FL
Florida House Bill H1215

Florida 2022 Regular Session

Florida House Bill H1215 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to abandoned and historic cemeteries; 2
1616 creating s. 267.21, F.S.; creating the Historic 3
1717 Cemeteries Program within the Division of Historical 4
1818 Resources of the Department of State; designating the 5
1919 State Historic Preservation Officer as the prog ram's 6
2020 director and requiring him or her to hire employees, 7
2121 subject to legislative appropriation; providing the 8
2222 duties and responsibilities of the program; requiring 9
2323 the program to provide grants, subject to legislative 10
2424 appropriation, to certain entities fo r certain 11
2525 purposes; authorizing the division to adopt rules; 12
2626 creating s. 267.22, F.S.; creating the Historic 13
2727 Cemeteries Program Advisory Council within the 14
2828 division; providing for membership, terms, and duties 15
2929 of the council; providing that members shall s erve 16
3030 without compensation but may receive per diem and 17
3131 reimbursement for travel expenses; amending s. 18
3232 497.005, F.S.; revising the definition of the term 19
3333 "legally authorized person" to include a member of a 20
3434 representative community organization; amending s. 21
3535 704.06, F.S.; revising the definition of the term 22
3636 "conservation easement" to include a right or interest 23
3737 in real property which is appropriate to retaining the 24
3838 structural integrity or physical appearance of certain 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 cemeteries; authorizing certain entities to acquire 26
5252 conservation easements to preserve certain cemeteries; 27
53-providing an effective date. 28
54- 29
55-Be It Enacted by the Legislature of the State of Florida: 30
56- 31
57- Section 1. Section 267.21, Florida Statutes, is created to 32
58-read: 33
59- 267.21 Historic Cemeterie s Program.— 34
60- (1) The Historic Cemeteries Program is created within the 35
61-division. The State Historic Preservation Officer shall serve as 36
62-the director of the program and shall, subject to legislative 37
63-appropriation, employ three full -time employees to operat e the 38
64-program. The program shall have the following duties and 39
65-responsibilities: 40
66- (a) Serve as the organizational center for recording and 41
67-updating in the Florida Master Site File records of cemeteries 42
68-in this state established at least 50 years ago. 43
69- (b) Develop guidelines for use by state agencies, local 44
70-governments, and developers in the identification, location, and 45
71-maintenance of abandoned and historic cemeteries. 46
72- (c) Serve as an interagency governmental liaison to 47
73-municipalities, planning departme nts, colleges and universities, 48
74-and community organizations to facilitate collaboration and the 49
75-sharing of information relating to abandoned and historic 50
53+providing for an appropriation; providing an effective 28
54+date. 29
55+ 30
56+Be It Enacted by the Legislature of the State of Florida: 31
57+ 32
58+ Section 1. Section 267.21, Florida Statutes, is created to 33
59+read: 34
60+ 267.21 Historic Cemeteries Program. — 35
61+ (1) The Historic Cemeteries Program is created within the 36
62+division. The State Historic Preservation Officer shall serve as 37
63+the director of the program and shall, subject to legislative 38
64+appropriation, employ thr ee full-time employees to operate the 39
65+program. The program shall have the following duties and 40
66+responsibilities: 41
67+ (a) Serve as the organizational center for recording and 42
68+updating in the Florida Master Site File records of cemeteries 43
69+in this state establi shed at least 50 years ago. 44
70+ (b) Develop guidelines for use by state agencies, local 45
71+governments, and developers in the identification, location, and 46
72+maintenance of abandoned and historic cemeteries. 47
73+ (c) Serve as an interagency governmental liaison to 48
74+municipalities, planning departments, colleges and universities, 49
75+and community organizations to facilitate collaboration and the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-cemeteries. 51
89- (d) Coordinate with the University of South Florida's 52
90-Black Cemetery Network to facilita te the inclusion of abandoned 53
91-African-American cemeteries in the Black Cemetery Network. 54
92- (e) Research, identify, and record abandoned cemeteries, 55
