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: CS/SB 416
INTRODUCER: Committee on Military and Veterans Affairs, Space, and Domestic Security and Senator
Burgess
SUBJECT: POW-MIA Vietnam Veterans Bracelet Memorial
DATE: February 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Caldwell MS Fav/CS
2. Brown Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 416 provides for the creation of the POW-MIA Vietnam Veterans Bracelet Memorial to
memorialize the sacrifices and experiences of those captured or missing in combat during the
Vietnam War.
The memorial will be funded and administered by the Big Bend Chapter 96, Vietnam Veterans
of America, without state funding.
By July 1, 2022, the Department of Management Services (department) must identify and make
available an appropriate area for construction and placement of the memorial in Tallahassee,
specifically along South Monroe Street and on or near the premises of the Capitol Complex. The
department will consult with the Vietnam Veterans of America and the Florida Historical
Commission on the monument’s design and placement.
II. Present Situation:
Capitol Complex
The Capitol Complex, located in Tallahassee, includes the inside and the curtilage outside of the
downtown Capitol, Historic Capitol, Senate Office Building, House Office Building, Knott
Building, Pepper Building, and Holland Building. State-owned lands and public streets adjacent
BILL: CS/SB 416 Page 2
to these buildings are also included.1 The rest of the Capitol Complex, the Capital Circle Office
Center, is located in the southeast section of the city.2
Division of Historical Resources
The Division of Historical Resources, established within the Department of State,3 among its
duties is responsible for:
Developing a comprehensive statewide historic preservation plan;
Directing and conducting a comprehensive statewide survey and maintaining an inventory of
historic resources;
Ensuring that historic resources are taken into consideration at all levels of planning and
development; and
Providing public information, education, and technical assistance relating to historic
preservation programs.4
Florida Historical Commission
The 2001 Florida Legislature established the Florida Historical Commission (commission) to
enhance public participation and involvement in the preservation and protection of the state's
historic and archaeological sites and properties.5 The commission, part of the Department of
State, is tasked with advising and assisting the Division of Historical Resources in carrying out
its programs, duties, and responsibilities.6
The commission is composed of 11 members of varying backgrounds and interests. Among the
membership, seven are appointed by the Governor in consultation with the Secretary of State,
two by the President of the Senate, and two by the Speaker of the House of Representatives.7
The commission must provide assistance, advice, and recommendations to the Division of
Historical Resources.8 The commission also provides recommendations to the Department of
Management Services on the design and placement of monuments authorized by general law to
be placed on the premises of the Capitol Complex.9
Memorials and Monuments
A monument is defined as:
1
Section 281.01, F.S.
2
Department of Management Services, Capitol Complex Information, Available at
https://www.dms.myflorida.com/business_operations/real_estate_development_and_management/facilities_management/buil
ding_information/capitol_complex_information (last visited Jan. 25, 2021).
3
Section 20.10(2)(b), F.S.
4
Section 267.031(5)(a),(b),(d), and (f), F.S.
5
Section 5, ch. 2001-199, L.O.F.
6
Section 267.0612, F.S.
7
Section 267.0612(1)(a)1. F.S.
8
Section 267.0612(6), F.S.
9
Section 267.0612(9), F.S.
BILL: CS/SB 416 Page 3
a permanent structure such 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
The term “monument” does not include an Official Florida Historical Marker.11
Legislative approval is required before initiating any building or placement of a monument on
the premises of the Capitol Complex. After the Legislature designates in law a new monument,
the department must approve the design and placement of the monument after considering the
recommendation of the Florida Historical Commission.12
Chapter 265, F.S., recognizes various memorials and monuments for placement both inside and
outside at the downtown Capitol Complex. To date, the Legislature has designated the following
memorials:
Florida Women’s Hall of Fame;13
Florida Medal of Honor Wall;14
Florida Veterans’ Hall of Fame;15
POW-MIA Chair of Honor Memorial;16
Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden;17
Florida Tourism Hall of Fame;18
Florida Law Enforcement Officers’ Hall of Fame;19
Florida Holocaust Memorial;20
Florida Slavery Memorial;21
Arthur G. Dozier School for Boys Memorial;22 and
Florida Artists Hall of Fame.23
Additionally, the Legislature designated a memorial garden to house approved monuments at the
downtown Capitol Complex. One of the monuments designated for placement in the memorial
garden is a monument in remembrance of the 241 members of the United States Air Forces who
died on October 23, 1983, in Beirut, Lebanon.24
10
Section 265.111(1), F.S.
11
Id. An Official Florida Historical Marker is any marker, plaque, or similar device awarded, approved, or administered by
the Division of Historical Resources to recognize and inform the public about historical properties, persons, events, and other
topics relating to the history and culture of the state (s. 267.021(8), F.S.)
12
Section 265.111(2), F.S.
13
Section 265.001, F.S.
14
Section 265.002, F.S.
15
Section 265.003, F.S.
16
Section 265.00301, F.S.
17
Section 265.0031, F.S.
18
Section 265.004, F.S.
19
Section 265.0041, F.S.
20
Section 265.005, F.S.
21
Section 265.006, F.S.
22
Section 265.007, F.S.
23
Section 265.2865, F.S.
24
Section 265.111(3), F.S.
BILL: CS/SB 416 Page 4
III. Effect of Proposed Changes:
CS/SB 416 provides for the creation of the POW-MIA Vietnam Veterans Bracelet Memorial to
memorialize the sacrifices and experiences of those captured or missing in combat during the
Vietnam War.
The memorial will be funded and administered by the Big Bend Chapter 96, Vietnam Veterans
of America, without state funding.
By July 1, 2022, the Department of Management Services (department) must identify and make
an appropriate area available for construction and placement of the memorial in Tallahassee,
specifically along South Monroe Street and on or near the premises of the Capitol Complex. In
deciding the monument’s design and placement, the department must consider recommendations
by the Vietnam Veterans of America and the Florida Historical Commission.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
Section 18 of the State Constitution.
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: CS/SB 416 Page 5
B. Private Sector Impact:
None.
C. Government Sector Impact:
None. The Department of Management Services does not expect to incur costs as the
memorial has already been designed and paid for by the sponsor.25
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 265.008, Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Military and Veterans Affairs, Space, and Domestic Security on February 2,
2021:
The committee substitute:
Redesignates as the POW-MIA Vietnam Veterans Bracelet Memorial the POW-MIA
Veterans Bracelet Memorial to clarify that the veterans memorialized participated in
the Vietnam War; and
Removes the authority of the Department of Management Services to conduct
rulemaking.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
25
Email correspondence with Cody Farrill, Department of Management Services (Jan. 29, 2021).