Florida 2023 2023 Regular Session

Florida Senate Bill S1020 Analysis / Analysis

Filed 03/20/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Military and Veterans Affairs, Space, and Domestic Security  
 
BILL: SB 1020 
INTRODUCER:  Senator Wright 
SUBJECT:  Monuments 
DATE: March 20, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Lloyd Proctor MS Pre-meeting 
2.     AEG   
3.     FP  
 
I. Summary: 
SB 1020 establishes a Florida Space Exploration Monument to recognize the importance of the 
state of Florida, and its past, current, and future contributions, in space exploration; to honor the 
state’s residents for their role in humanity’s most daring journey of space exploration; and to 
honor the contribution of all individuals and their families who have gone unrecognized for their 
contributions to the United States’ achievements in space. The Department of Management 
Services (DMS) is to administer the monument.  
 
The DMS, in consultation with Space Florida, must establish a contest for the monument’s 
design and appoint a selection committee to choose the design. Any competition between 
sculptors or artists for the design must be limited to sculptors and artists domiciled in Florida. By 
July 1, 2024, the DMS must submit its plan for the design, placement, and cost of the memorial.  
 
The bill may have an indeterminate, likely insignificant, negative fiscal impact to the DMS. See 
Section V. Fiscal Impact Statement. 
 
The bill provides an effective date of July 1, 2023. 
II. Present Situation: 
Florida’s Role in Space Exploration 
Florida has a long history connected to space exploration. President Dwight D. Eisenhower 
established the National Aeronautics and Space Administration (NASA) on October 1, 1958. 
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. 
REVISED:   BILL: SB 1020   	Page 2 
 
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 Pilot Edwin “Buzz” 
Aldrin, Jr., landed on the moon, while Command Module Pilot Michael Collins orbited above in 
the command ship, Columbia.
1
 Commemorative medallions were left behind by the Apollo 11 
crew in remembrance of the three astronauts who had lost their lives in the Apollo 1 fire and for 
two cosmonauts who had also died in space-related accidents.
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 
and helped construct the International Space Station. 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
 NASA retired its space shuttle fleet in four locations:  
 Shuttle Atlantis – Kennedy Space Center Visitor Complex (Florida) 
 Shuttle Discovery – Steven F. Udvar-Hazy Center (Virginia) 
 Shuttle Endeavor – California Science Center 
 Shuttle Enterprise – Intrepid Sea, Air & Space Museum (New York)
4
 
 
NASA is working towards returning astronauts to the Moon, including the first woman to the 
moon, continuing the exploration of Mars, and developing new technology to make supersonic 
aircraft fly more quietly.
5
 In the meantime, private sector entrepreneurs are also working with 
NASA to accomplish these goals and more through public sector challenges and awards such as 
the X Prize,
6
 competing for more opportunities in space, both through commercial ventures and 
public sector clients.
7
  
 
Space Florida  
Space Florida was created under the Space Florida Act
8
 as an independent special district, a body 
politic and corporate, and subdivision of state government in 2006 by the Governor and 
Legislature.
9
 Space Florida promotes aerospace business development by facilitating business 
financing, spaceport operations, research and development, workforce development, and 
innovative education programs.
10
 The size and composition of the Board of Directors is 
                                                
1
 NASA and the Space Program Change Florida, Florida Memory, State library and Archives of Florida, available at 
https://www.floridamemory.com/onlineclassroom/nasa/photos/# (Last visited March 3, 2023). 
2
 Apollo 11 Mission Overview, National Aeronautics and Space Administration, available at 
https://www.nasa.gov/mission_pages/apollo/missions/apollo11.html (Last visited March 3, 2023). 
3
 NASA Overview, Space Shuttle Era, available at https://www.nasa.gov/mission_pages/shuttle/flyout/index.html, (Last 
visited March 3, 2023). 
4
 Space Shuttle, Retired Space Shuttle Locations, National Aeronautics and Space Administration, available at 
https://www.nasa.gov/topics/shuttle_station/features/shuttle_map.html, (Last visited March 3, 2023).  
5
 What’s Next for NASA, available at https://www.nasa.gov/about/whats_next.html, (Last visited March 3, 2023). 
6
 The X Prize was offered by the X Prize Foundation and in 2004, Microsoft co-founder and aerospace engineer Burt Rata 
won the $10 million prize for building a spacecraft that could carry three people 100 kilometers above the Earth’s surface. 
See infra note 7. 
7
 See 10 Major Players in the Private Sector Space Race, by Nicholas Gerbis, available at 
https://science.howstuffworks.com/10-major-players-in-private-sector-space-race.htm, (Last visited March 3, 2023). 
8
 Ch. 2006-60, L.O.F.; see ch. 331, F.S 
9
 Section 331.302, F.S. 
10
 Section 331.302, F.S.  BILL: SB 1020   	Page 3 
 
established by statute under s. 331.3081, F.S. A 13 member independent board of directors is 
created consisting of the members appointed to the board of directors of Enterprise Florida, Inc., 
consisting of:  
 
