| 15 | | - | An act relating to protection of historic monuments 2 |
|---|
| 16 | | - | and memorials; providing a short title; creating s. 3 |
|---|
| 17 | | - | 267.201, F.S.; providing definitions; providing 4 |
|---|
| 18 | | - | legislative intent; prohibiting certain acts 5 |
|---|
| 19 | | - | concerning historic monuments and memorials on public 6 |
|---|
| 20 | | - | property; providing applicability; providing for 7 |
|---|
| 21 | | - | standing to bring civil actions; providing exceptions; 8 |
|---|
| 22 | | - | providing civil penalties for certain officials who 9 |
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| 23 | | - | engage in certain actions; providing that a local 10 |
|---|
| 24 | | - | government is liable in certain instances; requiring 11 |
|---|
| 25 | | - | the state to restore or relocate a monument or 12 |
|---|
| 26 | | - | memorial in certain circumstances; prohibiting the 13 |
|---|
| 27 | | - | distribution of certain funding to local governments 14 |
|---|
| 28 | | - | until they reimburse the state; authorizing the 15 |
|---|
| 29 | | - | removal or temporary relocation of a monument or 16 |
|---|
| 30 | | - | memorial in certain instances provided certain 17 |
|---|
| 31 | | - | requirements are met; specifying certain duties of the 18 |
|---|
| 32 | | - | Division of Historical Resources within the Department 19 |
|---|
| 33 | | - | of State and Department of Veterans' Affairs 20 |
|---|
| 34 | | - | concerning certain monuments or memorials; providing 21 |
|---|
| 35 | | - | for rulemaking; providing an effective date. 22 |
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| 36 | | - | 23 |
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| 37 | | - | Be It Enacted by the Legislature of the State of Florida: 24 |
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| 38 | | - | 25 |
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| 15 | + | An act relating to protection of historical monuments 2 |
|---|
| 16 | + | and memorials; providing a short title; providing 3 |
|---|
| 17 | + | legislative intent; amending s. 267.0612, F.S.; 4 |
|---|
| 18 | + | requiring the Florida Historical Commission to take 5 |
|---|
| 19 | + | minutes of its meetings and post such minutes on a 6 |
|---|
| 20 | + | specified website within a specified period; creating 7 |
|---|
| 21 | + | s. 267.201, F.S.; providing definitions; prohibiting 8 |
|---|
| 22 | + | certain acts concerning historical monuments and 9 |
|---|
| 23 | + | memorials; providing applicability; providing for 10 |
|---|
| 24 | + | damages; providing for standing to bring civil 11 |
|---|
| 25 | + | actions; providing exceptions; providing civil 12 |
|---|
| 26 | + | penalties for officials who engage in certain actions; 13 |
|---|
| 27 | + | providing for removal of such officials in certain 14 |
|---|
| 28 | + | circumstances; providing for state funding for 15 |
|---|
| 29 | + | restoration of a monument or memorial in certain 16 |
|---|
| 30 | + | circumstances; providing for reimbursement of such 17 |
|---|
| 31 | + | funds; specifying certain duties of the Department of 18 |
|---|
| 32 | + | State, State Historic Preservation Officer, and 19 |
|---|
| 33 | + | Florida Historical Commission concerning certain 20 |
|---|
| 34 | + | monuments or memorials; requiring public display of a 21 |
|---|
| 35 | + | specified statue; providing severability; providing an 22 |
|---|
| 36 | + | effective date. 23 |
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| 37 | + | 24 |
|---|
| 38 | + | Be It Enacted by the Legislature of the State of Florida: 25 |
|---|
| 51 | | - | Section 1. This act may be cited as the "Historic Florida 26 |
|---|
| 52 | | - | Monuments and Memorials Protection Act." 27 |
|---|
| 53 | | - | Section 2. Section 267.201, Florida Statutes, is created 28 |
|---|
| 54 | | - | to read: 29 |
|---|
| 55 | | - | 267.201 Protection of historic monuments and memorials. — 30 |
|---|
| 56 | | - | (1) As used in this section, the term: 31 |
|---|
| 57 | | - | (a) "Department" means the Departme nt of State. 32 |
|---|
| 58 | | - | (b) "Division" means the Division of Historical Resources 33 |
|---|
| 59 | | - | within the department. 34 |
|---|
| 60 | | - | (c) "Historic Florida military monument or memorial" means 35 |
|---|
| 61 | | - | a historic Florida monument or memorial that honors or recounts 36 |
|---|
| 62 | | - | the military service of any past or present military personnel, 37 |
|---|
| 63 | | - | including any armed conflict since settlers from other countries 38 |
|---|
| 64 | | - | came to what is now the United States. 39 |
