Florida 2022 2022 Regular Session

Florida House Bill H1215 Analysis / Analysis

Filed 02/08/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1215a.GOS 
DATE: 2/8/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 1215    Abandoned and Historic Cemeteries 
SPONSOR(S): Government Operations Subcommittee, Driskell 
TIED BILLS:   IDEN./SIM. BILLS: SB 1588 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Government Operations Subcommittee 17 Y, 0 N, As CS Roth Toliver 
2) Infrastructure & Tourism Appropriations 
Subcommittee 
   
3) State Affairs Committee    
SUMMARY ANALYSIS 
The Division of Historical Resources (Division), established within the Department of State (DOS), is charged 
with encouraging identification, evaluation, protection, preservation, collection, conservation, and interpretation 
of information about Florida’s historic sites and properties or objects related to Florida’s history and culture.   
 
On June 4, 2021, Governor DeSantis signed into law CS/CS/HB 37 relating to Abandoned Cemeteries. The bill 
created a 10 member Task Force on Abandoned African-American Cemeteries (task force), adjunct to DOS, to 
study the extent that unmarked or abandoned African-American cemeteries and burial grounds exist 
throughout the state and to develop and recommend strategies for identifying and recording cemeteries and 
burial grounds while preserving local history and ensuring dignity and respect for the deceased. The task force 
met five times from July 20, 2021 to December 9, 2021, and submitted its Final Report on December 17, 2021.  
The recommendations of the task force are organized under four categories: Identification and Protection, 
Maintenance, Education, and Memorialization. 
 
The bill creates the Historic Cemeteries Program within the Division. The State Historic Preservation Officer 
will serve as the director of the program and must, subject to legislative appropriation, employ three full-time 
employees to operate the program. The bill requires the Historic Cemeteries Program to provide grants for 
certain entities to conduct research, repair, restore, or maintain abandoned African-American cemeteries. 
 
The bill creates the Historic Cemeteries Program Advisory Council within the Division to provide guidance and 
recommendations to the Division regarding the duties and responsibilities of the Historic Cemeteries Program. 
 
The bill amends the definition of “legally authorized person” within the Florida Funeral, Cemetery, and 
Consumer Services Act, as well as the definition of "conservation easement.”  
 
Lastly, the bill requires the Legislature to appropriate funds for the purpose of including abandoned African-
American cemeteries in Florida in the University of South Florida's Black Cemetery Network. 
 
The bill will likely have an indeterminate significant negative fiscal impact to the state.  
 
 
 
 
 
 
 
 
 
 
FULL ANALYSIS  STORAGE NAME: h1215a.GOS 	PAGE: 2 
DATE: 2/8/2022 
  
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Department of State 
The head of the Department of State (DOS) is the Secretary of State (Secretary) who is appointed by 
and serves at the pleasure of the Governor, and is confirmed by the Senate. The Secretary must 
perform the functions conferred by the State Constitution upon the custodian of state records.
1
 The 
Secretary also serves as the state protocol officer and, in consultation with the Governor and other 
governmental officials, develops, maintains, publishes, and distributes the state protocol manual.
2
 
 
Six divisions are established within DOS, including the Division of Historical Resources (Division).
3
 
 
Division of Historical Resources  
The Division is charged with encouraging identification, evaluation, protection, preservation, collection, 
conservation, and interpretation of information about Florida’s historic sites and properties or objects 
related to Florida’s history and culture.
4
 Some of the Division’s efforts include: 
 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.
5
 
 
Historic and Abandoned Cemeteries and Unmarked Human Remains  
Cemetery Regulation 
Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (the Act), 
generally regulates funeral and cemetery services.
6
 The Act authorizes the Board of Funeral, 
Cemetery, and Consumer Services within the Department of Financial Services (DFS) to regulate 
cemeteries, columbaria,
7
 cremation services, mausoleums, cemetery companies, dealers and 
monument builders, funeral directors, and funeral establishments.
8
  
 
Section 497.005(13), F.S., defines the term “cemetery” to mean: 
 
[A] place dedicated to and used or intended to be used for the permanent interment of 
human remains or cremated remains. A cemetery may contain land or earth interment; 
mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering garden, or 
other structure or place used or intended to be used for the interment or disposition of 
cremated remains; or any combination of one or more of such structures or places. 
The Act allows for the moving of graves – disinterment and reinterment.
9
 Disinterment and reinterment 
must be made in the physical presence of a licensed funeral director, unless reinterment occurs in the 
same cemetery.
10
 The funeral director is to obtain written authorization from a legally authorized 
                                                
