HB 1607 2023
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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
A bill to be entitled 1
An act relating to protection of historical monuments 2
and memorials; providing a short title; creating s. 3
265.401, F.S.; defining the term "memorial"; 4
prohibiting certain acts concerning historical 5
monuments and memorials; prohibiting the addition of 6
certain signs or other objects on or adjacent to a 7
memorial; providing for damages; providing for 8
standing to bring civil actions; providing exceptions; 9
providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. This act may be cited as the "Historical 14
Monuments and Memorials Protection Act." 15
Section 2. Section 265.401, Florida Statutes, is created 16
to read: 17
265.401 Protection of historical monuments and memorials. — 18
(1) As used in this section, the term "memorial" means a 19
plaque, statue, marker, flag, banner, cenotaph, religious 20
symbol, painting, seal, tombstone, structure name, or display 21
constructed and located with the intent of being permanently 22
displayed or perpetually maintained which is dedicated to a 23
historic person, entity, event, or series of events and which 24
honors or recounts the military service of any past or present 25
HB 1607 2023
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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
military personnel, or pa st or present public service, of a 26
resident of this state or another part of the United States. 27
(2)(a) A person or an entity may not take or remove a 28
monument or memorial displayed on publicly owned property 29
without authorization from the owner of the me morial or monument 30
or commit any act constituting a violation of s. 806.135. 31
(b) A plaque, sign, picture, notice, or any other object 32
used to convey information may not be placed on or adjacent to a 33
memorial in existence on or before January 1, 2022, wit hout the 34
express written approval of the Secretary of State. 35
(3) A person or an entity that violates subsection (2) is 36
liable for treble the amount of the full cost to return, repair, 37
or replace such monument or memorial or to remove an object 38
violating paragraph (2)(b) and may be subject to punitive 39
damages. 40
(4) A public entity owning a monument or memorial, a legal 41
resident of the state, or an entity the purpose of which is 42
historic preservation shall have standing to bring a civil 43
action in the circuit court in the county in which the monument 44
or memorial was located for any violation of subsection (2). 45
(5) This section does not prevent an agency from 46
relocating a monument or memorial when relocation is necessary 47
for construction, expansion, or alte ration of publicly owned 48
buildings, roads, streets, highways, or other transportation 49
projects. A monument or memorial relocated for such purpose 50
HB 1607 2023
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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
shall be relocated to a site of similar prominence, honor, 51
visibility, and access within the same county or mu nicipality in 52
which the monument or memorial was originally located. 53
Section 3. This act shall take effect July 1, 2023. 54