HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 5301 PCB SAT 22-01 Capitol Center
SPONSOR(S): State Administration & Technology Appropriations Subcommittee, Stevenson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: State Administration & Technology 14 Y, 0 N Helpling Topp
Appropriations Subcommittee
1) Appropriations Committee 27 Y, 0 N Helpling Pridgeon
SUMMARY ANALYSIS
Chapter 272, F.S., provides that the Capitol Center is under the general control and supervision of the
Department of Management Services (DMS), which includes the management and maintenance of both the
grounds and buildings. The management, maintenance, and upkeep of the Capital Complex is also the
obligation of DMS. Section 281.01, F.S., defines the Capitol Complex as the Capitol Building, the Historic
Capitol, Senate Office Building, House Office Building, Knott Building, Pepper Building, and the Holland
Building. DMS is authorized to allocate space to house various departments, agencies, boards, and
commissions except the Supreme Court Building. However, there is no statutory authority allowing DMS to
close the Capitol Center, or any other DMS managed buildings, to the public during a declared state of
emergency.
DMS is required to set aside an area of the Capitol Center to dedicate a memorial garden on which authorized
monuments must be placed. The construction and placement of a monument on the premises of the Capitol
Complex is prohibited unless authorized by general law and unless the design and placement of the monument
is approved by DMS after considering the recommendations of the Florida Historical Commission.
The bill requires DMS to:
Consult with the Governor, the President of the Senate, and the Speaker of the House of
Representatives before closing or reopening buildings within the Capitol Center during and after a state
of emergency.
Submit a Capitol Center maintenance and upkeep report by December 1, 2022, and annually thereafter
to the Governor, President of the Senate, and the Speaker of the House of Representatives.
Consult with by the Governor, Attorney General, Chief Financial Officer, Commissioner of Agriculture,
President of the Senate, and Speaker of the House of Representatives, prior to implementing a change
in design or functional use of the Capitol Complex and before constructing and placing a monument on
the premises of the Capitol Center.
The bill conforms to the proposed House of Representatives’ Fiscal Year 2022-2023 General Appropriation Act
(GAA). Since Fiscal Year 2016-2017, DMS has been provided a total of $178.9 million for major repairs,
maintenance, and renovation of the Capitol Complex. The GAA contains funds for the continued renovation
and maintenance of the Capitol Building and grounds. See Fiscal Comments.
The bill is effective July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h5301a.APC
DATE: 2/9/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Managing the Capitol Center
Chapter 272, F.S., provides that the Capitol Center 1 is under the general control and supervision of the
Department of Management Services (DMS),2 which includes the management and maintenance of
both the grounds and buildings.3 Additionally, DMS has the authority to provide for the establishment of
parks, walkways, and parkways on the grounds of the Capitol Center. 4 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. 5 After an
entity is assigned a designated space within the Capitol Center for an exhibit, the entity is the manager
of the exhibit's content and display, in consultation with DMS. 6
The term “Capitol Complex” is defined to include:
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. 7
The management, maintenance, and upkeep of the Capital Complex is the obligation of DMS, which
has authority to employee a superintendent of the grounds and other employees, and is authorized to
designate or appoint a nonsalaried advisory committee to advise them. 8
DMS is authorized to allocate space to house various departments, agencies, boards, and
commissions except the Supreme Court Building.9 However, there is no statutory authority allowing
DMS to close the Capitol Center, or any other DMS managed buildings, to the public during a declared
state of emergency.
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.” 10
DMS is required to set aside an area of the Capitol Complex to dedicate a memorial garden on which
authorized monuments must be placed.11 The construction and placement of a monument on the
premises of the Capitol Complex is prohibited unless authorized by general law and unless the design
1 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.
2 S. 272.03, F.S
3 S. 272.09, F.S.
4 S. 272.07, F.S
5 Department of Management Services, Senate Bill 608 Agency Analysis (February 19, 2014). The analysis is on file with
Sate Administration & Technology Appropriations Subcommittee staff.
