STORAGE NAME: h0069.IAS
DATE: 3/4/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 69
TITLE: Regulation of Presidential Libraries
SPONSOR(S): Andrade
COMPANION BILL: SB 118 (Brodeur)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
State Affairs
SUMMARY
Effect of the Bill:
The bill preempts all regulation concerning the establishment, maintenance, activities, and operations of
presidential libraries to the state and defers regulation to the federal government. The bill prohibits a county,
municipality, or other political subdivision of the state from enacting or enforcing any ordinance, resolution, rule,
or other measure that governs the preempted subjects. The bill also prohibits those governments from imposing
any requirements or restrictions on presidential libraries, except where otherwise authorized by federal law.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides findings that presidential libraries are unique national institutions designated to house, preserve,
and making accessible the records of former presidents. The bill preempts all regulation concerning the
establishment, maintenance, activities, and operations of presidential libraries to the state and defers regulation to
the federal government. (Section 1)
The bill prohibits a county, municipality, or other political subdivision of the state from enacting or enforcing any
ordinance, resolution, rule, or other measure that governs the preempted subjects. The bill also prohibits those
governments from imposing any requirements or restrictions on presidential libraries, except where otherwise
authorized by federal law (Section 1)
The bill provides an effective date of upon becoming a law. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Presidential Libraries
During the early history of the United States, the papers of the president were considered to be personal property
presidents would take with them after they left office.
1 Some early records were donated to the Library of
Congress, while others were lost or destroyed. Through the years, the general public, scholars, and presidents
began to see the need to preserve these records and interest in their conservation increased.
2 President Franklin D.
1
Congressional Research Service, The Presidential Libraries Act and the Establishment of Presidential Libraries, p. 6 (last visited
Feb. 10, 2025). Presidential records created on or after January 20, 1981 are considered property of the United States. 44
U.S.C. ss. 2201-2209.
2
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Roosevelt initiated a more tangible process of archiving documents by advancing the concept of presidential
libraries in 1938, building upon two prototypes (the Rutherford B. Hayes Memorial Library and the Hoover
Institution on War, Revolution, and Peace) to propose a privately built, publicly maintained presidential library.
3
The Presidential Libraries Act (PLA) was initially passed in 1955 to preserve and administer the papers and other
historical materials of Presidents of the United States.
4 The PLA was created to solidify a system of privately built
and federally maintained libraries to house presidential documents and objects.
5 Facing increasing concerns about
the cost of operating the libraries, the PLA was substantially revised in 1986 to shift the cost of ongoing operations
from the taxpayer to endowment funds.
6
The National Archives and Records Administration (NARA) operates presidential libraries for all of the former
presidents since Herbert Hoover.
7 The Archivist of the United States serves as the head of NARA and has the
authority to accept land, facilities, equipment, and gifts for the purpose of creating a presidential archival
depository when the Archivist deems it in the public interest.
8 The presidential library system contains collections
of presidential materials and the physical depositories that hold them.
9 Currently, the presidential library system
comprises fifteen presidential collections (and 13 depositories) documenting Presidents Herbert Hoover through
Donald Trump.
As their presidency concludes, former presidents and their supporters may pursue constructing facilities to
memorialize their terms in office and house presidential artifacts.
10 This occurs by the establishment of a
foundation to raise money for acquiring land and constructing the library. After the library is constructed, NARA
typically takes control of the facility, the land, and the foundation’s operating endowment pursuant to the
agreement between the agency and the foundation.
Ordinances
The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law.
11 Counties operating
under a county charter have all powers of self-government not inconsistent with general law or special law
approved by the vote of the electors.
12 Municipalities have governmental, corporate, and proprietary powers that
enable them to conduct municipal government, perform municipal functions and provide municipal services, and
exercise any power for municipal purposes except when expressly prohibited by law.
13 A local government
enactment may be inconsistent with state law if the State Constitution preempts the subject area, the Legislature
preempts the subject area, or the local enactment conflicts with a state statute.
Local governments exercise their powers by adopting ordinances. The adoption or amendment of a regular
ordinance, other than an ordinance making certain changes to zoning, may be considered at any regular or special
meeting of the local governing body.
14 Notice of the proposed ordinance must be published at least 10 days before
the meeting in a newspaper of general circulation in the area; state the date, time, and location of the meeting, the
title of the proposed ordinance, and locations where the proposed ordinance may be inspected by the public; and
3
Id. at 6-7
4
Id at 8.
5
Congressional Research Service, Presidential Libraries and Museums (last visited Feb. 10, 2025).
6
Congressional Research Service, The Presidential Libraries Act and the Establishment of Presidential Libraries, p. 9 (last visited
Feb. 10, 2025).
7
Government Accountability Office, Framework Governing Use of Presidential Library Facilities and Staff (last visited Feb. 10,
2025).
8
44 U.S.C. s. 2112.
9
Congressional Research Service, Presidential Libraries and Museums (last visited Feb. 10, 2025).
10
Congressional Research Service, Presidential Libraries and Museums (last visited Feb. 10, 2025).
11
Art. VIII, s. 1(f), Fla. Const.
12
Art. VIII, s. 1(g), Fla. Const.
13
Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
14
See ss. 125.66(2)(a), and 166.041, F.S. In addition to general notice requirements, a local government must provide written
notice by mail to all property owners before adopting a zoning change involving less than 10 contiguous acres. Ss.
125.66(4)(a) and 166.041(3)(c)1., F.S. If a zoning change involves 10 or more contiguous acres, the local government must
conduct two public hearings, advertised in a newspaper, before adopting the ordinance. Ss. 125.66(4)(b) and 166.041(3)(c)2.,
F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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advise that interested parties may appear and speak at the meeting. Municipal ordinances must also be read by
title or in full on at least two separate days.
15 Ordinances may only encompass a single subject and may not be
revised or amended solely by reference to the title.
16
Preemption
Preemption refers to principle that a federal or state statute can supersede or supplant state or local law that
stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law.
17
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred.
18 To expressly preempt a subject area, the Legislature must
use clear statutory language stating its intention to do so.
19 Implied preemption occurs when the Legislature has
demonstrated an intent to preempt an area, though not expressly. Florida courts find implied preemption when
“the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong
public policy reasons exist for finding such an area to be preempted by the Legislature.”
20
Where state preemption applies, a local government may not exercise authority in that area.
21 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void.
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BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
Darden Burgess
State Affairs Committee
15
S. 166.041(3)(a), F.S.
16
Ss. 125.67 and 166.041(2), F.S.
17
Preemption Definition, Black’s Law Dictionary (12th ed. 2024).
18
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005).
19
Mulligan, 934 So. 2d at 1243.
20
Tallahassee Mem. Reg. Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, 831 (Fla. 1st DCA 1996).
21
D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
22
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).