1
 Section 20.10(1), F.S.  
2
 Section 15.01(1), F.S.  
3
 Section 20.10(2), F.S. 
4
 Section 267.031, F.S. 
5
 Section 267.031(5)(a), (b), (d), and (f), F.S. 
6
 See Section 497.001, F.S. 
7
 Section 497.005(18), F.S., defines “columbarium” to mean a structure or building that is substantially exposed above the ground and 
that is intended to be used for the inurnment of cremated remains. 
8
 Sections 497.101 and 497.103, F.S.  
9
 See Section 497.384, F.S. 
10
 Section 487.384(1), F.S.   STORAGE NAME: h1215a.GOS 	PAGE: 3 
DATE: 2/8/2022 
  
person
11
 or court of competent jurisdiction prior to any disinterment and reinterment of a dead human 
body.
12
   
 
Counties and municipalities are authorized, upon notice to DFS, to maintain and secure an abandoned 
cemetery or one that has not been maintained for more than six months.
13
 The solicitation of private 
funds and the expenditure of public funds are authorized for maintenance and security of abandoned 
cemeteries.
14
 These efforts of maintenance and security are statutorily exempt from civil liabilities or 
penalties for damages to property at the cemetery.
15
 Additionally, the county or municipality is permitted 
to maintain an action against the cemetery owner to recover costs for maintenance or security.
16
   
 
Criminal Offenses Concerning Dead Bodies and Graves  
Chapter 872, F.S., governs criminal offenses concerning dead bodies and graves. The law provides 
that it is a third-degree felony
17
 to willfully and knowingly destroy, mutilate, deface, injure or remove any 
tomb
18
 containing human skeletal remains and disturb memorials including fences associated with a 
monument containing human skeletal remains.
19
 It is a second-degree felony
20
 to willfully and 
knowingly disturb the contents of a grave or tomb;
21
 however, these offenses do not apply to:  
 Any person acting under the direction or authority of the Division within DOS;
22
 
 Cemeteries operating under chapter 497, F.S.; 
 Any cemeteries removing or relocating the contents of a grave or tomb as a response to a 
natural disaster; or 
 Any person otherwise authorized by law to remove or disturb a tomb, monument, gravestone, 
burial mound, or similar structure, or its contents.
23
   
 
Abandoned Cemeteries in the Tampa Area 
 
Zion Cemetery 
Zion Cemetery, established in 1901, is believed to be Tampa’s first cemetery for African-Americans 
with room for approximately 800 graves.
24
 Zion Cemetery disappeared from public view and city maps 
by 1929.
25
 In 1951, the Tampa Housing Authority started construction on the Robles Park Apartments 
on land that includes part of the Zion Cemetery site, and construction crews found several unmarked 
graves and three caskets.
26
 
 
The Robles Park Village housing, which is still owned by the Tampa Housing Authority, and two other 
commercial businesses owned by two private sector individuals now stand on the land that once was 
                                                
11
 Section 497.005(43), F.S., defines the term “legally authorized person” as a priority list that begins with the authorizations and 
directions of the decedent and can include relatives, guardians, or personal representatives of the decedent. 
12
 Section 487.384(3), F.S. 
13
 Section 497.284(1), F.S. 
14
 Id.  
15
 Section 497.284(2), F.S. 
16
 Section 497.284(3), F.S. 
17
 A third-degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082 through 775.084, F.S. 
18
 This section provides that the term “tomb” includes any mausoleum, columbarium, or below ground crypt.  
19
 Section 872.02(1)(a), F.S.  
20
 A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. ss. 775.082 through 775.084, F.S. 
21
 Section 872.02(2), F.S. 
22
 The powers and duties of the Division of Historical Resources within DOS are set forth in s. 267.031, F.S. Subject to some 
limitations, a state archaeologist, as employed by the Division, may assume jurisdiction over an unmarked human burial site in order 
to initiate efforts for the proper protection of the burial and the human skeletal remains and associated burial artifacts. See ss. 
872.05(4)-(6), F.S. 
23
 Section 872.02(3), F.S.  
24
 Paul Guzzo, A community, not Just Zion Cemetery, Disappeared to Build Homes for Whites, TAMPA BAY TIMES, Nov. 4, 2019 
(updated Jan. 8, 2020), available at https://www.tampabay.com/news/hillsborough/2019/11/04/a-community-not-just-zion-cemetery-
disappeared-to-build-homes-for-whites/#talk-wrapper (last visited Feb. 1, 2022).  
25
 Id.  
26
 Paul Guzzo, Key Dates in the History of Tampa’s Forgotten Zion Cemetery, TAMPA BAY TIMES, Jun. 19, 2019 (updated Jan. 13, 
2020), available at https://www.tampabay.com/florida/2019/06/23/key-dates-in-the-history-of-tampas-forgotten-zion-cemetery (last 
visited Feb. 1, 2022).  STORAGE NAME: h1215a.GOS 	PAGE: 4 
DATE: 2/8/2022 
  