|---|
| 65 | | - | (d) "Historic Florida monument or memorial" means a 40 |
|---|
| 66 | | - | permanent statue, marker, plaque, flag, banner, cenotaph, 41 |
|---|
| 67 | | - | religious symbol, painting, seal, tombstone, or display 42 |
|---|
| 68 | | - | constructed and located on public property which has been 43 |
|---|
| 69 | | - | displayed for at least 25 years, with the intent of being 44 |
|---|
| 70 | | - | permanently displayed or perpetually maintained and which is 45 |
|---|
| 71 | | - | dedicated to any persons, places, or events that were important 46 |
|---|
| 72 | | - | in the past or that are in remembrance or recognition of a 47 |
|---|
| 73 | | - | significant person or event in state history. 48 |
|---|
| 74 | | - | (e) "Local government" means any municipality, county, 49 |
|---|
| 75 | | - | school district, state college, state university, or any other 50 |
|---|
| 51 | + | 26 |
|---|
| 52 | + | Section 1. This act may be cited as the "Historical 27 |
|---|
| 53 | + | Monuments and Memorials Protection Act." 28 |
|---|
| 54 | + | Section 2. (1) It is the intent of the Legislature that 29 |
|---|
| 55 | + | the State of Florida takes all actions to protect and preserve 30 |
|---|
| 56 | + | all historical monuments and memorials from removal, damage, or 31 |
|---|
| 57 | + | destruction. The Secretary of State and the State Historic 32 |
|---|
| 58 | + | Preservation Officer shall be responsible for ensuring that each 33 |
|---|
| 59 | + | nonmilitary Florida monument or memorial is not removed, 34 |
|---|
| 60 | + | damaged, or destroyed, regardless of the location of such 35 |
|---|
| 61 | + | monument or memorial in t he state or in the United States. The 36 |
|---|
| 62 | + | Department of Veterans' Affairs shall have these 37 |
|---|
| 63 | + | responsibilities for military monuments and memorials. 38 |
|---|
| 64 | + | (2) A local government may only relocate a historical 39 |
|---|
| 65 | + | monument or memorial temporarily due to construction and, within 40 |
|---|
| 66 | + | a reasonable time but not more than 12 months after the 41 |
|---|
| 67 | + | construction project is completed, the historical monument or 42 |
|---|
| 68 | + | memorial shall be placed back at the original location or, if 43 |
|---|
| 69 | + | that is not possible, as close as possible to the original 44 |
|---|
| 70 | + | location in a prominent place for easy and accessible public 45 |
|---|
| 71 | + | viewing as determined by the Florida Historical Commission or, 46 |
|---|
| 72 | + | for a military monument or memorial, as determined by the 47 |
|---|
| 73 | + | executive director of the Department of Veterans' Affairs. A 48 |
|---|
| 74 | + | monument or memorial te mporarily relocated for such purpose 49 |
|---|
| 75 | + | shall be relocated to a site of similar prominence, honor, 50 |
|---|
| 88 | | - | political subdivision of the state. 51 |
|---|
| 89 | | - | (2)(a) It is the intent of the Legislature to declare void 52 |
|---|
| 90 | | - | all ordinances, regulations, and executive actions regarding the 53 |
|---|
| 91 | | - | removal, damage, or destruction of historic Florida monuments or 54 |
|---|
| 92 | | - | memorials which have been en acted by any local government. 55 |
|---|
| 93 | | - | (b) It is also the intent of the Legislature that the 56 |
|---|
| 94 | | - | state act to protect each historic Florida monument or memorial 57 |
|---|
| 95 | | - | from removal, damage, or destruction. The Legislature finds that 58 |
|---|
| 96 | | - | an accurate and factual history belongs to all Floridians and 59 |
|---|
| 97 | | - | future generations and the state has an obligation to protect 60 |
|---|
| 98 | | - | and preserve such history. 61 |
|---|
| 99 | | - | (c) Further, it is the intent of the Legislature to 62 |
|---|
| 100 | | - | provide statewide uniformity through the division. It is also 63 |
|---|
| 101 | | - | the Legislature's intent tha t the division actively work to 64 |
|---|
| 102 | | - | protect, preserve, and ensure that each historic Florida 65 |
|---|
| 103 | | - | monument or memorial is not removed, damaged, or destroyed, 66 |
|---|
| 104 | | - | regardless of the location of such monument or memorial in the 67 |
|---|
| 105 | | - | state and consult with the Department of Vet erans' Affairs on 68 |
|---|
| 106 | | - | actions regarding historic Florida military monuments or 69 |
|---|
| 107 | | - | memorials. 70 |
|---|
| 108 | | - | (3) The state occupies the whole field of removal, damage, 71 |
|---|
| 109 | | - | or destruction of historic Florida monuments or memorials to the 72 |