93-with an emphasis on abandoned African -American cemeteries. 56
94- (f) When abandoned cemeteries are located, prov ide 57
95-notification and guidance to relevant persons and assist with 58
96-efforts to identify relatives and descendants, funeral 59
97-directors, religious organizations, qualified nonprofit 60
98-organizations, and property owners. 61
99- (g) Assist constituents, descendant commu nities, state and 62
100-federal agencies, local governments, and other stakeholders with 63
101-inquiries relating to abandoned cemeteries. 64
102- (h) In coordination with the Department of Education, 65
103-develop a curriculum relating to abandoned and historic 66
104-cemeteries, with a focus on citizenship, social responsibility, 67
105-and history. 68
106- (i) Establish a priority for the placement of historical 69
107-markers for erased, forgotten, lost, or abandoned African -70
108-American cemeteries. 71
109- (2) The Historic Cemeteries Program shall, subject to 72
110-legislative appropriation, provide grants to the following 73
111-entities: 74
112- (a) Research institutions, colleges and universities, and 75
88+sharing of information relating to abandoned and historic 51
89+cemeteries. 52
90+ (d) Coordinate with the University of South Florida's 53
91+Black Cemetery Network to facilitate the inclusion of abandoned 54
92+African-American cemeteries in the Black Cemetery Network. 55
93+ (e) Research, identify, and record abandoned cemeteries, 56
94+with an emphasis on abandoned African -American cemeteries. 57
95+ (f) When abandoned cemeteries are located, provide 58
96+notification and guidance to relevant persons and assist with 59
97+efforts to identify relatives and descendants, funeral 60
98+directors, religious organizations, qualified nonprofit 61
99+organizations, and property owners. 62
100+ (g) Assist constituents, descendant communities, state and 63
101+federal agencies, local governments, and other stakeholders with 64
102+inquiries relating to abandoned cemeteries. 65
103+ (h) In coordination with the Department of Education, 66
104+develop a curriculum relating to abandone d and historic 67
105+cemeteries, with a focus on citizenship, social responsibility, 68
106+and history. 69
107+ (i) Establish a priority for the placement of historical 70
108+markers for erased, forgotten, lost, or abandoned African -71
109+American cemeteries. 72
110+ (2) The Historic Cemeteries Program shall, subject to 73
111+legislative appropriation, provide grants to the following 74
112+entities: 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-qualified nonprofit organizations, for the purpose of conducting 76
126-genealogical and historical research necessary to identify and 77
127-contact the relatives and descendants of persons buried in 78
128-abandoned African-American cemeteries. 79
129- (b) Local governments and qualified nonprofit 80
130-organizations, for the purposes of repairing, restoring, and 81
131-maintaining abandoned African -American cemeteries. 82
132- (3) The division may adopt rules to implement this 83
133-section. 84
134- Section 2. Section 267.22, Florida Statutes, is created to 85
135-read: 86
136- 267.22 Historic Cemeteries Program Advisory Council. — 87
137- (1) The Historic Cemeteries Program Advisory Council, an 88
138-advisory council as defined in s. 20.03(7), is created within 89
139-the division and shall consist of members appointed by the 90
140-Secretary of State after considering the recommendations of the 91
141-director of the division. The council must be composed of an 92
142-inclusive group of members who are regionally distributed and 93
143-representative of communities throughout this state. Members 94
144-shall serve 4-year staggered terms. As soon as practicable after 95
145-July 1, 2022, the council shall meet to elect a chair from its 96
146-membership. Except as otherwise provided in this section, the 97
147-council shall operate in a manner consistent with s. 20.052. 98
148- (2) The council shall provide guidance and recommendations 99
149-to the division regarding the duties and responsibilities of the 100
125+ (a) Research institutions, colleges and universities, and 76
126+qualified nonprofit organizations, for the purpose of conducting 77
127+genealogical and historic al research necessary to identify and 78
128+contact the relatives and descendants of persons buried in 79
129+abandoned African-American cemeteries. 80
130+ (b) Local governments and qualified nonprofit 81
131+organizations, for the purposes of repairing, restoring, and 82