the site of the African-American cemetery. Upon learning that the Zion Cemetery might still lie beneath 
at least a portion of its Robles Park Village Apartments, the Tampa Housing Authority organized a 
consultation committee and hired archaeologists to survey its property.
27
 In August 2019, archeologists 
used a ground-penetrating radar and discovered what they believe to be 126 caskets beneath the 
Tampa Housing Authority land.
28
 The Tampa Housing Authority spent between $70,000 and $80,000 to 
relocate about 29 families who occupied five buildings within the housing complex that sits where Zion 
Cemetery is believed to be underground.
29
 
 
Ridgewood Cemetery  
In October 2019, the Hillsborough County School District (HCSD) learned that the old Ridgewood 
Cemetery might have been located at the southeast corner of the King High School campus, which is 
now occupied by a small building and open land used for the agricultural program.
30
 Ridgewood was 
designated as a pauper’s cemetery and at least 280 people (mostly African Americans) were buried 
there between 1942 and 1954.
31
  
 
On October 28, 2019, the HCSD created an advisory committee, named the Historical Response 
Committee, to determine how to handle the search for unmarked graves at King High School and what 
to do if unmarked graves were found. The HCSD hired a geotechnical firm to conduct a survey on the 
south end of King High School campus using a ground penetrating radar to look for any signs of the lost 
Ridgewood Cemetery on the campus.
32
 On November 20, 2019, the HCSD released the results of the 
survey.
33
 The survey of the southern edge of the King High School campus showed evidence of burials 
of approximately 145 graves;
34
 however, there was no evidence of burials or graves on the northeast 
corner of the campus. 
 
Historical records generally indicate that there were between 250 and 268 burials at Ridgewood 
Cemetery.
35
 Possible reasons why the radar survey only revealed approximately 145 possible graves 
include: 
 The radar may have more difficulty locating smaller coffins of infants and children. 
 Some coffins may have decayed underground preventing detection by scan some 75 years 
later. 
 Some graves may be under the agricultural workshop building. 
 Some graves may have been moved to another cemetery. 
 Limitations of radar technology.
36
  