|---|
| 110 | | - | exclusion of any existing or future local government ordinance, 73 |
|---|
| 111 | | - | regulation, or rule, or any action by an elected or appointed 74 |
|---|
| 112 | | - | local government official, and any such ordinances, regulations, 75 |
|---|
| 88 | + | visibility, and access within the same county or municipality in 51 |
|---|
| 89 | + | which the monument or memorial was originally located. 52 |
|---|
| 90 | + | (3) The Florida Historical Commission shall provide advice 53 |
|---|
| 91 | + | and counsel to the Secretary of State and the State Historic 54 |
|---|
| 92 | + | Preservation Officer to ensure the protection of a historical 55 |
|---|
| 93 | + | monument or memorial. 56 |
|---|
| 94 | + | (4) It is the intent of the Legislature that the state not 57 |
|---|
| 95 | + | allow a historical monument or memorial to be removed, damaged, 58 |
|---|
| 96 | + | or destroyed. Accurate history belongs to all Floridians in 59 |
|---|
| 97 | + | perpetuity. A contextual plaque or marker may be placed near the 60 |
|---|
| 98 | + | monument or memorial if the Secretary of State or the executive 61 |
|---|
| 99 | + | director of the Department of V eterans' Affairs, as appropriate, 62 |
|---|
| 100 | + | and the State Historic Preservation Officer, after consulting 63 |
|---|
| 101 | + | with the Florida Historical Commission, decide that such marker 64 |
|---|
| 102 | + | provides a more accurate understanding of the monument or 65 |
|---|
| 103 | + | memorial. 66 |
|---|
| 104 | + | (5) The Legislature finds that an accurate and factual 67 |
|---|
| 105 | + | history belongs to all Floridians and future generations and the 68 |
|---|
| 106 | + | state has an obligation to protect and preserve such history. 69 |
|---|
| 107 | + | Accordingly, the state preempts any local elected officials who 70 |
|---|
| 108 | + | may be swayed by undue influence by groups who may feel offended 71 |
|---|
| 109 | + | or hurt by certain actions in the history of the state or the 72 |
|---|
| 110 | + | nation. It is the intent of the Legislature to protect the 73 |
|---|
| 111 | + | expenditure of state funds by preserving historical monuments 74 |
|---|
| 112 | + | and memorials. 75 |
|---|
| 125 | | - | rules, or actions are void. 76 |
|---|
| 126 | | - | (4)(a) Any local government or elec ted or appointed local 77 |
|---|
| 127 | | - | government official who violates the Legislature's occupation of 78 |
|---|
| 128 | | - | the whole field of removal, damage, or destruction of historic 79 |
|---|
| 129 | | - | Florida monuments or memorials by enacting or enforcing any 80 |
|---|
| 130 | | - | local ordinance, regulation, or rule impingin g upon such 81 |
|---|
| 131 | | - | exclusive occupation of the field shall be liable as provided in 82 |
|---|
| 132 | | - | this subsection. 83 |
|---|
| 133 | | - | (b) If a local government violates paragraph (a), the 84 |
|---|
| 134 | | - | court shall declare the ordinance, regulation, or rule invalid 85 |
|---|
| 135 | | - | and issue a permanent injunction against th e local government 86 |
|---|
| 136 | | - | prohibiting it from enforcing such ordinance, regulation, or 87 |
|---|
| 137 | | - | rule. It is no defense that in enacting the ordinance, 88 |
|---|
| 138 | | - | regulation, or rule the local government was acting in good 89 |
|---|
| 139 | | - | faith or upon advice of counsel. 90 |
|---|
| 140 | | - | (c) The court shall assess a civil fine of up to $1,000 91 |
|---|
| 141 | | - | against an elected or appointed local government official who 92 |
|---|
| 142 | | - | knowingly and willfully violates paragraph (a). 93 |
|---|
| 143 | | - | (d) Except as required by applicable law, public funds may 94 |
|---|
| 144 | | - | not be used to defend or reimburse the unlawful conduct of an 95 |
|---|
| 145 | | - | elected or appointed local government official found to have 96 |
|---|
| 146 | | - | knowingly and willfully violated paragraph (a). 97 |
|---|
| 147 | | - | (e)1. A person or an organization described in 98 |
|---|
| 148 | | - | subparagraph 2. may file suit against a local government or an 99 |
|---|
| 149 | | - | elected or appointed local g overnment official in any court of 100 |
|---|
| 125 | + | Section 3. Subsection (4) of section 267.0612, Florida 76 |
|---|
| 126 | + | Statutes, is amended to read: 77 |
|---|
| 127 | + | 267.0612 Florida Historical Commission; creation; 78 |
|---|
| 128 | + | membership; powers and duties. —In order to enhance public 79 |
|---|
| 129 | + | participation and involvement in the preservation and protection 80 |
