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 Rules
BILL: SB 118
INTRODUCER: Senator Brodeur and others
SUBJECT: Regulation of Presidential Libraries
DATE: March 11, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Fleming CA Favorable
2. Hunter Yeatman RC Pre-meeting
I. Summary:
SB 118 preempts to the state all regulation of the establishment, maintenance, activities, and
operations of any presidential library within its jurisdiction and defers regulation of such
institutions to the Federal Government.
Presidential libraries are archives and museums that bring together the documents, historical
materials, and artifacts of a United States President during their administration for public use
including preservation, research, and visitation.
1
Under the bill, a local government may not enact or enforce any ordinance, resolution, rule, or
other measure governing a presidential library or impose any requirement or restriction upon
such libraries, except as otherwise authorized by federal law.
The bill defines a presidential library as an institution administered or designated under the
federal Presidential Libraries Act.
The bill takes effect upon becoming a law.
II. Present Situation:
Presidential Libraries
Former United States Presidents and their supporters often seek to build facilities to
commemorate and remember their time in office at the conclusion of a presidency with official
presidential materials.
2
Presidential libraries are archives and museums that bring together the
1
National Archives, About Presidential Libraries, available at https://www.archives.gov/presidential-libraries/about (last
visited Feb. 15, 2025.)
2
Congressional Research Service, Presidential Libraries and Museums, 1 (October 2024) available at
https://crsreports.congress.gov/product/pdf/IF/IF12781 (last visited Feb. 15, 2025)
REVISED: BILL: SB 118 Page 2
documents, historical materials, and artifacts of a President during their administration for public
use including visitation, preservation, research, and discussion.
Presidential libraries and museums, including the holdings of documents and archives, belong to
the American people.
3
Under the Presidential Records Act (PRA)
4
“Presidential records created
on or after January 20, 1981, are subject to the requirements of and are the property of the United
States.”
5
At the end of a presidency, all presidential records and materials are transferred to the
National Archives and Records Administration (NARA). As such, presidential records are the
responsibility of the National Archivist of the United States (Archivist)
6
who must maintain
custody, control, preservation, and access to the records.
7
Originally, presidential records and all historical materials were considered private property, and
presidents could donate any such documents to institutions on their own accord for public
display.
8
However, in 1939 President Franklin Roosevelt donated his personal and presidential
records to the Federal Government, beginning the Presidential library system.
9
In 1955, the U.S. Congress passed the Presidential Libraries Act (PLA) which established a
system of privately constructed and federally maintained libraries.
10
Presidential library lands
and facilities are under the purview of the Archivist. While the PRA requires presidential records
to be archived, and the Act provides a system for establishing presidential libraries, federal law
does not require construction of a new and separate presidential library for each presidency.
11
The PLA allows the Archivist, when it is in the public interest, to accept and take title to land, a
facility, and equipment offered as a gift to the United States for the purpose of creating a
presidential library.
12
The PLA also allows the Archivist to “maintain, operate, and protect the
land, facility, and equipment as a Presidential archival depository
13
and as part of the national
archives system”
14
The Archivist may also “make agreements for land and facilities with a state, political
subdivision, university, institution of higher learning, institute, or foundation or other
3
National Archives, About Presidential Libraries, available at https://www.archives.gov/presidential-libraries/about (last
visited Feb. 15, 2025.)
4
Pub. L. 95–591, 44 U.S.C. §§2201-2209
5
Id.
6
The National Archivist of the United States is the head of the National Archives and Records Administration.
7
Id.
8
Congressional Research Service, Presidential Libraries and Museums, 1 (October 2024) available at
https://crsreports.congress.gov/product/pdf/IF/IF12781 (last visited Feb. 15, 2025)
9
National Archives, Laws and Regulations, available at https://www.archives.gov/presidential-records/laws-and-regulations
(last visited Feb 15, 2025.)
10
Id.
11
Congressional Research Service, Presidential Libraries and Museums, 1 (October 2024) available at
https://crsreports.congress.gov/product/pdf/IF/IF12781 (last visited Feb. 15, 2025)
12
Pub. L. No. 99-323, amending SEC. 3. (a) Section 2112(a) of title 44, United States Code
13
Presidential libraries are referred to as an "archival depository” in the Presidential Libraries Act. The terms are used
interchangeably
14
Id. BILL: SB 118 Page 3
organization to use as a Presidential archival depository, to be made available by it without
transfer of title to the United States.”
15
Additionally, the Archivist is responsible for promulgating architectural and design standards to
ensure the preservation of records, and that the building contains adequate research facilities.
16
This includes federal requirements relating to protection against water damage, security
requirements, humidity ranges, and other federally required construction standards.
17
The Act was substantially amended in 1986.
18
There was a growing concern for the cost of
libraries to taxpayers, and the amendments in 1986 shifted the financial burden from taxpayers to
endowed funds, organizations, and foundations.
