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 Fiscal Policy
BILL: CS/CS/SB 592
INTRODUCER: Fiscal Policy Committee; Governmental Oversight and Accountability Committee and
Senator Burgess
SUBJECT: Historical Preservation Programs
DATE: February 23, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Fav/CS
2. Wells Jerrett ATD Favorable
3. Limones-Borja Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 592 creates a partnership between the Department of State (DOS) and the Florida
African American Heritage Preservation Network (FAAHPN). Subject to legislative funding, the
DOS and the FAAHPN will preserve Florida's black and African-American history by
supporting museums, galleries, and archives, and by providing technology, training, and other
technical assistance. The bill requires the FAAHPN to submit a list of member museums to the
DOS. The DOS must then independently verify that such museums are members of the
FAAHPN. This is for purposes of providing funding to support the museums. Additional eligible
expenditures, such as internships and living history presentations, will be determined jointly by
the DOS and the FAAHPN.
The bill takes effect July 1, 2024.
II. Present Situation:
Florida African American Heritage Preservation Network
The Florida African American Heritage Preservation Network (FAAHPN) is a professional
association organized in 2001 by the John Gilmore Riley Center Museum. The FAAHPN serves
as an informational and technical assistance resource in response to a growing interest in
REVISED: BILL: CS/CS/SB 592 Page 2
preserving Florida’s African American culture, that of the African Diaspora and that of other
related ethnically diverse historic resources globally.
1
The FAAHPN provides the following:
Technical assistance to museum and historic preservation professionals;
Content development and management;
Enhancement of organizational resource allocation;
Professional development for staff, board members, and volunteers;
Information technology upgrades through hardware and software integration;
Grant, fundraising and private-funding development training;
Archival research and digitization;
Consultation for obtaining historic designation; and
Creation of living history exhibits and educational products.
2
The following is the history of state funds requested by the Network by fiscal year. The state
funds actually appropriated to the Network are reflected in the final row:
Spending
Category
Description 2020-2021
3
2021-2022
4
2022-2023
5
2023-2024
6
Executive Director
Salary and Benefits
Contract fees to
oversee and
provide ongoing
administrative and
technical
assistance to
network museums.
$73, 000 $58, 200 $116, 400 $116, 400
Expense/
Equipment/Travel/
Supplies/ Other
Office needs,
network field
meeting costs for
workshops, and
on-site technical
assistance.
$7,250 $5,400 $10,000 $10,000
Consultants/
Contracted
Services/Study
Technicians,
specific
subject/skill
consultants
$57,750 $28,800 $26,000 $56,000
Salary and Benefits
for others
Network interns;
stipends paid and
expense
$95,150 $72,800 $142,600 $145,600
1
The Blanchard House Museum, The Network, http://www.blanchardhousemuseum.org/network.html (last visited Jan. 16,
2024).
2
The Florida African American Heritage Preservation Network, About FAAHPN, http://faahpn.com/about-faahpn/ (last
visited Jan. 17, 2024).
3
The Florida Senate, Local Funding Initiative Request Fiscal Year 2020-2021,
https://flsenate.gov/PublishedContent/Session/FiscalYear/FY2020-21/LocalFundingInitiativeRequests/FY2020-
21_S1360.PDF (last visited Jan. 17, 2024).
4
The Florida Senate, Local Funding Initiative Request Fiscal Year 2021-2022,
https://flsenate.gov/PublishedContent/Session/FiscalYear/FY2021-22/LocalFundingInitiativeRequests/FY2021-
22_S1553.PDF (last visited Jan. 17, 2024).
5
The Florida Senate, Local Funding Initiative Request Fiscal Year 2022-2023,
https://flsenate.gov/PublishedContent/Session/FiscalYear/FY2022-23/LocalFundingInitiativeRequests/FY2022-
23_S1931.PDF (last visited Jan. 17, 2024).
6
The Florida Senate, Local Funding Initiative Request Fiscal Year 2023-2024,
https://flsenate.gov/PublishedContent/Session/FiscalYear/FY2023-24/LocalFundingInitiativeRequests/FY2023-
24_S1790.PDF (last visited Jan. 17, 2024). BILL: CS/CS/SB 592 Page 3
Spending
Category
Description 2020-2021
3
2021-2022
4
2022-2023
5
2023-2024
6
allowances to
regular docents
and volunteer
FAAHPN Museum
Directors.
Expense/Equipment
/Travel/Supplies/
Other
Grants; exhibits/
tech/events/
collections;
additional $25,000
increase to fulfill
requests for the
installation of state
historic markers at
eligible museum
locations and
increase in fund
allowances
resulting from two
new network
museums.
$254,850 $207,200 $400,000 $414,400
Consultants/
Contracted
Services/Study
Research; public
relations;
communications;
and marketing
$12,000 $27,600 $25,000 $57,600
Total State Funds Requested
$500,000 $400,000 $720,000 $800,000
Total State Funds Received
$325,000 $720,000 $800,000 $800,000
Florida Historical Resources Act
Chapter 267, F.S., is referred to as the “Florida Historical Resources Act.”