|---|
| 130 | + | of the state's histor ic and archaeological sites and properties, 81 |
|---|
| 131 | + | there is created within the Department of State the "Florida 82 |
|---|
| 132 | + | Historical Commission." The commission shall serve in an 83 |
|---|
| 133 | + | advisory capacity to the director of the Division of Historical 84 |
|---|
| 134 | + | Resources to assist the direct or in carrying out the purposes, 85 |
|---|
| 135 | + | duties, and responsibilities of the division, as specified in 86 |
|---|
| 136 | + | this chapter. 87 |
|---|
| 137 | + | (4) The commission shall meet upon the call of the 88 |
|---|
| 138 | + | presiding officer or Secretary of State, which shall occur at 89 |
|---|
| 139 | + | least quarterly. Members shall s erve without pay, but shall be 90 |
|---|
| 140 | + | entitled to reimbursement for their expenses in carrying out 91 |
|---|
| 141 | + | their official duties, as provided in s. 112.061. The commission 92 |
|---|
| 142 | + | shall take minutes of each meeting and post such minutes on the 93 |
|---|
| 143 | + | Division of Historical Resources we bsite within 30 days after 94 |
|---|
| 144 | + | the meeting. 95 |
|---|
| 145 | + | Section 4. Section 267.201, Florida Statutes, is created 96 |
|---|
| 146 | + | to read: 97 |
|---|
| 147 | + | 267.201 Protection of historical monuments and memorials. — 98 |
|---|
| 148 | + | (1) As used in this section, the term: 99 |
|---|
| 149 | + | (a) "Historic" means persons, places, or events that were 100 |
|---|
| 162 | | - | this state having jurisdiction over the defendant to the suit 101 |
|---|
| 163 | | - | for declaratory or injunctive relief and for actual damages, as 102 |
|---|
| 164 | | - | limited herein, caused by the violation. A court shall award a 103 |
|---|
| 165 | | - | prevailing plaintiff in any such suit: 104 |
|---|
| 166 | | - | a. Reasonable attorney fees and costs in accordance with 105 |
|---|
| 167 | | - | the laws of this state; and 106 |
|---|
| 168 | | - | b. The actual damages incurred, but not more than 107 |
|---|
| 169 | | - | $100,000. 108 |
|---|
| 170 | | - | 2. The following have standing to bring a civil action 109 |
|---|
| 171 | | - | for any violation of paragraph (a): 110 |
|---|
| 172 | | - | a. A group involved in the design, erection, or care of 111 |
|---|
| 173 | | - | the monument or memorial or a member of such a group. 112 |
|---|
| 174 | | - | b. A group or person regularly using the monument or 113 |
|---|
| 175 | | - | memorial for remembrance. 114 |
|---|
| 176 | | - | (5) If a historic Florida monument or memorial is removed, 115 |
|---|
| 177 | | - | damaged, or destroyed by a local government in violation of 116 |
|---|
| 178 | | - | paragraph (4)(a), the local government is liable for restoring 117 |
|---|
| 179 | | - | or relocating such monument or memorial to its original 118 |
|---|
| 180 | | - | condition or location or as close as possible to the original 119 |
|---|
| 181 | | - | condition or location w ithin 3 years after the date of the 120 |
|---|
| 182 | | - | removal, damage, or destruction. If the local government does 121 |
|---|
| 183 | | - | not have the necessary funds, the state shall restore or 122 |
|---|
| 184 | | - | relocate such monument or memorial and the department shall 123 |
|---|
| 185 | | - | withhold from the local government all ar ts, cultural, and 124 |
|---|
| 186 | | - | historic preservation funding until the local government 125 |
|---|
| 162 | + | important in the past or that have continuing relevance in the 101 |
|---|
| 163 | + | present. 102 |
|---|
| 164 | + | (b) "Memorial" means a plaque, statue, marker, flag, 103 |
|---|
| 165 | + | banner, cenotaph, religious symbol, painting, seal, tombstone, 104 |
|---|
| 166 | + | structure name, or display constructed and located with the 105 |
|---|
| 167 | + | intent of being permanently displayed or perpetually maintained 106 |
|---|
| 168 | + | which is dedicated to a historic person, entity, event, or 107 |
|---|
| 169 | + | series of events, or which honors or recounts the military 108 |
|---|
| 170 | + | service of any past or present military personnel. 109 |
|---|
| 171 | + | (c) "Military monument or memorial" includes a monument or 110 |
|---|
| 172 | + | memorial that features a historic person, entity, event, or 111 |
|---|
| 173 | + | series of events and that honors or recounts the military 112 |
|---|
| 174 | + | service of any past or present military person nel, including any 113 |
|---|
| 175 | + | armed conflict since settlers from other countries came to what 114 |
|---|