19
These private organizations, often referred to
as presidential library foundations, financially support construction and maintenance of the
libraries and financially support exhibitions in the libraries. Each presidential library has a
unique relationship with the presidential foundation that supports the facility through agreements
negotiated with the federal government. Presidential libraries are not constructed with the use of
federal funds but are maintained, staffed, and operated by the national archives.
20
Presidential foundations, the former president, and the Archivist consult on the placement and
hiring of a director for the chosen facility before materials are deposited in the library. However,
the final placement of presidential libraries has historically rested with the former president and
their supporters, and according to the National Archives and Records Administration (NARA),
“Presidents have often acknowledged their origins by placing their Libraries in their hometowns.
However, in some cases Presidents place their Libraries on or near a university campus.”
21
There are 13 presidential libraries in the national archives system, placed in 10 states across the
country. Currently 4 of the 13 libraries are associated with a university system.
22
The map below
depicts the current placement of presidential libraries in the United States.
15
Id.
16
Id.
17
Congressional Research Service, Presidential Libraries and Museums, 2 (October 2024) available at
https://crsreports.congress.gov/product/pdf/IF/IF12781 (last visited Feb. 15, 2025)
18
Pub. L. No. 99-323
19
Congressional Research Service, Presidential Libraries and Museums, supra note at 1.
20
Congressional Research Service, The Presidential Libraries Act and the Establishment of Presidential Libraries, February
2015, available at https://sgp.fas.org/crs/secrecy/R41513.pdf (last visited Feb. 13, 2025)
21
Congressional Research Service, Presidential Libraries and Museums, 2 (October 2024) available at
https://crsreports.congress.gov/product/pdf/IF/IF12781 (last visited Feb. 15, 2025)
22
The NARA system currently includes the library depositories of 13 former Presidents: (1) Herbert Hoover (West Branch,
IA); (2) Franklin D. Roosevelt (Hyde Park, NY); (3) Harry Truman (Independence, MO); (4) Dwight D. Eisenhower
(Abilene, KS); (5) John F. Kennedy (Boston, MA); (6) Lyndon B. Johnson (Austin, TX); (7) Richard Nixon (Yorba Linda,
CA); (8) Gerald Ford (Ann Arbor, MI); (9) Jimmy Carter (Atlanta, GA); (10) Ronald Reagan (Simi Valley, CA); (11) George
H. W. Bush (College Station, TX); (12) Bill Clinton (Little Rock, AR); and (13) George W. Bush (Dallas, TX). It also includes
the collections of former Presidents Barack Obama and Donald Trump. BILL: SB 118 Page 4
Prior to accepting and taking title to any land, facility, or equipment, or prior to entering into any
agreement, including a change, the archivist shall submit a written report on the proposed
presidential library to the President of the United States Senate and the Speaker of the United
States House of Representatives.
23
Congress has a period of 60 days from the day the report is
transmitted to approve or disapprove of a proposed presidential library.
24
President Barack Obama’s Presidential Library has begun construction in Chicago, Illinois, and
is set to open in 2026. The law doesn’t provide a particular timeline for the announcement of the
placement or construction of presidential libraries, so it is unknown where or when libraries may
be established for President Donald Trump or President Joe Biden.
Local Government Authority
The Florida Constitution grants local governments home rule authority. Specifically, non-charter
county governments may exercise those powers of self-government that are provided by general
or special law.
25
Those counties operating under a county charter have all powers of local self-
government not inconsistent with general law or special law approved by the vote of the
electors.
26
Likewise, municipalities have those governmental, corporate, and proprietary powers
23
Id.
24
Id.
25
FLA. CONST. art. VIII, s. 1(f).
26
FLA. CONST. art. VIII, s. 1(g). BILL: SB 118 Page 5
that enable them to conduct municipal government, perform their functions and provide services,
and exercise any power for municipal purposes, except as otherwise provided by law.
27
Other local government entities also have statutory authority to operate in the state as well, and
the term “political subdivision” is defined as all local governments “including counties, cities,
towns, villages, special tax school districts, special road and bridge districts, bridge districts, and
all other districts in the state.”
28
Special districts are separate governmental entities created for a special purpose that have
jurisdiction to operate within a limited geographic boundary.
29
Special districts are created by
general law, special act, local ordinance, or by rule of the Governor and Cabinet.
30
Local Government Approval of Development
All development, both public and private, and all development orders
31
approved by local
governments must be consistent with the local government’s comprehensive plan.
32
The Growth
Management Act requires every city and county to create and implement a comprehensive plan
to guide future development.
33
A comprehensive plan is implemented through the adoption of land development regulations
34
that are consistent with the plan, and which contain specific and detailed provisions necessary to
regulate the subdivision of land and the use of land in the comprehensive plan.
35
Land
development regulations are passed through local ordinances and resolutions that govern the
establishment, and often the maintenance, and operation of certain development as well.