7
This chapter gives
the Division of Historical Resources authority to adopt rules to implement the duties provided for
in ch. 267, F.S.
8
The chapter establishes programs and policies to encourage preservation of
historic resources for the public benefit. Major goals of Florida's historic preservation program
are to identify, register, protect, and preserve significant historical resources which belong to the
public.
9
Division of Historical Resources
The Department of State’s (DOS) Division of Historical Resources (Division) is responsible for
preserving and promoting Florida’s historical, archaeological, and folk culture resources. The
Division Director’s Office oversees a Historic Preservation Grants program to help preserve and
maintain Florida’s historic buildings and archaeological sites and coordinates outreach programs.
The Division Director also serves as the State Historic Preservation Officer, acting as the liaison
with the national historic preservation program conducted by the National Park Service.
10
7
Section 267.011, F.S.
8
Section 267.031, F.S.
9
Department of State, Florida Division of Historical Resources, Laws,
https://dos.fl.gov/historical/archaeology/underwater/laws/#:~:text=Florida%20Historical%20Resources%20Act,land%20and
%20in%20the%20water (last visited Jan. 14, 2024).
10
Florida Department of State, Florida Division of Historical Resources, About, https://dos.myflorida.com/historical/about/
(last visited Jan. 14, 2024). BILL: CS/CS/SB 592 Page 4
The Division is comprised of the following Bureaus:
Bureau of Historic Preservation;
Bureau of Historical Museums; and
Bureau of Archeological Research.
11
Department of State
The DOS, created in s. 20.10, F.S., is composed of six divisions: Elections, Historical Resources,
Corporations, Library and Information Services, Arts and Culture, and Administration. The head
of the DOS is the Secretary of State (Secretary). The Secretary is appointed by and serves at the
pleasure of the Governor, and is confirmed by the Senate. The Secretary performs functions
conferred by the State Constitution upon the custodian of state records.
12
The Secretary also
serves as the state protocol officer and, in consultation with the Governor and other
governmental officials, develops, maintains, publishes, and distributes the state protocol
manual.
13
III. Effect of Proposed Changes:
Section 1 creates a partnership between the DOS and the FAAHPN. Subject to legislative
funding, the DOS and the FAAHPN will preserve the history, culture, and contributions of
Florida’s black and African-American residents. The preservation efforts must include, but are
not limited to the following:
Providing funding to support member museums and affiliates and the institutions served;
Supporting galleries and archives;
Providing funding in the following areas:
o Technology;
o Equipment acquisition; and
o Content and exhibit development, fabrication, and installation;
Preserving documents and artifacts;
Providing processional and resource development services such as conferences and
workshops; and
Providing funding for training and technical assistance.
The section requires the FAAHPN to submit a list of member museums to the DOS. The DOS
must then independently verify that such museums are members of the FAAHPN. This is for
purposes of providing funding to support the museums.
The DOS and the FAAHPN will determine other eligible expenditure’s related to the goal and
mission of the partnership.
Section 2 provides that the bill will take effect on July 1, 2024.
11
Id.
12
Section 20.10(1), F.S.
13
Section 15.01(1), F.S. BILL: CS/CS/SB 592 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
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:
None. The bill directs the Department of State to contract with the FAAHPN if funds are
appropriated for that purpose. However, it should be noted that the Legislature, when
making the appropriation, may direct the expenditure differently than described in this
bill.
C. Government Sector Impact:
The bill is not expected to impact state or local government revenues and expenditures
because no funds are appropriated in this bill.
VI. Technical Deficiencies:
None. BILL: CS/CS/SB 592 Page 6
VII. Related Issues:
If the intent of this bill is to establish “an appropriation that is specifically authorized by statute,”
the language in the bill (“subject to the appropriation of funds by the Legislature…”) may be
deficient. The State Constitution provides “no money shall be drawn from the treasury except in
pursuance of appropriation made by law.”
14
Section 216.011(1)(c), F.S., defines “appropriation”
to mean “a legal authorization to make expenditures for specific purposes within the amounts
authorized by law.” Thus, an appropriation is the legal authority granted by the legislature to
draw money from the treasury.
In its simplest form, the bill requires the Department of State to contract with the Florida African
American Heritage Preservation Network to conduct certain tasks if the department is
appropriated funds for this purpose. This language recognizes that the Legislature must take
another legislative action to authorize the drawing for funds, which could be done without the
authority granted in this bill. The language of the bill is akin to proviso that would typically
attach to a legislative appropriation included in the General Appropriations Act.
VIII. Statutes Affected:
This bill creates section 267.0724 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.)
CS/CS by Fiscal Policy on February 22, 2024:
The committee substitute requires the FAAHPN to submit a list of member museums to
the DOS. The DOS must then independently verify that such museums are members of
the FAAHPN. This is for purposes of providing funding to support the museums.
CS by Governmental Oversight and Accountability on January 22, 2024:
The committee substitute clarifies that the term “department” on line 18 is referring to the
Department of State.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
14
Art. VII, s. 1(1)(c), State Constitution.