| 176 | + | is now the United States. The Department of Veterans' Affairs 115 |
|---|
| 177 | + | shall use this definition in consulting with the Secretary of 116 |
|---|
| 178 | + | State or the State Historic Preservation Officer on any 117 |
|---|
| 179 | + | monuments or memorials. 118 |
|---|
| 180 | + | (d) "Monument" means a permanent structure such as a 119 |
|---|
| 181 | + | marker, statue, sculpture, plaque, or other object, including a 120 |
|---|
| 182 | + | tree or other living plant, placed in remembrance or recognition 121 |
|---|
| 183 | + | of a significant person or event in state history. 122 |
|---|
| 184 | + | (2)(a) A person or an entity may not take or remove a 123 |
|---|
| 185 | + | monument or memorial displayed on public property without 124 |
|---|
| 186 | + | authorization from the owner of such monument or memorial or 125 |
|---|
| 199 | | - | reimburses the state for the cost of restoring or relocating 126 |
|---|
| 200 | | - | such monument or memorial and all such funds shall again be 127 |
|---|
| 201 | | - | available to the local government once the state is repaid. The 128 |
|---|
| 202 | | - | local government may not retroactively collect any of the 129 |
|---|
| 203 | | - | department funds that otherwise would have been received during 130 |
|---|
| 204 | | - | the period that state funds were withheld. 131 |
|---|
| 205 | | - | (6)(a) A local government may only remove a historic 132 |
|---|
| 206 | | - | Florida monument or memorial tem porarily due to military 133 |
|---|
| 207 | | - | necessity or for any construction or infrastructure project. 134 |
|---|
| 208 | | - | (b) The local government proposing to remove such monument 135 |
|---|
| 209 | | - | or memorial shall put into an escrow account the good -faith 136 |
|---|
| 210 | | - | estimate of the funds necessary to relocate the m onument or 137 |
|---|
| 211 | | - | memorial. 138 |
|---|
| 212 | | - | (c) A historic Florida monument or memorial temporarily 139 |
|---|
| 213 | | - | removed for such purpose shall be temporarily relocated to a 140 |
|---|
| 214 | | - | site of similar prominence, honor, visibility, and access within 141 |
|---|
| 215 | | - | the same county or municipality in which the monume nt or 142 |
|---|
| 216 | | - | memorial was originally located. 143 |
|---|
| 217 | | - | (d)1. A local government must provide written notification 144 |
|---|
| 218 | | - | to the division, on a form prescribed by the department in 145 |
|---|
| 219 | | - | consultation with the Department of Veterans' Affairs: 146 |
|---|
| 220 | | - | a. Of the temporary removal of a histori c Florida monument 147 |
|---|
| 221 | | - | or memorial. The written notification must be provided within 10 148 |
|---|
| 222 | | - | days after the date of the local government's decision to 149 |
|---|
| 223 | | - | temporarily remove the historic Florida monument or memorial. 150 |
|---|
| 199 | + | commit any act that would constitute a violation of s. 806.135. 126 |
|---|
| 200 | + | If the owner of the monument or memorial cannot be determined, 127 |
|---|
| 201 | + | permission may be given by a group or person described in 128 |
|---|
| 202 | + | subsection (4). If no such group or person is found, the owner 129 |
|---|
| 203 | + | of the land may seek to acquire ownership of the monument or 130 |
|---|
| 204 | + | memorial through adverse possession. 131 |
|---|
| 205 | + | (b) This section applies to any monuments or memorials 132 |
|---|
| 206 | + | that have been removed, damaged, or destroyed on or after 133 |
|---|
| 207 | + | January 1, 2017. 134 |
|---|
| 208 | + | (3) A person or an entity that violates subsection (2) is 135 |
|---|
| 209 | + | liable for treble the amount of the full cos t to return, repair, 136 |
|---|
| 210 | + | or replace such monument or memorial or to remove an object that 137 |
|---|
| 211 | + | violates paragraph (2)(b) and may be subject to punitive 138 |
|---|
| 212 | + | damages. 139 |
|---|
| 213 | + | (4) The following have standing to bring a civil action in 140 |
|---|
| 214 | + | the circuit court in the county in which th e monument or 141 |
|---|
| 215 | + | memorial was located for any violation of subsection (2): 142 |
|---|
| 216 | + | (a) A group involved in the design, erection, or care of 143 |
|---|
| 217 | + | the monument or memorial or a member of such a group. 144 |
|---|
| 218 | + | (b) A group or person regularly using the monument or 145 |
|---|
| 219 | + | memorial for remembrance. 146 |
|---|
| 220 | + | (5) An agency may only relocate a monument or memorial 147 |
|---|