A locality’s comprehensive plan lays out the locations for future public facilities, including
roads, water and sewer facilities, neighborhoods, parks, schools, and commercial and industrial
developments including libraries.
As it relates to the siting of presidential libraries, the PLA allows a political subdivision to make
agreements upon terms and conditions with the federal government, that the Archivist considers
proper, for the use of land or facilities.
36
The PLA also allows for the Archivist to accept land
and facilities in the name of the United States offered as a gift for the use of a presidential
27
FLA. CONST. art. VIII, s. 2(b). See also s. 166.021(1), F.S.
28
Section 1.01(8) F.S.
29
Section 189.012(6), F.S.
30
Id.
31
“Development order” means any order granting, denying, or granting with conditions an application for a development
permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
32
Section 163.3194(3), F.S
33
Section 163.3167(2), F.S.
34
“Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See s.
163.3164(26), F.S.
35
Id.
36
Pub. L. No. 99-323 BILL: SB 118 Page 6
library,
37
which could potentially be incongruous with the comprehensive plan of a local
government. If a local government entered into an agreement with the federal government
regarding siting of a presidential library or the Archivist has accepted land for use as a
presidential library, a comprehensive plan amendment may be necessary. This is because local
development and zoning regulations, including comprehensive plans, do not apply to activities of
the United States government under the Supremacy Clause of the United States Constitution.
38
Local Government Preemption
Local governments have broad authority to legislate on any matter that is not inconsistent with
federal or state law. A local government enactment may be inconsistent with state law if (1) the
Legislature has preempted a particular subject area or (2) the local enactment conflicts with a
state statute. Where state preemption applies, it precludes a local government from exercising
authority in that particular area.
39
Florida law recognizes two types of preemption: express and implied. Express preemption
requires a specific legislative statement; it cannot be implied or inferred.
40
Express preemption of
a field by the Legislature must be accomplished by clear language stating that intent.
41
In cases
where the Legislature expressly or specifically preempts an area, there is no problem with
ascertaining what the Legislature intended.
42
In cases determining the validity of ordinances enacted in the face of state preemption, the effect
has been to find such ordinances null and void.
43
In one case, the court stated that implied
preemption “is actually a decision by the courts to create preemption in the absence of an explicit
legislative directive.”
44
Preemption of a local government enactment is implied only where the
legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and
strong public policy reasons exist for finding preemption.
45
Implied preemption is found where
the local legislation would present the danger of conflict with the state’s pervasive regulatory
scheme.
46
37
Id.
38
U.S. Const. art VI, cl. 2. The Supremacy Clause holds that the Constitution, and the Laws of the United States made under
the Authority of the United States are the supreme law of the land, superseding anything in the constitution or laws in the
states to the contrary, including local government home rule power.
39
See James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis,
Fla. B.J. 92 (June 2009) available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-
preemption-and-conflict-analysis/ (last visited Feb. 13, 2025).
40
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), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla.
2008).
41
Mulligan, 934 So. 2d at 1243.
42
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010). Examples of activities “expressly
preempted to the state” include: operator use of commercial mobile radio services and electronic communications devices in
motor vehicles, s. 316.0075, F.S.; regulation of the use of cameras for enforcing provisions of the Florida Uniform Traffic
Control Law, s. 316.0076, F.S.; and, the adoption of standards and fines related to specified subject areas under the purview
of the Department of Agriculture and Consumer Services, s. 570.07, F.S.
43
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
44
Phantom of Clearwater, Inc., 894 So. 2d at 1019.
45
Id.
46
Sarasota Alliance for Fair Elections, Inc., 28 So. 3d at 886. BILL: SB 118 Page 7
III. Effect of Proposed Changes:
Section 1 creates s. 257.51 F.S., to preempt to the state all regulation of the establishment,
maintenance, activities, and operations of any presidential library within its jurisdiction and
defers regulation of such institutions to the Federal Government.
The bill provides a legislative finding that presidential libraries are unique national institutions
designated to house, preserve, and make accessible the records of former presidents.
The bill defines “presidential library” to mean an institution administered or designated under the
Presidential Libraries Act, as amended, Pub. L. No. 99-323, established for the preservation and
accessibility of presidential records and related historical materials.
The bill’s express preemption states that a county, a municipality, or another political
subdivision of this state may not enact or enforce any ordinance, resolution, rule, or other
measure governing the establishment, maintenance, or operation of a presidential library or
impose any requirement or restriction thereon, except as otherwise authorized by federal law.
Section 2 provides that the bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
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. BILL: SB 118 Page 8
B. Private Sector Impact:
To the extent that this bill may help a presidential library be placed in Florida due to less
local government control on its establishment, the bill could produce positive fiscal
impacts due to construction and tourism.
C. Government Sector Impact:
To the extent that this bill may help a presidential library be placed in Florida local
governments and the state may see an increase in tax collections due to tourism, however
the effect is indeterminate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 257.51 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.