                                                
27
 Paul Guzzo, Richard Gonzmart Believes no Coffins will be Found on his Zion Cemetery Land, TAMPA BAY TIMES, Sep. 24, 2019, 
available at https://www.tampabay.com/news/hillsborough/2019/09/24/richard-gonzmart-believes-no-coffins-will-be-found-on-his-
zion-cemetery-land/ (last visited Feb. 1, 2022).   
28
 Id.  
29
 Emerald Morrow, Lost African American Grave Discoveries Highlight the Need for Affordable Housing, 10NEWS WTSP, Feb. 24, 
2020, available at https://www.wtsp.com/article/news/special-reports/erased/lost-graves-from-zion-highlights-affordable-housing-
crunch/67-25fe2f5e-5476-4152-823f-59280cd7fb0f (last visited Feb. 1, 2022); see also Divya Kumar, Tenant Leaders Seek Quicker 
Relocation for People Living Near Zion Cemetery, TAMPA BAY TIMES, Oct. 10, 2019, available at 
https://www.tampabay.com/news/tampa/2019/10/10/tenant-leaders-seek-quicker-relocation-for-people-living-near-zion-cemetery (last 
visited Feb. 1, 2022). 
30
Paul Guzzo, Records Show King High Gym may have been Built atop Paupers Cemetery, TAMPA BAY TIMES, Oct. 22, 2019    
(updated Oct. 23, 2019), available at https://www.tampabay.com/news/education/2019/10/22/map-shows-king-high-gym-may-have-
been-built-atop-paupers-cemetery (last visited Feb. 1, 2022). 
31
 Lori Rozsa, Lost Lives, Fresh Heartache as a Black Cemetery is Found Buried under a High School, WASHINGTON POST, 
November 24, 2019, available at https://www.washingtonpost.com/national/lost-lives-fresh-heartache-as-a-black-cemetery-is-found-
buried-under-a-high-school/2019/11/24/5e755e4a-0ed4-11ea-bf62-eadd5d11f559_story.html (last visited Feb. 1, 2022). 
32
 Dave Jordan, Forgotten Cemetery under King High School? District Awaits Answers, SPECTRUM NEWS 9, Oct. 28, 2019, 
available at https://www.baynews9.com/fl/tampa/news/2019/10/28/forgotten-cemetery-under-kigh-high-school--district-awaits-
answers (last visited Feb. 1, 2022).  
33
 Hillsborough County School District, Press Release, School District Releases Findings from Scans on King High School Property, 
Nov. 20, 2019, available at https://www.sdhc.k12.fl.us/newsdesk/article/1578/school-district-releases-findings-from-scans-on-king-
high-school-property (last visited Feb. 1, 2022). 
34
 Id.  
35
 Id.  
36
 Id.  STORAGE NAME: h1215a.GOS 	PAGE: 5 
DATE: 2/8/2022 
  
 
On November 21, 2019, the HCSD notified the county Medical Examiner in Hillsborough County and 
the Division of the unmarked human burials
37
 found on the King High Campus. When an unmarked 
human burial is discovered (other than during an authorized archaeological excavation)
38
 all disturbing 
activity of the burial must cease, and the district medical examiner must be notified.
39
 Activity may not 
resume until authorized by the district medical examiner or the state archaeologist.
40
  
 
Almost a year later, the Division informed the HCSD that it does not have jurisdiction unless the 
cemetery is located on state lands.
41
 The cemetery is not located on state lands; thus, jurisdiction was 
returned to the HCSD. On or about November 3, 2020, the Historical Response Committee met to 
discuss proper ways to honor the individuals buried at the site, care for the space, and provide learning 
opportunities to students at King High School and other schools.
42
 On February 15, 2021, the HCSD 
unveiled design plans for a monument intended to pay tribute to the deceased buried in the cemetery.
43
 
If approved by the community, the monument will be erected on a 1-acre site on the campus of King 
High School.
44
 
 
Task Force on Abandoned African-American Cemeteries  
On June 4, 2021, Governor DeSantis signed into law CS/CS/HB 37
45
 relating to Abandoned 
Cemeteries. The bill created a ten-member Task Force on Abandoned African-American Cemeteries 
(task force), adjunct to DOS, to study the extent that unmarked or abandoned African-American 
cemeteries and burial grounds exist throughout the state and to develop and recommend strategies for 
identifying and recording cemeteries and burial grounds while preserving local history and ensuring 
dignity and respect for the deceased.  
 
The task force was required to hold its first meeting by August 1, 2021, and was authorized to meet as 
many times as it deemed necessary to complete its duties. The task force was required to submit a 
report by January 1, 2022, detailing its findings and recommendations to the Governor, the President of 
the Senate, the Speaker of the House of Representatives, and the Minority Leaders of the Senate and 
the House of Representatives.  
 
The task force met five times from July 20, 2021 to December 9, 2021, and submitted its Final Report 
on December 17, 2021.
46
 The recommendations of the task force are organized under four categories: 
Identification and Protection, Maintenance, Education, and Memorialization.
47
 The task force is 
scheduled to expire on March 11, 2022. 
 