| 221 | + | temporarily due to construction, expansion, or alteration of a 148 |
|---|
| 222 | + | public building, road, street, or highway, or any other 149 |
|---|
| 223 | + | construction or infrastructure project and, within a reasonable 150 |
|---|
| 236 | | - | b. That the military necessity has ceased or that the 151 |
|---|
| 237 | | - | construction or infrastructure project is completed. The written 152 |
|---|
| 238 | | - | notification must be provided within a reasonable time, but not 153 |
|---|
| 239 | | - | more than 30 days, after the military necessity has ceased or 154 |
|---|
| 240 | | - | the construction or infrastructure project has been completed . 155 |
|---|
| 241 | | - | 2. The historic Florida monument or memorial shall be 156 |
|---|
| 242 | | - | relocated back at the original location or, if that is not 157 |
|---|
| 243 | | - | possible, at a site with similar prominence, honor, visibility, 158 |
|---|
| 244 | | - | and access within the same county or municipality as determined 159 |
|---|
| 245 | | - | by the department after consultation with the Florida Historical 160 |
|---|
| 246 | | - | Commission or, for a historic Florida military monument or 161 |
|---|
| 247 | | - | memorial, after consultation with the Department of Veterans' 162 |
|---|
| 248 | | - | Affairs. 163 |
|---|
| 249 | | - | (7)(a) The division shall take any issue regarding 164 |
|---|
| 250 | | - | protecting, preserving, or relocating a historic Florida 165 |
|---|
| 251 | | - | monument or memorial to the Florida Historical Commission or, in 166 |
|---|
| 252 | | - | the case of a historic Florida military monument or memorial, to 167 |
|---|
| 253 | | - | the Department of Veterans' Affairs, for a recommendation to 168 |
|---|
| 254 | | - | take action, to defer makin g a decision, or to not make a 169 |
|---|
| 255 | | - | decision. 170 |
|---|
| 256 | | - | (b) The division shall make a written record of its 171 |
|---|
| 257 | | - | decision to take action, to defer making a decision, or to not 172 |
|---|
| 258 | | - | make a decision and the reasons therefor in consultation with 173 |
|---|
| 259 | | - | the Florida Historical Commission or , in the case of a historic 174 |
|---|
| 260 | | - | Florida military monument or memorial, the Department of 175 |
|---|
| 236 | + | time but not more than 12 months after the construction project 151 |
|---|
| 237 | + | is completed, the monument or memorial shall be placed back at 152 |
|---|
| 238 | + | the original location or, if that is not possible, as close as 153 |
|---|
| 239 | + | possible to the original location in a prominent place for easy 154 |
|---|
| 240 | + | and accessible public viewing. A monument or memorial 155 |
|---|
| 241 | + | temporarily relocated for such purpose shall be relocated to a 156 |
|---|
| 242 | + | site of similar prominence, honor, visibility, and access within 157 |
|---|
| 243 | + | the same county or municipality in which the monument or 158 |
|---|
| 244 | + | memorial was originally located. 159 |
|---|
| 245 | + | (6)(a) Any official, agent, or member of a local 160 |
|---|
| 246 | + | government who directs, permits, facilitates, or votes to remove 161 |
|---|
| 247 | + | or destroy a monument or memorial is subject to a civil penalty 162 |
|---|
| 248 | + | of up to $5,000, or the actual cost of the removal and 163 |
|---|
| 249 | + | replacement of the monument or memorial, including repairs that 164 |
|---|
| 250 | + | may be necessitated due to the relocation and replacement, 165 |
|---|
| 251 | + | whichever is greater. Such penalty shall be paid from the 166 |
|---|
| 252 | + | official's, agent's, or member's personal funds without any 167 |
|---|
| 253 | + | reimbursement from any othe r entity. 168 |
|---|
| 254 | + | (b) An elected official acting in his or her official 169 |
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| 255 | + | capacity who knowingly and willfully violates this section is 170 |
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| 256 | + | subject to removal from office by the Governor. 171 |
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| 257 | + | (7)(a) If the Florida Historical Commission or, for a 172 |
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| 258 | + | military monument or mem orial, the executive director of the 173 |
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| 259 | + | Department of Veterans' Affairs, decides that the monument or 174 |
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| 260 | + | memorial should be displayed, the local government proposing to 175 |
