pepper
Building, and the Holland Building. The management, maintenance, and upkeep of the Capital Complex is also
the obligation of DMS.
Under current law, 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.”
DMS, in consultation with the Florida Historical Commission, is required to set aside an area of the Capitol
Complex to dedicate a memorial garden on which authorized monuments must be placed. The construction
and placement of a monument on the premises of the Capitol Complex is prohibited unless authorized by the
Legislature in general law.
The bill expands the Capitol Complex to include the Holland Building, the Elliot Building, the R.A. Gray
Building, and their associated parking garages. To effectuate this change, the bill expands the area of the
Capitol Complex to include the state-owned lands and adjacent public streets within an area bounded by and
including Calhoun Street, East Pensacola Street, Monroe Street, Jefferson Street, West Pensacola Street,
Martin Luther King Jr. Boulevard, and Gaines Street. The bill states that the Capitol Complex does not include
the Supreme Court Building or the public streets adjacent thereto.
The bill removes the requirement that DMS, in consultation with the Florida Historical Commission, dedicate a
memorial garden. Instead, the bill requires DMS to set aside and dedicate an area of the Capitol Complex to
be known as “Memorial Park”, where authorized monuments will be placed. The bill defines “Memorial Park” as
the portion of the Capitol Complex existing between and including the Elliot Building and the Holland Building
within an area bounded by and including Monroe Street, Gaines Street, Calhoun Street, and East Pensacola
Street.
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2023.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Background
Capitol Center and Capitol Complex
Chapter 272, F.S., provides that the Capitol Center
1
is under the general control and supervision of the
Department of Management Services (DMS),
2
which includes the management and maintenance of
both the grounds and buildings.
3
DMS is authorized to allocate space in the specified buildings to
house various departments, agencies, boards, and commissions except the Supreme Court Building.
4
Additionally, DMS has the authority to provide for the establishment of parks, walkways, and parkways
on the grounds of the Capitol Center.
5
This responsibility has historically included assistance in
establishing and maintaining public memorials throughout the Capitol Center, including project
management, and oversight of the design and construction of memorials.
6
The term “Capitol Complex” is defined to include:
that portion of Tallahassee, Leon County, Florida, commonly referred to as the Capitol,
the Historic Capitol, the Senate Office Building, the House Office Building, the Knott
Building, the Pepper Building, the Holland Building, and the curtilage of each, including
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. The
term shall also include the State Capital Circle Office Complex located in Leon County,
Florida.
7
DMS is responsible for the management, maintenance, and upkeep of the Capital Complex and has
authority to employ a superintendent of the grounds and other employees, and to designate or appoint
a nonsalaried advisory committee to advise them.
8
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.”
9
DMS is required to set aside an area of the Capitol Complex to dedicate a memorial garden on which
authorized monuments must be placed.
10
The construction and placement of a monument on the
premises of the Capitol Complex is prohibited unless authorized by general law. Additionally, the
construction and placement of a monument on the premises of the Capitol Complex must be approved,
after considering the recommendations of DMS and the Florida Historical Commission
11
, by the:
The Governor, or his or her designee.
1
Section 272.12, F.S., defines the Capitol Center as the 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.
2
S. 272.03, F.S
3
S. 272.09, F.S.
4
S. 727.04, F.S.
5
S. 272.07, F.S
6
Department of Management Services, Agency Analysis of 2014 Senate Bill 608, p. 2 (Feb. 19, 2014).
7
S. 281.01, F.S. The Caldwell Building lies within the bounded area described in current law, but is not specifically named in statutes
and therefore not considered as part of the Capitol Complex.
8
S. 272.09, F.S.
9
S. 265.111(1), F.S.
10
S. 265.111(3), F.S.
11
Section 267.0612(9), F.S. requires the Florida Historical Commission to provide on the design and placement of monuments to be
placed on the premises of the Capitol Complex.
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The Attorney General, or his or her designee.
The Chief Financial Officer, or his or her designee.
The Commissioner of Agriculture, or his or her designee.
The President of the Senate, or his or her designee.
The Speaker of the House of Representatives, or his or her designee.
12
To date, there have been 13 memorials authorized in Florida Statute. Of the 13, eight have been
completed, two have been funded and are in the design stage, and three have not been funded or
completed. The following chart shows each statutorily authorized memorial.
13
Effect of Proposed Changes
The bill amends ss. 272.09, 281.01, and 943.60 F.S., to add the Holland Building, the Elliot Building,
the R.A. Gray Building, and their associated parking garages to the Capitol Complex. To effectuate this
change, the bill expands the area of the Capitol Complex to include the state-owned lands within an
area bounded by and including Calhoun Street, East Pensacola Street, Monroe Street, Jefferson
Street, West Pensacola Street, Martin Luther King Jr. Boulevard, and Gaines Street. The bill states that
the Capitol Complex does not include the Supreme Court Building or the public streets adjacent
thereto.
The bill removes the requirement that DMS, in consultation with the Florida Historical Commission,
dedicate a memorial garden. Instead, the bill requires DMS to set aside and dedicate an area of the
Capitol Complex to be known as “Memorial Park”, where authorized monuments will be placed. The bill
defines “Memorial Park” as the portion of the Capitol Complex existing between and including the Elliot
12
S. 265.111(2), F.S.
13
Email from Patrick Gillespie, Deputy Secretary of Business Operations, Department of Management Services, RE: Monuments
(Mar. 6, 2023).
Memorial
Current Status
of Statutory
Authority (F.S.)
Funded
Y/N
Year
Authorized Status
Florida Women’s Hall of Fame 265.001 Y 1992 Completed
Florida Medal of Honor Wall 265.002 Y 1996 Completed
Florida Veterans’ Hall of Fame 265.003 Y 2011 Completed
POW-MIA Chair of Honor Memorial 265.00301 Y 2014 Completed-2022
Florida Veterans’ Walk of Honor
and Florida Veterans’ Memorial
Garden 265.0031 N 2014 TBD
Florida Tourism Hall of Fame 265.004 Y 2014 Completed
Florida Law Enforcement Officers’
Hall of Fame 265.0041 Y 2014 Completed
Florida Holocaust Memorial 265.005 Y 2016 In Design
Florida Slavery Memorial 265.006 Y 2018 In Design
Arthur G. Dozier School for Boys
Memorial (Dozier School,
Marianna) 265.007 Y 2017 Completed-2023
Arthur G. Dozier School for Boys
Memorial (Florida Capitol) 265.007 Y 2017 Designed
POW-MIA Vietnam Veterans
Bracelet Memorial 265.008 Y 2021 Completed-2021
Beirut Monument 265.111 N 2014 TBD
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Building and the Holland Building within an area bounded by and including Monroe Street, Gaines
Street, Calhoun Street, and East Pensacola Street.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The Fiscal Year 2023-2024 General Appropriations Act (GAA) provides $2.0 million from the
Architects Incidental Trust Fund to DMS for the design and development of the Memorial Park. The
proviso states that the funds are contingent upon this bill or similar legislation becoming law.
Further, the funds shall be placed in reserve. DMS is authorized to submit budget amendments to
request release of funds. Release is contingent upon the submission of a plan to the Governor, the
President of the Senate, and the Speaker of the House of Representatives that specifies the
design, layout, placement of monuments, and other enhancements within Memorial Park.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.