Effect of the Bill 
                                                
37
 Section 872.05(2)(f), F.S., defines the term “unmarked human burial” as any human skeletal remains or associated burial artifacts or 
any location, including any burial mound or earthen or shell monument, where human skeletal remains or associated burial artifacts 
are discovered or believed to exist on the basis of archaeological or historical evidence, excluding any burial marked or previously 
marked by a tomb, monument, gravestone, or other structure or thing placed or designed as a memorial of the dead.  
38
 Section 872.05(5), F.S., provides for a similar process if an unmarked human burial is discovered during an authorized 
archeological excavation. 
39
 Section 872.05(4), F.S. 
40
 Id.  
41
 Hillsborough County School District, Press Release, Historical Response Committee Seeks Input for Ridgewood Memorial, Nov. 3, 
2020, available at https://sdhc.k12.fl.us/newsdesk/article/1795/historical-response-committee-seeks-input-for-ridgewood-memorial 
(last visited Feb. 1, 2022). 
42
 Id. 
43
  D'Ann Lawrence White, District Unveils Memorial to Lost Black Cemetery at High School, Patch.com (Feb. 16, 2021), available at 
http://www.thafl.com/docs/uploads/2021-02-16%20District%20Unveils%20Memorial.pdf (last visited Feb. 1, 2022).  
44
 Id.  
45
 Chapter 2021-60, L.O.F. 
46
 Florida Department of State: Division of Historical Resources, Abandoned African-American Cemeteries Task Force, available at 
https://dos.myflorida.com/historical/archaeology/human-remains/abandoned-cemeteries/abandoned-african-american-cemeteries-task-
force/ (last visited January 31, 2022).  
47
 Florida Department of State: Division of Historical Resources, Final Report of the Abandoned African-American Cemeteries Task 
Force, available at https://files.floridados.gov/media/705214/hb-37_task-force-on-abandoned-african-american-cemeteries_report_12-
17-2021.pdf (last visited January 31, 2022).   STORAGE NAME: h1215a.GOS 	PAGE: 6 
DATE: 2/8/2022 
  
 
The bill creates the Historic Cemeteries Program within the Division. The State Historic Preservation 
Officer will serve as the director of the program and must, subject to legislative appropriation ,employ 
three full-time employees to operate the program. The program will have the following duties and 
responsibilities: 
 Serve as the organizational center for recording and updating in the Florida Master Site File 
records of cemeteries in this state established at least 50 years ago. 
 Develop guidelines for use by state agencies, local governments, and developers in the 
identification, location, and maintenance of abandoned and historic cemeteries. 
 Serve as an interagency governmental liaison to municipalities, planning departments, colleges 
and universities, and community organizations to facilitate collaboration and the sharing of 
information relating to abandoned and historic cemeteries. 
 Coordinate with the University of South Florida's Black Cemetery Network
48
 to facilitate the 
inclusion of abandoned African-American cemeteries in the Black Cemetery Network. 
 Research, identify, and record abandoned cemeteries, with an emphasis on abandoned African-
American cemeteries. 
 When abandoned cemeteries are located, provide notification and guidance to relevant persons 
and assist with efforts to identify relatives and descendants, funeral directors, religious 
organizations, qualified nonprofit organizations, and property owners. 
 Assist constituents, descendant communities, state and federal agencies, local governments, 
and other stakeholders with inquiries relating to abandoned cemeteries. 
 In coordination with the Department of Education (DOE), develop a curriculum relating to 
abandoned and historic cemeteries, with a focus on citizenship, social responsibility, and 
history. 
 Establish a priority for the placement of historical markers for erased, forgotten, lost, or 
abandoned African-American cemeteries. 
 
In addition, the Historic Cemeteries Program must, subject to legislative appropriation, provide grants to 
the following entities: 
 Research institutions, colleges and universities, and qualified nonprofit organizations, for the 
purpose of conducting genealogical and historical research necessary to identify and contact 
the relatives and descendants of persons buried in abandoned African-American cemeteries. 
 Local governments and qualified nonprofit organizations, for the purposes of repairing, 
restoring, and maintaining abandoned African-American cemeteries. 
 
The bill authorizes the Division to adopt rules to implement the creation of the Historic Cemeteries 
Program. 
The bill also creates the Historic Cemeteries Program Advisory Council,
49
 within the Division which 
must consist of members appointed by the Secretary of State after considering the recommendations of 
the director of the Division. The council must be composed of an inclusive group of members who are 
regionally distributed and representative of communities throughout Florida. Members will serve four 
year staggered terms. As soon as practicable after July 1, 2022, the council must meet to elect a chair 
from its membership. Unless otherwise provided in law, the council must operate in a manner 
consistent with current law on the establishment of advisory bodies, commissions, and boards.
50
  
 
The council must provide guidance and recommendations to the Division regarding the duties and 
responsibilities of the Historic Cemeteries Program. The members of the council will serve without 
compensation but they may receive per diem and reimbursement for travel expenses.
51
  
 
                                                