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| 273 | | - | Veterans' Affairs. 176 |
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| 274 | | - | (8) The department, in consultation with the Department of 177 |
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| 275 | | - | Veterans' Affairs, may adopt rules to implement this section. 178 |
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| 276 | | - | Section 3. This act shall take effect July 1, 2024. 179 |
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| 273 | + | remove or destroy the monument or memorial shall put into an 176 |
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| 274 | + | escrow account the good -faith estimate of the funds necessary to 177 |
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| 275 | + | replace the monument or memorial and the Florida Historical 178 |
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| 276 | + | Commission or, for a military monument or memorial, the 179 |
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| 277 | + | executive director of the Department of Veterans' Affairs shall 180 |
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| 278 | + | provide advice on the relocation. 181 |
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| 279 | + | (b) If a monument or memorial is removed, damaged, or 182 |
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| 280 | + | destroyed by a local government, the local government shall be 183 |
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| 281 | + | liable for restoring the monument or memorial to its original 184 |
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| 282 | + | condition or as close as possible to the original condition. If 185 |
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| 283 | + | the local government does not have the necessary funds, the 186 |
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| 284 | + | state shall restore the monument or memorial and the Department 187 |
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| 285 | + | of State shall withhold from the local government all arts, 188 |
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| 286 | + | cultural, and historic preservation funding until the local 189 |
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| 287 | + | government reimburses the state for the cost of restoring the 190 |
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| 288 | + | monument or memorial and all such funds shall again be available 191 |
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| 289 | + | to the local government once the state is repaid. 192 |
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| 290 | + | (8)(a) The Department of State has the authority and 193 |
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| 291 | + | responsibility to actively work to protect and preserve a 194 |
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| 292 | + | monument or memorial anywhere in the United States which has the 195 |
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| 293 | + | state seal, the name of the state, or a direct connection with 196 |
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| 294 | + | state history. 197 |
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| 295 | + | (b)1. The State Historic Preservation Officer or, for a 198 |
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| 296 | + | military monument or memorial, the executive director of the 199 |
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| 297 | + | Department of Veterans' Affairs, shall take any issue regarding 200 |
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| 298 | + | |
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| 299 | + | HB 395 2024 |
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| 300 | + | |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 304 | + | hb0395-00 |
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| 305 | + | Page 9 of 10 |
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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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| 307 | + | |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | protecting or preserving a monument or memorial to the Florida 201 |
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| 311 | + | Historical Commission for authorization to take action, to defer 202 |
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| 312 | + | making a decision, or to not make a decision, regardless of his 203 |
