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| 3 | + | HB 1607 2023 | |
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| 7 | 7 | CODING: Words stricken are deletions; words underlined are additions. | |
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| 9 | 9 | Page 1 of 3 | |
| 10 | 10 | 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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| 12 | 12 | ||
| 13 | 13 | ||
| 14 | 14 | A bill to be entitled 1 | |
| 15 | 15 | An act relating to protection of historical monuments 2 | |
| 16 | 16 | and memorials; providing a short title; creating s. 3 | |
| 17 | - | ||
| 17 | + | 265.401, F.S.; defining the term "memorial"; 4 | |
| 18 | 18 | prohibiting certain acts concerning historical 5 | |
| 19 | 19 | monuments and memorials; prohibiting the addition of 6 | |
| 20 | 20 | certain signs or other objects on or adjacent to a 7 | |
| 21 | 21 | memorial; providing for damages; providing for 8 | |
| 22 | 22 | standing to bring civil actions; providing exceptions; 9 | |
| 23 | 23 | providing an effective date. 10 | |
| 24 | 24 | 11 | |
| 25 | 25 | Be It Enacted by the Legislature of the State of Florida: 12 | |
| 26 | 26 | 13 | |
| 27 | 27 | Section 1. This act may be cited as the "Historical 14 | |
| 28 | 28 | Monuments and Memorials Protection Act." 15 | |
| 29 | - | Section 2. Section | |
| 29 | + | Section 2. Section 265.401, Florida Statutes, is created 16 | |
| 30 | 30 | to read: 17 | |
| 31 | - | | |
| 31 | + | 265.401 Protection of historical monuments and memorials. — 18 | |
| 32 | 32 | (1) As used in this section, the term "memorial" means a 19 | |
| 33 | 33 | plaque, statue, marker, flag, banner, cenotaph, religious 20 | |
| 34 | 34 | symbol, painting, seal, tombstone, structure name, or display 21 | |
| 35 | 35 | constructed and located with the intent of being permanently 22 | |
| 36 | 36 | displayed or perpetually maintained which is dedicated to a 23 | |
| 37 | 37 | historic person, entity, event, or series of events and which 24 | |
| 38 | 38 | honors or recounts the military service of any past or present 25 | |
| 39 | 39 | ||
| 40 | - | ||
| 40 | + | HB 1607 2023 | |
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| 43 | 43 | ||
| 44 | 44 | CODING: Words stricken are deletions; words underlined are additions. | |
| 45 | - | hb1607- | |
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| 46 | 46 | Page 2 of 3 | |
| 47 | 47 | 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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| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | military personnel, or pa st or present public service, of a 26 | |
| 52 | 52 | resident of this state or another part of the United States. 27 | |
| 53 | 53 | (2)(a) A person or an entity may not take or remove a 28 | |
| 54 | 54 | monument or memorial displayed on publicly owned property 29 | |
| 55 | 55 | without authorization from the owner of the me morial or monument 30 | |
| 56 | 56 | or commit any act constituting a violation of s. 806.135. 31 | |
| 57 | 57 | (b) A plaque, sign, picture, notice, or any other object 32 | |
| 58 | - | used to convey information may not be placed on a | |
| 59 | - | existence on or before January 1, 2022, | |
| 60 | - | written approval of the Secretary of State. 35 | |
| 58 | + | used to convey information may not be placed on or adjacent to a 33 | |
| 59 | + | memorial in existence on or before January 1, 2022, wit hout the 34 | |
| 60 | + | express written approval of the Secretary of State. 35 | |
| 61 | 61 | (3) A person or an entity that violates subsection (2) is 36 | |
| 62 | 62 | liable for treble the amount of the full cost to return, repair, 37 | |
| 63 | 63 | or replace such monument or memorial or to remove an object 38 | |
| 64 | 64 | violating paragraph (2)(b) and may be subject to punitive 39 | |
| 65 | 65 | damages. 40 | |
| 66 | 66 | (4) A public entity owning a monument or memorial, a legal 41 | |
| 67 | - | resident of the state, or | |
| 68 | - | historic preservation | |
| 67 | + | resident of the state, or an entity the purpose of which is 42 | |
| 68 | + | historic preservation shall have standing to bring a civil 43 | |
| 69 | 69 | action in the circuit court in the county in which the monument 44 | |
| 70 | 70 | or memorial was located for any violation of subsection (2). 45 | |
| 71 | - | (5) | |
| 72 | - | memorial when relocation is necessary | |
| 73 | - | expansion, or | |
| 74 | - | streets, highways, or other transportation | |
| 75 | - | or memorial relocated for such purpose | |
| 71 | + | (5) This section does not prevent an agency from 46 | |
| 72 | + | relocating a monument or memorial when relocation is necessary 47 | |
| 73 | + | for construction, expansion, or alte ration of publicly owned 48 | |
| 74 | + | buildings, roads, streets, highways, or other transportation 49 | |
| 75 | + | projects. A monument or memorial relocated for such purpose 50 | |
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| 77 | - | ||
| 77 | + | HB 1607 2023 | |
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| 81 | 81 | CODING: Words stricken are deletions; words underlined are additions. | |
| 82 | - | hb1607- | |
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| 84 | 84 | 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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| 86 | 86 | ||
| 87 | 87 | ||
| 88 | - | site of similar prominence, honor, | |
| 89 | - | the same county or | |
| 90 | - | memorial was originally located. 53 | |
| 88 | + | shall be relocated to a site of similar prominence, honor, 51 | |
| 89 | + | visibility, and access within the same county or mu nicipality in 52 | |
| 90 | + | which the monument or memorial was originally located. 53 | |
| 91 | 91 | Section 3. This act shall take effect July 1, 2023. 54 |