132+maintaining abandoned African-American cemeteries. 83
133+ (3) The division may adopt rules to implement this 84
134+section. 85
135+ Section 2. Section 267.22, Florida Statutes, is created to 86
136+read: 87
137+ 267.22 Historic Cemeteries Program Advisory Council. — 88
138+ (1) The Historic Cemeteries Program Advisory Council, an 89
139+advisory council as defined in s. 20.03(7), is created within 90
140+the division and shall consist of members appointed by the 91
141+Secretary of State after considering the recommendations of the 92
142+director of the division. The council mus t be composed of an 93
143+inclusive group of members who are regionally distributed and 94
144+representative of communities throughout this state. Members 95
145+shall serve 4-year staggered terms. As soon as practicable after 96
146+July 1, 2022, the council shall meet to elect a chair from its 97
147+membership. Except as otherwise provided in this section, the 98
148+council shall operate in a manner consistent with s. 20.052. 99
149+ (2) The council shall provide guidance and recommendations 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-Historic Cemeteries Program c reated under s. 267.21. 101
163- (3) Members of the council shall serve without 102
164-compensation but may receive per diem and reimbursement for 103
165-travel expenses pursuant to s. 112.061. 104
166- Section 3. Subsection (43) of section 497.005, Florida 105
167-Statutes, is amended to read: 106
168- 497.005 Definitions. —As used in this chapter, the term: 107
169- (43) "Legally authorized person" means, in the priority 108
170-listed: 109
171- (a) The decedent, when written inter vivos authorizations 110
172-and directions are provided by the decedent; 111
173- (b) The person desi gnated by the decedent as authorized to 112
174-direct disposition pursuant to Pub. L. No. 109 -163, s. 564, as 113
175-listed on the decedent's United States Department of Defense 114
176-Record of Emergency Data, DD Form 93, or its successor form, if 115
177-the decedent died while in m ilitary service as described in 10 116
178-U.S.C. s. 1481(a)(1) -(8) in any branch of the United States 117
179-Armed Forces, United States Reserve Forces, or National Guard; 118
180- (c) The surviving spouse, unless the spouse has been 119
181-arrested for committing against the decease d an act of domestic 120
182-violence as defined in s. 741.28 that resulted in or contributed 121
183-to the death of the deceased; 122
184- (d) A son or daughter who is 18 years of age or older; 123
185- (e) A parent; 124
186- (f) A brother or sister who is 18 years of age or older; 125
162+to the division regarding the duties and responsibilities of the 101
163+Historic Cemeteries Program created under s. 267.21. 102
164+ (3) Members of the council shall serve without 103
165+compensation but may receive per diem and reimbursement for 104
166+travel expenses pursuant to s. 112.061. 105
167+ Section 3. Subsection (43) of section 497. 005, Florida 106
168+Statutes, is amended to read: 107
169+ 497.005 Definitions. —As used in this chapter, the term: 108
170+ (43) "Legally authorized person" means, in the priority 109
171+listed: 110
172+ (a) The decedent, when written inter vivos authorizations 111
173+and directions are provided b y the decedent; 112
174+ (b) The person designated by the decedent as authorized to 113
175+direct disposition pursuant to Pub. L. No. 109 -163, s. 564, as 114
176+listed on the decedent's United States Department of Defense 115
177+Record of Emergency Data, DD Form 93, or its successor form, if 116
178+the decedent died while in military service as described in 10 117
179+U.S.C. s. 1481(a)(1) -(8) in any branch of the United States 118
180+Armed Forces, United States Reserve Forces, or National Guard; 119
181+ (c) The surviving spouse, unless the spouse has been 120
182+arrested for committing against the deceased an act of domestic 121
183+violence as defined in s. 741.28 that resulted in or contributed 122
184+to the death of the deceased; 123
185+ (d) A son or daughter who is 18 years of age or older; 124
186+ (e) A parent; 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- (g) A grandchild who is 18 years of age or older; 126
200- (h) A grandparent; or 127
201- (i) Any person in the next degree of kinship. 128
202- 129
203-In addition, the term may include, if no family member exists or 130
204-is available, the guardian of the dead person at the time of 131
