Florida Senate - 2023 SB 1096 By Senator Martin 33-00987-23 20231096__ 1 A bill to be entitled 2 An act relating to monuments and memorials; providing 3 a short title; amending s. 265.283, F.S.; defining the 4 term memorial; conforming a provision to changes 5 made by the act; creating s. 265.710, F.S.; providing 6 that a person or an entity that damages, defaces, 7 destroys, or removes a monument or memorial is liable 8 for treble the costs to return, repair, or replace the 9 monument or memorial; providing an exception; 10 declaring that specified persons or entities have 11 standing to bring a civil action against a person or 12 entity that damages, defaces, destroys, removes, or 13 performs other specified actions toward a monument or 14 memorial; providing applicability; prohibiting the 15 placement of specified objects on or near a memorial 16 that existed before a specified date; 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 Historical 22 Monuments and Memorials Protection Act. 23 Section 2.Section 265.283, Florida Statutes, is amended to 24 read: 25 265.283Definitions.The following definitions shall apply 26 to ss. 265.281-265.710 ss. 265.281-265.703: 27 (1)Arts and cultural disciplines include, but are not 28 limited to, music, dance, theatre, creative writing, literature, 29 architecture, painting, sculpture, folk arts, photography, 30 crafts, media arts, visual arts, programs of museums, and other 31 such allied, major art forms. 32 (2)Arts in education grants means grants used to 33 cultivate the learning and artistic development of all students 34 and teachers by promoting, encouraging, and supporting arts and 35 culture as an integral part of education and lifelong learning 36 for residents and visitors. 37 (3)Council means the Florida Council on Arts and 38 Culture. 39 (4)Cultural support grants means grants that provide 40 support for general programs and specific cultural projects. 41 (5)Culture Builds Florida grants means grants used for 42 the purpose of connecting the arts to key areas of the 43 divisions long-term strategic plan. 44 (6)Department means the Department of State. 45 (7)Director means the Director of the Division of Arts 46 and Culture of the Department of State. 47 (8)Division means the Division of Arts and Culture of 48 the Department of State. 49 (9)Folklife means the traditional expressive culture 50 shared within the various groups in Florida: familial, ethnic, 51 occupational, religious, and regional. Expressive culture 52 includes a wide range of creative and symbolic forms such as 53 custom, belief, technical skill, language, literature, art, 54 architecture, music, play, dance, drama, ritual, pageantry, and 55 handicraft, which forms are generally learned orally, by 56 imitation, or in performance and are maintained or perpetuated 57 without formal instruction or institutional direction. 58 (10)Historical museum means a department or agency of 59 state or local government or a public or private nonprofit 60 organization located in Florida and operating on a permanent 61 basis for the primary purpose of sponsoring, producing, and 62 exhibiting educational programs that are related to the 63 historical resources of Florida. 64 (11)Local arts agency means a public or private 65 nonprofit organization located in Florida and operating on a 66 permanent basis for the primary purpose of strengthening, 67 supporting, and stabilizing the activities of one or more county 68 art and cultural constituencies. 69 (12)Memorial means a plaque, statue, marker, flag, 70 banner, cenotaph, religious symbol, painting, seal, tombstone, 71 structure name, or display that is constructed, placed or 72 located with the intent of being permanently displayed or 73 perpetually maintained, that is dedicated to a historical 74 person, entity, event, or series of events, and that honors or 75 recounts the military service of any past or present military 76 personnel or the past or present public service of a resident of 77 the geographical area comprising this state or the United States 78 of America. 79 (13)Panel means a grant review panel. 80 (14)(13)Science museum means a public or private 81 nonprofit organization located in Florida and operating on a 82 permanent basis for the primary purpose of sponsoring, 83 producing, and exhibiting programs for the observation and study 84 of various types of natural science and science technology. 85 (15)(14)Secretary means the Secretary of State. 86 (16)(15)State service organization means a public or 87 private nonprofit organization located in Florida operating on a 88 permanent basis for the primary purpose of implementing programs 89 that have cultural significance and that emphasize American 90 creativity and the maintenance and encouragement of professional 91 excellence. 92 (17)(16)State touring program grants means grants used 93 to provide performances, activities, and exhibitions by Florida 94 artists to communities. 95 (18)(17)Underserved arts community assistance program 96 grants means grants used by qualified organizations under the 97 Rural Economic Development Initiative, pursuant to ss. 288.0656 98 and 288.06561, for the purpose of economic and organizational 99 development for underserved cultural organizations. 100 (19)(18)Youth and childrens museum means a public or 101 private nonprofit organization located in Florida and operating 102 on a permanent basis for the primary purpose of sponsoring, 103 producing, and exhibiting multidisciplinary and participatory 104 programs for visitors who are 6 months to 15 years old, and 105 their families, teachers, and caregivers. 106 Section 3.Section 265.710, Florida Statutes, is created to 107 read: 108 265.710Civil liability. 109 (1)Any person or entity that damages, defaces, destroys, 110 or removes a monument or memorial displayed on publicly owned 111 property is liable for treble the amount of the full cost to 112 return, repair, or replace the monument or memorial and may be 113 subject to punitive damages unless the person or entity was 114 authorized to alter, move, repair, or replace the monument or 115 memorial by the public entity that owns it. 116 (2)A public entity that owns a monument or memorial, any 117 legal resident of this state, or any entity whose purpose is 118 historic preservation has standing to bring a civil action for 119 damages in the circuit court in the county in which a monument 120 or memorial has been damaged, defaced, destroyed, or removed or 121 for any act prohibited by s. 806.135. 122 (3)This section does not prevent an agency from relocating 123 a monument or memorial when relocation is necessary for the 124 construction, expansion, or alteration of publicly owned 125 buildings, roads, streets, highways, or other transportation 126 projects. Any monument or memorial relocated for such purpose 127 must be relocated to a site of similar prominence, honor, 128 visibility, and access within the same county or municipality in 129 which the monument or memorial was originally placed or located. 130 (4)A plaque, sign, picture, notice, or any other object 131 used to convey information may not be placed on or near a 132 monument or memorial in existence on or before January 1, 2022, 133 without the express written approval of the secretary. 134 Section 4.This act shall take effect July 1, 2023.