48
 The Black Cemetery Network is a national network that brings visibility to African American cemeteries and serves as a resource 
for information relating to Black Cemeteries. 
49
 “Advisory Council” means an advisory body created by specific statutory enactment and appointed to function on a continuing basis 
for the study of the problems arising in a specified functional or program area of state government and to provide recommendations 
and policy alternatives. Section 20.03(7), F.S. 
50
 See s. 20.052, F.S.  
51
 See s. 112.061, F.S.   STORAGE NAME: h1215a.GOS 	PAGE: 7 
DATE: 2/8/2022 
  
The bill amends the definition of “legally authorized person”
52
 within the Florida Funeral, Cemetery, and 
Consumer Services Act,
53
 to include a member of a representative community organization. This 
authorizes a funeral director to obtain written authorization from a member of a representative 
community organization prior to the disinterment and reinterment of a dead human body.
54
 
 
The bill also amends the definition of "conservation easement"
55
 to include abandoned and neglected 
cemeteries that are 50 years or more old, and prohibits acts or uses that are detrimental to the 
preservation of the structural integrity or physical appearance of abandoned and neglected cemeteries 
that are 50 years or more old. In addition, the bill authorizes conservation easements to be acquired by 
any governmental body or agency or by a charitable corporation or trust whose purposes include 
preserving sites or properties of historical, architectural, archaeological, or cultural significance, 
including abandoned and neglected cemeteries that are 50 years or more old. 
 
 Finally, the bill requires the Legislature to appropriate funds for the purpose of including abandoned 
African-American cemeteries in Florida in the University of South Florida's Black Cemetery Network. 
 
B. SECTION DIRECTORY: 
Section 1: Creates s. 267.21, F.S., relating to historic cemeteries program. 
 
Section 2: Creates s. 267.22, F.S., relating to historic cemeteries program advisory council. 
 
Section 3: Amends s. 497.005, F.S., relating to definitions.  
 
Section 4: Amends s. 704.06, F.S., relating to conservation easements; creation; acquisition; 
enforcement. 
 
Section 5: Provides an appropriation for the purpose of including abandoned African-American 
cemeteries in this state in the University of South Florida’s Back Cemetery Network. 
 
Section 6: 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: 
The bill creates the Historic Cemeteries Program and authorizes the State Historic Preservation 
Officer to employ three full-time employees to operate the program. The salaries of the three full-
time employees is unknown, but there will likely be an indeterminate significant negative fiscal 
impact to DOS. 
 
The bill requires the Historic Cemeteries Program to develop, with assistance from DOE, a 
curriculum relating to abandoned and historic cemeteries. It is likely that any costs associated with 
developing the curriculum can be absorbed within DOE’s existing resources. 
 
The bill requires the Historic Cemeteries Program to provide grants for certain entities to conduct 
research, repair, restore, or maintain abandoned African-American cemeteries. It is unknown how 
                                                
52
 See s. 497.005, F.S.  
53
 See ch. 497, F.S.  
54
 See s. 487.384(3), F.S. 
55
 See s. 704.06(1), F.S.  STORAGE NAME: h1215a.GOS 	PAGE: 8 
DATE: 2/8/2022 
  
many entities will be provided grants and for what amount, but there will likely be an indeterminate 
significant negative fiscal impact to DOS. 
 
The bill creates the Historic Cemeteries Program Advisory Council composed of an inclusive group 
of members who are regionally distributed and representative of communities throughout this state. 
Members will not be entitled to compensation but are authorized to receive per diem and 
reimbursement for travel expenses as provided in law. It is unknown how many members the 
Advisory Council will have, but there will likely be an indeterminate insignificant negative fiscal 
impact to DOS. 
 
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 the Legislature to appropriate funds for the purpose of including abandoned African-
American cemeteries in Florida in the University of South Florida's Black Cemetery Network. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. The bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill grants rule-making authority to the Division to implement the creation of the Historic Cemeteries 
Program.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None.  
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On February 8, 2022, the Government Operations Subcommittee adopted an amendment and reported the bill 
favorably as a committee substitute. The amendment changed the bill in the following ways: 
 Clarified that an abandoned or neglected cemetery within the definition of “conservation easement” 
must be “50 or more years old.” 
 Removed language providing an easement to the state for certain purposes. 
 
This analysis is drafted to the committee substitute as adopted by the Government Operations Subcommittee.