205-death; the personal representative of the deceased; the attorney 132
206-in fact of the dead person at the time of death; the health 133
207-surrogate of the dead person at the time of death; a public 134
208-health officer; the medical examiner, county commission, or 135
209-administrator acting und er part II of chapter 406 or other 136
210-public administrator; a representative of a nursing home or 137
211-other health care institution in charge of final disposition; or 138
212-a friend or other person , including a member of a representative 139
213-community organization, not listed in this subsection who is 140
214-willing to assume the responsibility as the legally authorized 141
215-person. Where there is a person in any priority class listed in 142
216-this subsection, the funeral establishment shall rely upon the 143
217-authorization of any one legally aut horized person of that class 144
218-if that person represents that she or he is not aware of any 145
219-objection to the cremation of the deceased's human remains by 146
220-others in the same class of the person making the representation 147
221-or of any person in a higher priority c lass. 148
222- Section 4. Subsections (1) and (3) of section 704.06, 149
223-Florida Statutes, are amended to read: 150
199+ (f) A brother or sister who is 18 years of age or older; 126
200+ (g) A grandchild who is 18 years of age or older; 127
201+ (h) A grandparent; or 128
202+ (i) Any person in the next degree of kinship. 129
203+ 130
204+In addition, the term may include, if no family member exists or 131
205+is available, the guardian of the dea d person at the time of 132
206+death; the personal representative of the deceased; the attorney 133
207+in fact of the dead person at the time of death; the health 134
208+surrogate of the dead person at the time of death; a public 135
209+health officer; the medical examiner, county co mmission, or 136
210+administrator acting under part II of chapter 406 or other 137
211+public administrator; a representative of a nursing home or 138
212+other health care institution in charge of final disposition; or 139
213+a friend or other person , including a member of a represent ative 140
214+community organization, not listed in this subsection who is 141
215+willing to assume the responsibility as the legally authorized 142
216+person. Where there is a person in any priority class listed in 143
217+this subsection, the funeral establishment shall rely upon the 144
218+authorization of any one legally authorized person of that class 145
219+if that person represents that she or he is not aware of any 146
220+objection to the cremation of the deceased's human remains by 147
221+others in the same class of the person making the representation 148
222+or of any person in a higher priority class. 149
223+ Section 4. Subsections (1) and (3) of section 704.06, 150
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236- 704.06 Conservation easements; creation; acquisition; 151
237-enforcement.— 152
238- (1) As used in this section, "conservation easement" means 153
239-a right or interest in real property which is appropriate to 154
240-retaining land or water areas predominantly in their natural, 155
241-scenic, open, agricultural, or wooded condition; retaining such 156
242-areas as suitable habitat for fish, plants, or wildlife; 157
243-retaining the structural integrity or physical appearance of 158
244-sites or properties of historical, architectural, 159
245-archaeological, or cultural significance , including abandoned 160
246-and neglected cemeteries that are 50 or more years old ; or 161
247-maintaining existing land uses and which prohibits or limi ts any 162
248-or all of the following: 163
249- (a) Construction or placing of buildings, roads, signs, 164
250-billboards or other advertising, utilities, or other structures 165
251-on or above the ground. 166
252- (b) Dumping or placing of soil or other substance or 167
253-material as landfill or dumping or placing of trash, waste, or 168
254-unsightly or offensive materials. 169
255- (c) Removal or destruction of trees, shrubs, or other 170
256-vegetation. 171
257- (d) Excavation, dredging, or removal of loam, peat, 172
258-gravel, soil, rock, or other material substance in such mann er 173
259-as to affect the surface. 174
260- (e) Surface use except for purposes that permit the land 175
236+Florida Statutes, are amended to read: 151
237+ 704.06 Conservation easements; creation; acquisition; 152