 The Governor, who shall serve ex officio, or appoint a designee to serve, as the chair and 
voting member. 
 Six members appointed by the Governor; 
 Three members appointed by the President of the Senate; and 
 Three members appointed by the Speaker of the House of Representatives. 
 
Members appointed by the Governor are subject to Senate confirmation.
11
  
 
A part of the mission statement of Space Florida is to drive Florida’s economic development 
across the global aerospace enterprise creating high value added businesses and jobs in Florida. 
Additionally, Space Florida seeks to accomplish its other statutory duties to: 
 Create marketing campaigns focused on aerospace businesses which would lead to higher 
retention rates among both the employees and businesses; 
 Coordinate with public and other private entities to develop space tourism marketing plans; 
 Develop financial and technical assistance plans and assemble experts in aerospace 
engineering; and 
 Carry out its responsibilities towards the successful development and operation of the Space 
Florida’s goals.
12,13
 
 
Managing Agency for the Capitol Center 
Section 272.03(1), F.S., provides that the Capitol Center is under the general control and 
supervision of the DMS,
14
 which includes the management and maintenance of both the grounds 
and buildings.
15
 Additionally, the DMS has the authority to provide for the establishment of 
parks, walkways, and parkways on the grounds of the Capitol Center.
16
  The construction and 
placement of monuments or markers
17
 within the Capitol Center is prohibited unless the marker 
has been authorized by general law and the design and placement has been approved by the DMS 
after consideration of recommendations
18
 from the Florida Historical Commission 
(commission).
19
 An area inside the Capitol Center is to be set aside by the DMS and dedicated as 
a memorial garden for future memorials.
20
 
                                                
11
 Sections 331.3081 and 288.901(5)(a)8., F.S. 
12
 About Space Florida, https://www.spaceflorida.gov/about/ (last visited March. 3, 2023). 
13
 Section 331.3051, F.S. 
14
 Section 272.03, F.S. 
15
 Section 272.09, F.S. 
16
 Section 272.07, F.S. 
17
 A “monument” is defined in this section as a permanent structure such as a marker, statute, sculpture, plaque, or other 
artifice, including living plant material placed in remembrance or recognition of a significant person or event in Florida 
history. The definition does include any “Official Florida Historical Marker” as defined in s. 267.021, F.S.; see s. 265.111, 
F.S. 
18
 The Florida Historical Commission is required to provide recommendations to the DMS on the design and placement of 
monuments authorized by general law pursuant to s. 267.0612, F.S. 
19
 Section 265.111(2), F.S. 
20
 Section 265.11, F.S.  BILL: SB 1020   	Page 4 
 
 
Starting December 1, 2022, the DMS must submit an annual Capitol Center maintenance and 
upkeep report for the last completed fiscal year, the current fiscal year, and the upcoming fiscal 
year to the Governor, President of the Senate, and the Speaker of the House of Representatives.
21
  
 
Capitol Complex Monuments 
Monuments constructed on or after July 1, 2014, are required to be placed in the Memorial 
Garden.
22
 To date, the Legislature has designated the following memorials:  
 Florida Women’s Hall of Fame;
23
 
 Florida Medal of Honor Wall;
24
 
 Florida Veterans’ Hall of Fame;
25
 
 The POW-MIA Chair of Honor Memorial;
26
 
 The Florida Veterans’ Walk of Honor;
27
 
 The Florida Veterans’ Memorial Garden;
28
 
 Florida Tourism Hall of Fame;
29
 
 Florida Law Enforcement Hall of Fame;
30
 
 The Florida Holocaust Memorial;
31
 
 The Florida Slavery Memorial;
32
 
 Arthur G. Dozier School for Boys Memorial;
33
  
 Florida Artists Hall of Fame;
34
and 
 POW-MIA Vietnam Veterans Bracelet Memorial.
35
 