6 Id.
7 S. 281.01, F.S.
8 S. 272.09, F.S.
9 S. 272.04, F.S.
10 S. 265.111(1), F.S.
11 S. 265.111(3), F.S.
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and placement of the monument is approved by DMS after considering the recommendations 12 of the
Florida Historical Commission.13 Additionally, DMS must coordinate with the Division of Historical
Resources of the Department of State regarding a monument’s design and placement.14
Effects of the Bill
Maintenance and Management
The bill amends s. 272.09, F.S., to require DMS to submit a Capitol Center maintenance and upkeep
report by December 1, 2022, and annually thereafter to the Governor, the President of the Senate, and
the Speaker of the House of Representatives. The report must describe the Capitol Center
maintenance and repairs provided in the prior year and planned for the upcoming year and must
include the costs of prior repairs and cost estimates for future repairs. Additionally, the report should
describe any necessary structural modifications, security improvements, and major repairs to the
buildings and grounds.
The bill amends s. 272.04, F.S., to require DMS to consult with the Governor, the President of the
Senate, and the Speaker of the House of Representatives before closing buildings within the Capitol
Center during a state of emergency declared pursuant to s. 252.36, F.S. Additionally, if buildings within
the Capitol Center are closed, DMS is required to consult with the Governor, the President of the
Senate, and the Speaker of the House of Representatives before reopening buildings.
Additionally, the bill specifies that any facilities project within the Capitol Complex that requires a
change in design or functional use of the Capitol Complex must be developed in consultation with, and
may not be implemented, changed, or amended unless approved 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.
Capitol Complex Monuments
The bill amends s. 265.111, F.S., to require the construction and placement of a monument on the
premises of the Capitol Complex is approved, after considering the recommendations of DMS and the
Florida Historical Commission, 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.
The bill amends s. 267.0612, F.S., to specify that the Florida Historical Commission shall make
recommendations on design and placement of monuments authorized by law to be placed on the
premises of the Capitol Complex to the Governor, the Attorney General, the Chief Financial Officer, the
Commissioner of Agriculture, the President of the Senate, and the Speaker of the House of
Representatives.
B. SECTION DIRECTORY:
12 The Florida Historical Commission is required to provide recommendations to DMS on the design and placement of
monuments authorized by general law pursuant to s. 267.0612(9), F.S.
13 S. 265.111(2), F.S.
14 Id.
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Section 1. amends s. 265.111, F.S., relating to Capitol Complex monuments.
Section 2. amends s. 267.0612, F.S., modifying recommendations of the Florida Historical Commission.
Section 3. amends s. 272.04, F.S., relating to closure of the Capitol Complex buildings.
Section 4. amends s. 272.09, F.S., requiring DMS to submit a report.
Section 5. provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill requires DMS to produce an annual Capitol Center Maintenance and Upkeep Report by
December 1, 2022, and annually thereafter related to funding needed for the Capital Center repairs and
maintenance. The report will allow the Governor and the Legislature to have improved oversight and
the ability to plan for upcoming expenditures for repairs and maintenance.
Since Fiscal Year 2016-2017, DMS has been provided a total of $178.9 million for major repairs,
maintenance, and renovation of the Capitol Complex. The House and Senate garage renovations cost
approximately $62.2 million total. A total of $40.6 million was provided for the rebuilding of Waller Park
(west side of the Capitol). Other major funding provided for repairs in recent years include the
replacement of the Capitol elevators ($20.2 million) and the heating and cooling system replacement
($40.6 million), set to begin in 2022. In 2022, DMS will begin the window replacement project for the
Capitol Building and the House and Senate Office Buildings ($15.3 million provided to date).15
The bill conforms to the proposed House of Representatives’ Fiscal Year 2022-2023 General
Appropriation Act (GAA). The GAA contains funds for the continued renovation and maintenance of the
Capitol Building and grounds.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
15Email from Patrick Gillespie, Deputy Secretary of Business Operations, Department of Management Services, RE: FCO
Numbers (Jan. 31, 2022).
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Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not Applicable.
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Statutes affected: H 5301 Filed: 267.0612, 272.04, 272.09
H 5301 e1: 265.111, 267.0612, 272.09
H 5301 er: 265.111, 267.0612, 272.09