STORAGE NAME: h0069c.SAC
DATE: 3/13/2025
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 #: CS/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
13 Y, 2 N, As CS
State Affairs
16 Y, 7 N
SUMMARY
Effect of the Bill:
The bill prohibits a county, municipality, or other political subdivision of the state from adopting or enforcing any
ordinance, resolution, rule, or policy that prohibits, restricts, regulates, or otherwise limits the establishment,
maintenance, or operation of a presidential library. The bill also prohibits those local governments from imposing
any requirements or restrictions on presidential libraries, except as 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 make accessible the records of former presidents. (Section 1)
The bill prohibits a county, municipality, or other political subdivision of the state from adopting or enforcing any
ordinance, resolution, rule, or policy that prohibits, restricts, regulates, or otherwise limits the establishment,
maintenance, or operation of a presidential library. The bill also prohibits those local governments from imposing
any requirements or restrictions on presidential libraries, except as otherwise authorized by federal law. The bill
defines the term “presidential library” to mean an institution administered or designated under the federal
Presidential Libraries Act established for the preservation and accessibility of presidential records and related
historical materials. (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. In 1938, President Franklin D. Roosevelt advanced the concept of
presidential libraries by proposing a privately built, publicly maintained presidential library.
2
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. at 6-7 JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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In 1955, the Presidential Libraries Act (PLA) was initially passed to preserve and administer the papers and other
historical materials of presidents of the United States.
3 The PLA was created to solidify a system of privately built
and federally maintained libraries to house presidential documents and objects.
4 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.
5
The National Archives and Records Administration (NARA) operates presidential libraries for all of the former
presidents since Herbert Hoover.
6 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.
7 The presidential library system contains collections
of presidential materials and the physical depositories that hold them.
8 Currently, the presidential library system
comprises 15 presidential collections and 13 depositories.
9
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 an
agreement between the NARA 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 Similarly, 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 Florida 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 an 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 advise that
interested parties may appear and speak at the meeting. Municipal ordinances must also be read by title or in full
3
Id at 8.
4
Congressional Research Service, Presidential Libraries and Museums (last visited Feb. 10, 2025).
5
Congressional Research Service, The Presidential Libraries Act and the Establishment of Presidential Libraries, p. 9 (last visited
Feb. 10, 2025).
6
Government Accountability Office, Framework Governing Use of Presidential Library Facilities and Staff (last visited Feb. 10,
2025).
7
44 U.S.C. s. 2112.
8
Congressional Research Service, Presidential Libraries and Museums (last visited Feb. 10, 2025).
9
Id.
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), Fla. Const.; 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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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
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
13 Y, 2 N, As CS 3/6/2025 Darden Burgess
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removes an express preemption of the regulation of president libraries to the
state and revises the types of activities counties, municipalities, or other
political subdivisions of the state are prohibited from engaging in as it relates
to the regulation of presidential libraries.
State Affairs Committee 16 Y, 7 N 3/13/2025 Williamson Burgess
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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15
S. 166.041(3)(a), F.S.
16
Ss. 125.67 and 166.041(2), F.S.