Florida Senate - 2025                                    SB 1550
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01884-25                                           20251550__
    1                        A bill to be entitled                      
    2         An act relating to historical records concerning
    3         enslaved individuals; providing a short title;
    4         creating s. 267.23, F.S.; providing legislative
    5         findings; providing purposes; prohibiting certain acts
    6         relating to the sale and trade of historical records
    7         of enslaved individuals in this state; providing
    8         exceptions; imposing specified penalties for
    9         violations; requiring the Department of State to
   10         oversee compliance with the act and to coordinate with
   11         law enforcement agencies for a specified purpose;
   12         authorizing the Attorney General to bring civil
   13         actions for violations; requiring the department to
   14         use existing state resources to fund its efforts;
   15         requiring the department to establish an online
   16         reporting system for a certain purpose; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Stop the Sale of
   22  Enslavement Records Act.”
   23         Section 2. Section 267.23, Florida Statutes, is created to
   24  read:
   25         267.23 Sale of historical records prohibited.—
   26         (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
   27         (a) Historical records, such as bills of sale that document
   28  the sale and trade of enslaved individuals, commodify the trauma
   29  that millions of African Americans endured before 1865 and
   30  incentivize the exploitation of these painful historical records
   31  for profit.
   32         (b) The sale, resale, auction, or commercial distribution
   33  for profit of such historical records perpetuates the
   34  dehumanization of enslaved individuals and their descendants and
   35  reduces their lived experiences to mere financial transactions.
   36         (c) Similar prohibitions to prevent sales of sensitive
   37  materials exist internationally, such as the prohibition of Nazi
   38  memorabilia sales in Germany and France, which were enacted to
   39  prevent the resurgence of harmful ideologies and the
   40  commodification of historical atrocities.
   41         (d) Federal and state legislative mechanisms do not
   42  currently exist to ensure the ethical handling and preservation
   43  of records related to American slavery in a manner that honors
   44  the dignity of those affected and their descendants.
   45         (2) PURPOSES.-The purposes of this section are to:
   46         (a) Prohibit the commercial sale, resale, auction, or
   47  commercial distribution for profit of historical records that
   48  document the sale and trade of enslaved individuals in this
   49  state.
   50         (b) Provide mechanisms for the ethical preservation and
   51  display of such records through academic, research, and
   52  historical institutions.
   53         (c) Establish penalties for individuals, businesses, and
   54  entities that engage in the sale, resale, auction, or commercial
   55  distribution for profit of such historical records.
   56         (3) PROHIBITION ON SALE OF ENSLAVEMENT RECORDS.—
   57         (a) It is unlawful for an individual, a business, or an
   58  entity to:
   59         1. Sell, resell, auction, or otherwise commercially
   60  distribute for profit any historical record that documents the
   61  sale and trade of enslaved individuals in this state.
   62         2. Import, export, or transport such historical records for
   63  sale, resale, auction, or financial gain.
   64         3. Offer for sale, resale, or auction any digital
   65  reproduction or facsimile of such historical records for profit.
   66         (b) This section does not prohibit:
   67         1. The donation or transfer of such historical records to
   68  accredited historical, educational, or research institutions for
   69  the purpose of study, preservation, or public education.
   70         2. The display or use of such historical records in
   71  museums, archives, or historical research projects that do not
   72  involve financial transactions for ownership.
   73         (4) PENALTIES.—Any individual, business, or entity that
   74  violates this section is subject to:
   75         (a) A civil penalty not exceeding $10,000 per violation.
   76         (b) Seizure of the historical records, which shall be
   77  transferred to an appropriate historical, educational, or
   78  research institution.
   79         (c) Additional penalties as determined by the Office of the
   80  Attorney General.
   81         (5) ENFORCEMENT.—
   82         (a) The Department of State shall oversee compliance with
   83  this section and coordinate with law enforcement agencies to
   84  prevent and enforce violations.
   85         (b) The Attorney General may bring a civil action against
   86  any individual, business, or entity that violates this section.
   87         (6) FUNDING AND IMPLEMENTATION.—
   88         (a) The Department of State shall use existing state
   89  resources otherwise allocated to historical preservation and
   90  consumer protection enforcement to fund this section.
   91         (b) The Department of State shall establish an online
   92  reporting system for the public to report suspected violations
   93  of this section.
   94         Section 3. This act shall take effect July 1, 2025.