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| 313 | + | or her recommendation as to whether action needs to be taken. 204 |
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| 314 | + | 2. The minutes of the commission must record any vote and 205 |
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| 315 | + | the reasons of the commission for the authorization to take 206 |
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| 316 | + | action, to defer making a decision, or to not make a decision. 207 |
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| 317 | + | The executive director of the Department of Veterans' Affairs 208 |
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| 318 | + | shall make a written record of his or her decision to take 209 |
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| 319 | + | action, to defer making a decision, or to not make a decision 210 |
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| 320 | + | and the reasons therefor. 211 |
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| 321 | + | Section 5. A statue that was formerly in the N ational 212 |
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| 322 | + | Statuary Hall Collection in the United States Capitol shall be 213 |
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| 323 | + | made available by the Department of State for public display by 214 |
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| 324 | + | Robert Grenier, of Tavares, who in 2018 was awarded the right to 215 |
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| 325 | + | exhibit the statue anywhere in Lake County so long as ad mission 216 |
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| 326 | + | is free. By July 1, 2025, if Robert Grenier cannot locate a 217 |
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| 327 | + | suitable site for the statue, the Secretary of State, in 218 |
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| 328 | + | consultation with the Department of Veterans' Affairs, shall 219 |
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| 329 | + | determine an appropriate location for viewing for free the 220 |
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| 330 | + | statue anywhere in the state. The state shall be responsible for 221 |
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| 331 | + | all costs of removing the statue from the R.A. Gray Museum, 222 |
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| 332 | + | transporting the statue to its future location, removing the 223 |
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| 333 | + | statue from the transport, and placing the statue on a suitable 224 |
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| 334 | + | pedestal inside a structure that provides protection from the 225 |
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| 335 | + | |
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| 336 | + | HB 395 2024 |
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| 337 | + | |
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| 338 | + | |
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| 339 | + | |
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| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 341 | + | hb0395-00 |
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| 342 | + | Page 10 of 10 |
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| 343 | + | 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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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | weather. 226 |
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| 348 | + | Section 6. If any provision of this act or its application 227 |
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| 349 | + | to any person or circumstances is held invalid, the invalidity 228 |
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| 350 | + | does not affect other provisions or applications of this act 229 |
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| 351 | + | which can be given effect without the invalid provision or 230 |
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| 352 | + | application, and to this end the provisions of this act are 231 |
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| 353 | + | severable. 232 |
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| 354 | + | Section 7. This act shall take effect July 1, 2024. 233 |
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