238+enforcement.— 153
239+ (1) As used in this section, "conservation e asement" means 154
240+a right or interest in real property which is appropriate to 155
241+retaining land or water areas predominantly in their natural, 156
242+scenic, open, agricultural, or wooded condition; retaining such 157
243+areas as suitable habitat for fish, plants, or wildlif e; 158
244+retaining the structural integrity or physical appearance of 159
245+sites or properties of historical, architectural, 160
246+archaeological, or cultural significance , including abandoned 161
247+and neglected cemeteries that are 50 or more years old ; or 162
248+maintaining existing land uses and which prohibits or limits any 163
249+or all of the following: 164
250+ (a) Construction or placing of buildings, roads, signs, 165
251+billboards or other advertising, utilities, or other structures 166
252+on or above the ground. 167
253+ (b) Dumping or placing of soil or other substance or 168
254+material as landfill or dumping or placing of trash, waste, or 169
255+unsightly or offensive materials. 170
256+ (c) Removal or destruction of trees, shrubs, or other 171
257+vegetation. 172
258+ (d) Excavation, dredging, or removal of loam, peat, 173
259+gravel, soil, rock, or other material substance in such manner 174
260+as to affect the surface. 175
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273-or water area to remain predominantly in its natural condition. 176
274- (f) Activities detrimental to drainage, flood control, 177
275-water conservation, erosion control, soil conse rvation, or fish 178
276-and wildlife habitat preservation. 179
277- (g) Acts or uses detrimental to such retention of land or 180
278-water areas. 181
279- (h) Acts or uses detrimental to the preservation of the 182
280-structural integrity or physical appearance of sites or 183
281-properties of historical, architectural, archaeological, or 184
282-cultural significance , including abandoned and neglected 185
283-cemeteries that are 50 or more years old . 186
284- (3) Conservation easements may be acquired by any 187
285-governmental body or agency or by a charitable corporation or 188
286-trust whose purposes include protecting natural, scenic, or open 189
287-space values of real property, assuring its availability for 190
288-agricultural, forest, recreational, or open space use, 191
289-protecting natural resources, maintaining or enhancing air or 192
290-water quality, or preserving sites or properties of historical, 193
291-architectural, archaeological, or cultural significance , 194
292-including abandoned and neglected cemeteries that are 50 or more 195
293-years old. 196
294- Section 5. This act shall take effect July 1, 2022. 197
273+ (e) Surface use except for purposes that permit the land 176
274+or water area to remain predominantly in its natural condition. 177
275+ (f) Activities detrimental to drainage, flood control, 178
276+water conservation, erosion control, soil conservation, or fish 179
277+and wildlife habitat preservation. 180
278+ (g) Acts or uses detrimental to such retention of land or 181
279+water areas. 182
280+ (h) Acts or uses detrimental to the preservation of the 183
281+structural integrity or physical app earance of sites or 184
282+properties of historical, architectural, archaeological, or 185
283+cultural significance , including abandoned and neglected 186
284+cemeteries that are 50 or more years old . 187
285+ (3) Conservation easements may be acquired by any 188
286+governmental body or agen cy or by a charitable corporation or 189
287+trust whose purposes include protecting natural, scenic, or open 190
288+space values of real property, assuring its availability for 191
289+agricultural, forest, recreational, or open space use, 192
290+protecting natural resources, maintain ing or enhancing air or 193
291+water quality, or preserving sites or properties of historical, 194
292+architectural, archaeological, or cultural significance , 195
293+including abandoned and neglected cemeteries that are 50 or more 196
294+years old. 197
295+ Section 5. The Legislature shal l appropriate funds for the 198
296+purpose of including abandoned African -American cemeteries in 199
297+this state in the University of South Florida's Black Cemetery 200
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306+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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311+ Section 6. This act shall take effect July 1, 2022. 202