HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 1 of 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
A bill to be entitled 1
An act relating to protection of historical monuments 2
and memorials; providing a short title; providing 3
legislative intent; amending s. 267.0612, F.S.; 4
requiring the Florida Historical Commission to take 5
minutes of its meetings and post such minutes on a 6
specified website within a specified period; creating 7
s. 267.201, F.S.; providing definitions; prohibiting 8
certain acts concerning historical monuments and 9
memorials; providing applicability; providing for 10
damages; providing for standing to bring civil 11
actions; providing exceptions; providing civil 12
penalties for officials who engage in certain actions; 13
providing for removal of such officials in certain 14
circumstances; providing for state funding for 15
restoration of a monument or memorial in certain 16
circumstances; providing for reimbursement of such 17
funds; specifying certain duties of the Department of 18
State, State Historic Preservation Officer, and 19
Florida Historical Commission concerning certain 20
monuments or memorials; requiring public display of a 21
specified statue; providing severability; providing an 22
effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 2 of 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
26
Section 1. This act may be cited as the "Historical 27
Monuments and Memorials Protection Act." 28
Section 2. (1) It is the intent of the Legislature that 29
the State of Florida takes all actions to protect and preserve 30
all historical monuments and memorials from removal, damage, or 31
destruction. The Secretary of State and the State Historic 32
Preservation Officer shall be responsible for ensuring that each 33
nonmilitary Florida monument or memorial is not removed, 34
damaged, or destroyed, regardless of the location of such 35
monument or memorial in t he state or in the United States. The 36
Department of Veterans' Affairs shall have these 37
responsibilities for military monuments and memorials. 38
(2) A local government may only relocate a historical 39
monument or memorial temporarily due to construction and, within 40
a reasonable time but not more than 12 months after the 41
construction project is completed, the historical monument or 42
memorial shall be placed back at the original location or, if 43
that is not possible, as close as possible to the original 44
location in a prominent place for easy and accessible public 45
viewing as determined by the Florida Historical Commission or, 46
for a military monument or memorial, as determined by the 47
executive director of the Department of Veterans' Affairs. A 48
monument or memorial te mporarily relocated for such purpose 49
shall be relocated to a site of similar prominence, honor, 50
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 3 of 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
visibility, and access within the same county or municipality in 51
which the monument or memorial was originally located. 52
(3) The Florida Historical Commission shall provide advice 53
and counsel to the Secretary of State and the State Historic 54
Preservation Officer to ensure the protection of a historical 55
monument or memorial. 56
(4) It is the intent of the Legislature that the state not 57
allow a historical monument or memorial to be removed, damaged, 58
or destroyed. Accurate history belongs to all Floridians in 59
perpetuity. A contextual plaque or marker may be placed near the 60
monument or memorial if the Secretary of State or the executive 61
director of the Department of V eterans' Affairs, as appropriate, 62
and the State Historic Preservation Officer, after consulting 63
with the Florida Historical Commission, decide that such marker 64
provides a more accurate understanding of the monument or 65
memorial. 66
(5) The Legislature finds that an accurate and factual 67
history belongs to all Floridians and future generations and the 68
state has an obligation to protect and preserve such history. 69
Accordingly, the state preempts any local elected officials who 70
may be swayed by undue influence by groups who may feel offended 71
or hurt by certain actions in the history of the state or the 72
nation. It is the intent of the Legislature to protect the 73
expenditure of state funds by preserving historical monuments 74
and memorials. 75
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 4 of 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
Section 3. Subsection (4) of section 267.0612, Florida 76
Statutes, is amended to read: 77
267.0612 Florida Historical Commission; creation; 78
membership; powers and duties. —In order to enhance public 79
participation and involvement in the preservation and protection 80
of the state's histor ic and archaeological sites and properties, 81
there is created within the Department of State the "Florida 82
Historical Commission." The commission shall serve in an 83
advisory capacity to the director of the Division of Historical 84
Resources to assist the direct or in carrying out the purposes, 85
duties, and responsibilities of the division, as specified in 86
this chapter. 87
(4) The commission shall meet upon the call of the 88
presiding officer or Secretary of State, which shall occur at 89
least quarterly. Members shall s erve without pay, but shall be 90
entitled to reimbursement for their expenses in carrying out 91
their official duties, as provided in s. 112.061. The commission 92
shall take minutes of each meeting and post such minutes on the 93
Division of Historical Resources we bsite within 30 days after 94
the meeting. 95
Section 4. Section 267.201, Florida Statutes, is created 96
to read: 97
267.201 Protection of historical monuments and memorials. — 98
(1) As used in this section, the term: 99
(a) "Historic" means persons, places, or events that were 100
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 5 of 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
important in the past or that have continuing relevance in the 101
present. 102
(b) "Memorial" means a plaque, statue, marker, flag, 103
banner, cenotaph, religious symbol, painting, seal, tombstone, 104
structure name, or display constructed and located with the 105
intent of being permanently displayed or perpetually maintained 106
which is dedicated to a historic person, entity, event, or 107
series of events, or which honors or recounts the military 108
service of any past or present military personnel. 109
(c) "Military monument or memorial" includes a monument or 110
memorial that features a historic person, entity, event, or 111
series of events and that honors or recounts the military 112
service of any past or present military person nel, including any 113
armed conflict since settlers from other countries came to what 114
is now the United States. The Department of Veterans' Affairs 115
shall use this definition in consulting with the Secretary of 116
State or the State Historic Preservation Officer on any 117
monuments or memorials. 118
(d) "Monument" means a permanent structure such as a 119
marker, statue, sculpture, plaque, or other object, including a 120
tree or other living plant, placed in remembrance or recognition 121