 
Division of Historical Resources 
The Division of Historical Resources, within the Department of State, is charged with 
encouraging identification, evaluation, protection, preservation, collection, conservation, and 
interpretation of information about Florida’s historic sites and properties or objects related to 
Florida’s history and culture.
36
 Their efforts include cooperating with, advising and assisting 
federal and state agencies in pursuit of historic preservation.
37
 
                                                
21
 Section 272.09(3), F.S. 
22
 Section 265.111(1), F.S., defines the term “monument” to mean a permanent structure such as a marker, statue, sculpture, 
plaque, or other artifice, including living plant material, placed in remembrance or recognition of significant person or event 
in Florida history. The term does not include any “Official Florida Historical Marker” as defined in s. 267.021, F.S. 
23
 Section 265.001, F.S. 
24
 Section 265.002, F.S. 
25
 Section 265.003, F.S. 
26
 Section 265.00301, F.S. 
27
 Section 265.0031, F.S. 
28
 Id. 
29
 Section 265.004, F.S. 
30
 Section 265.0041, F.S. 
31
 Section 265.005, F.S. 
32
 Section 265.006, F.S. 
33
 Section 265.007, F.S. 
34
 Section 265.2865, F.S. 
35
 Section 265.008, F.S. 
36
 Section 20.10(2)(b), F.S. 
37
 Section 267.031, F.S.  BILL: SB 1020   	Page 5 
 
 
Florida Historical Commission 
The 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.
38
 The 
commission is part of the Department of State and is tasked with advising and assisting the 
Division of Historical Resources in carrying out its programs, duties, and responsibilities.
39
 The 
commission is composed of 11 members of varying backgrounds and interests. Among the 
membership, seven are appointed by the Governor in consultation with the Secretary of State, 
two by the President of the Senate, and two by the Speaker of the House of Representatives.
40
 
 
The commission is required to provide assistance, advice, and recommendations to the Division 
of Historical Resources in a variety of areas. One of those areas involves providing 
recommendations to the DMS on the design and placement of monuments authorized by general 
law to be placed on the premises of the Capitol Complex pursuant to s. 265.111, F.S.
41
 
III. Effect of Proposed Changes: 
Section 1 creates a Florida Space Exploration Monument to recognize: 
 The importance of the state’s role in space exploration;  
 To honor state residents for their role in such a daring journey as space exploration; and 
 To honor the contribution of all individuals and families who have gone unrecognized 
for their impact on the nation’s achievement in space. 
 
The DMS will administer the monument and, in consultation with Space Florida, establish a 
contest for individuals to design the monument. The DMS and Space Florida will appoint a 
selection committee to choose the design. 
 
The DMS must develop a plan, taking into consideration the recommendations of the 
commission
42
 and coordinating with the Division of Historical Resources of the Department of 
State, and a timeline for the design, placement, and cost of the monument within the Capitol 
Complex. The plan must be submitted to the Governor, the President of the Senate, and the 
Speaker of the House of Representatives by July 1, 2024. 
 
Section 2 creates subsection (4) of s. 265.111, F.S., which provides that any competition 
between sculptors or artists for the right to design a monument to be placed at the Capitol 
Complex or any other state building must be limited to individuals who are domiciled in Florida. 
 
Section 3 provides that the bill takes effect July 1, 2023. 
                                                
38
 Chapter 2001-199, L.O.F. 
39
 Section 267.0612, F.S. 
40
 Section 267.0612(1)(a)1., F.S. 
41
 Section 267.0612(9), F.S. 
42
 As required pursuant to ss. 265.111 and 267.0612(9), F.S.  BILL: SB 1020   	Page 6 
 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Not applicable. The bill does not appear to require cities and counties to expend funds or 
limit their authority to raise revenue or receive state-shared revenues as specified by 
section 18 of Article VII of the State Constitution. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
The private sector may be a source of some or all of the funding for the building of the 
monument once a design and placement in the memorial garden is approved.  
C. Government Sector Impact: 
The bill may have an indeterminate, likely insignificant, negative fiscal impact to the 
DMS. The cost of the new monument is indeterminate at this time and ongoing 
maintenance and upkeep of the monument will fall to the DMS once the monument has 
been erected. The bill does not currently contain an appropriation for the monument or 
any maintenance costs. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None.  BILL: SB 1020   	Page 7 
 
VIII. Statutes Affected: 
This bill substantially amends section 265.111 of the Florida Statutes.  
This bill creates section 265.009 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.