Florida 2023 2023 Regular Session

Florida Senate Bill S1020 Analysis / Analysis

Filed 04/17/2023

                    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 Appropriations Committee on Agriculture, Environment, and General 
Government  
BILL: SB 1020 
INTRODUCER:  Senator Wright 
SUBJECT:  Monuments 
DATE: April 17, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Lloyd Proctor MS Favorable 
2. Davis Betta AEG  Pre-meeting 
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; and 
 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 the Capitol Center 
Chapter 272, F.S., provides that the Capitol Center
14
 is under the general control and supervision 
of the Department of Management Services (DMS),
15
 which includes the management and 
maintenance of both the grounds and buildings.
16
 The DMS is authorized to allocate space in the 
specified buildings to house various departments, agencies, boards, and commissions except the 
Supreme Court Building.
17
 Additionally, the DMS has the authority to provide for the 
establishment of parks, walkways, and parkways on the grounds of the Capitol Center.
18
 This 
responsibility has historically included assistance in establishing and maintaining public 
memorials throughout the Capitol Center, including project management oversight of the design 
and construction of memorials.
19
 
 
The term “Capitol Complex” is defined to include:  
 
                                                
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 272.12, 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. 
15
 Section 272.03, F.S. 
16
 Section 272.09, F.S. 
17
 Section 272.04, F.S. 
18
 Section 272.07, F.S. 
19
 See DMS, 2014 Agency Legislative Bill Analysis for SB 608 at 2 (Feb. 19, 2014) (on file with the Senate Appropriations 
Committee).  BILL: SB 1020   	Page 4 
 
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.
20
  
 
The management, maintenance, and upkeep of the Capital Complex is the obligation of the 
DMS, which has authority to employ a superintendent of the grounds and other employees, and 
is authorized to designate or appoint a nonsalaried advisory committee to advise them.
21
 
 
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.”
22
 The DMS is required to set aside an area of the Capitol Complex to dedicate a 
memorial garden on which authorized monuments must be placed.
23
 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
24
, by the following persons: 
 The Governor, or his or her designee. 
 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.
25
 
 
Also, the DMS must coordinate with the Division of Historical Resources of the Department of 
State regarding a monument’s design and placement.
26
 
 
To date, there have been 13 memorials authorized by general law. Of the 13, eight have been 
completed, three have been funded, and two have not been funded. The following chart shows 
each statutorily authorized memorial.
27
 
 
                                                
20
 Section 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. 
21
 Section 272.09, F.S. 
22
 Section 265.111(1), F.S. 
23
 Section 265.111(3), F.S. 
24
 The Florida Historical Commission is required to provide recommendations on the design and placement of monuments 
authorized by general law pursuant to s. 267.0612(9), F.S. 
25
 Section 265.111(2), F.S. 
26
 Id. 
27
 Email from the Deputy Secretary of Business Operations, Office of the Secretary, Department of Management Services, 
RE: Monuments (Mar. 6, 2023).  BILL: SB 1020   	Page 5 
 
Memorial 
Statutory 
Authority 
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 
 
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.
28
 Their efforts include cooperating with, advising and assisting 
federal and state agencies in pursuit of historic preservation.
29
 
 
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.
30
 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.
31
 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.
32
 
 
                                                
28
 Section 20.10(2)(b), F.S. 
29
 Section 267.031, F.S. 
30
 Chapter 2001-199, L.O.F. 
31
 Section 267.0612, F.S. 
32
 Section 267.0612(1)(a)1., F.S.  BILL: SB 1020   	Page 6 
 
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.
33
 
III. Effect of Proposed Changes: 
Section 1 creates a Florida Space Exploration Monument to recognize: 
 The importance of the state’s role, and its past, current, and future contributions 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 bill establishes the Florida Space Exploration Monument and specifies that it is to be 
administered by the DMS. The DMS, in consultation with Space Florida, must 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
34
 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. 
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. 
                                                
33
 Section 267.0612(9), F.S. 
34
 As required pursuant to ss. 265.111 and 267.0612(9), F.S.  BILL: SB 1020   	Page 7 
 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
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 for the cost to develop the plan for the Florida Space Exploration monument. 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: 
The cost to construct the memorial is indeterminate, as the design for the memorial has not been 
completed. As a comparison, the Legislature appropriated $250,000 for the Fallen Firefighter 
Memorial,
35
 $400,000 for the Florida Holocaust Memorial
36
, and $400,000 for the Florida 
Slavery Memorial.
37
 In addition, several other statutorily authorized Capitol Complex memorials 
are administered by direct-support organizations without funding from the state.
38
 
                                                
35
 Specific Appropriation Item 2739A, Ch. 2014-51, L.O.F. 
36
 Specific Appropriation Item 2792, Ch. 2020-111, L.O.F. 
37
 Specific Appropriation Item 2793, Ch. 2020-111, L.O.F. 
38
 Among the statutorily authorized Capitol Complex memorials that are administered without state funds are the Florida 
Veterans’ Walk of Honor (s. 265.0031, F.S.); the Florida Veterans’ Memorial Garden (s. 265.0031, F.S.); and the POW-MIA 
Chair of Honor Memorial (s. 265.00301, F.S.).  BILL: SB 1020   	Page 8 
 
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.