of a significant person or event in state history. 122
(2)(a) A person or an entity may not take or remove a 123
monument or memorial displayed on public property without 124
authorization from the owner of such monument or memorial or 125
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 6 of 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
commit any act that would constitute a violation of s. 806.135. 126
If the owner of the monument or memorial cannot be determined, 127
permission may be given by a group or person described in 128
subsection (4). If no such group or person is found, the owner 129
of the land may seek to acquire ownership of the monument or 130
memorial through adverse possession. 131
(b) This section applies to any monuments or memorials 132
that have been removed, damaged, or destroyed on or after 133
January 1, 2017. 134
(3) A person or an entity that violates subsection (2) is 135
liable for treble the amount of the full cos t to return, repair, 136
or replace such monument or memorial or to remove an object that 137
violates paragraph (2)(b) and may be subject to punitive 138
damages. 139
(4) The following have standing to bring a civil action in 140
the circuit court in the county in which th e monument or 141
memorial was located for any violation of subsection (2): 142
(a) A group involved in the design, erection, or care of 143
the monument or memorial or a member of such a group. 144
(b) A group or person regularly using the monument or 145
memorial for remembrance. 146
(5) An agency may only relocate a monument or memorial 147
temporarily due to construction, expansion, or alteration of a 148
public building, road, street, or highway, or any other 149
construction or infrastructure project and, within a reasonable 150
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 7 of 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
time but not more than 12 months after the construction project 151
is completed, the monument or memorial shall be placed back at 152
the original location or, if that is not possible, as close as 153
possible to the original location in a prominent place for easy 154
and accessible public viewing. A monument or memorial 155
temporarily relocated for such purpose shall be relocated to a 156
site of similar prominence, honor, visibility, and access within 157
the same county or municipality in which the monument or 158
memorial was originally located. 159
(6)(a) Any official, agent, or member of a local 160
government who directs, permits, facilitates, or votes to remove 161
or destroy a monument or memorial is subject to a civil penalty 162
of up to $5,000, or the actual cost of the removal and 163
replacement of the monument or memorial, including repairs that 164
may be necessitated due to the relocation and replacement, 165
whichever is greater. Such penalty shall be paid from the 166
official's, agent's, or member's personal funds without any 167
reimbursement from any othe r entity. 168
(b) An elected official acting in his or her official 169
capacity who knowingly and willfully violates this section is 170
subject to removal from office by the Governor. 171
(7)(a) If the Florida Historical Commission or, for a 172
military monument or mem orial, the executive director of the 173
Department of Veterans' Affairs, decides that the monument or 174
memorial should be displayed, the local government proposing to 175
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 8 of 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
remove or destroy the monument or memorial shall put into an 176
escrow account the good -faith estimate of the funds necessary to 177
replace the monument or memorial and the Florida Historical 178
Commission or, for a military monument or memorial, the 179
executive director of the Department of Veterans' Affairs shall 180
provide advice on the relocation. 181
(b) If a monument or memorial is removed, damaged, or 182
destroyed by a local government, the local government shall be 183
liable for restoring the monument or memorial to its original 184
condition or as close as possible to the original condition. If 185
the local government does not have the necessary funds, the 186
state shall restore the monument or memorial and the Department 187
of State shall withhold from the local government all arts, 188
cultural, and historic preservation funding until the local 189
government reimburses the state for the cost of restoring the 190
monument or memorial and all such funds shall again be available 191
to the local government once the state is repaid. 192
(8)(a) The Department of State has the authority and 193
responsibility to actively work to protect and preserve a 194
monument or memorial anywhere in the United States which has the 195
state seal, the name of the state, or a direct connection with 196
state history. 197
(b)1. The State Historic Preservation Officer or, for a 198
military monument or memorial, the executive director of the 199
Department of Veterans' Affairs, shall take any issue regarding 200
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 9 of 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
protecting or preserving a monument or memorial to the Florida 201
Historical Commission for authorization to take action, to defer 202
making a decision, or to not make a decision, regardless of his 203
or her recommendation as to whether action needs to be taken. 204
2. The minutes of the commission must record any vote and 205
the reasons of the commission for the authorization to take 206
action, to defer making a decision, or to not make a decision. 207
The executive director of the Department of Veterans' Affairs 208
shall make a written record of his or her decision to take 209
action, to defer making a decision, or to not make a decision 210
and the reasons therefor. 211
Section 5. A statue that was formerly in the N ational 212
Statuary Hall Collection in the United States Capitol shall be 213
made available by the Department of State for public display by 214
Robert Grenier, of Tavares, who in 2018 was awarded the right to 215
exhibit the statue anywhere in Lake County so long as ad mission 216
is free. By July 1, 2025, if Robert Grenier cannot locate a 217
suitable site for the statue, the Secretary of State, in 218
consultation with the Department of Veterans' Affairs, shall 219
determine an appropriate location for viewing for free the 220
statue anywhere in the state. The state shall be responsible for 221
all costs of removing the statue from the R.A. Gray Museum, 222
transporting the statue to its future location, removing the 223
statue from the transport, and placing the statue on a suitable 224
pedestal inside a structure that provides protection from the 225
HB 395 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 10 of 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
weather. 226
Section 6. If any provision of this act or its application 227
to any person or circumstances is held invalid, the invalidity 228
does not affect other provisions or applications of this act 229
which can be given effect without the invalid provision or 230
application, and to this end the provisions of this act are 231
severable. 232
Section 7. This act shall take effect July 1, 2024. 233