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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 historic monuments 2
and memorials; providing a short title; creating s. 3
267.201, F.S.; providing definitions; providing 4
legislative intent; prohibiting certain acts 5
concerning historic monuments and memorials on public 6
property; providing applicability; providing for 7
standing to bring civil actions; providing exceptions; 8
providing civil penalties for certain officials who 9
engage in certain actions; providing that a local 10
government is liable in certain instances; requiring 11
the state to restore or relocate a monument or 12
memorial in certain circumstances; prohibiting the 13
distribution of certain funding to local governments 14
until they reimburse the state; authorizing the 15
removal or temporary relocation of a monument or 16
memorial in certain instances provided certain 17
requirements are met; specifying certain duties of the 18
Division of Historical Resources within the Department 19
of State and Department of Veterans' Affairs 20
concerning certain monuments or memorials; providing 21
for rulemaking; providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
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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
Section 1. This act may be cited as the "Historic Florida 26
Monuments and Memorials Protection Act." 27
Section 2. Section 267.201, Florida Statutes, is created 28
to read: 29
267.201 Protection of historic monuments and memorials. — 30
(1) As used in this section, the term: 31
(a) "Department" means the Departme nt of State. 32
(b) "Division" means the Division of Historical Resources 33
within the department. 34
(c) "Historic Florida military monument or memorial" means 35
a historic Florida monument or memorial that honors or recounts 36
the military service of any past or present military personnel, 37
including any armed conflict since settlers from other countries 38
came to what is now the United States. 39
(d) "Historic Florida monument or memorial" means a 40
permanent statue, marker, plaque, flag, banner, cenotaph, 41
religious symbol, painting, seal, tombstone, or display 42
constructed and located on public property which has been 43
displayed for at least 25 years, with the intent of being 44
permanently displayed or perpetually maintained and which is 45
dedicated to any persons, places, or events that were important 46
in the past or that are in remembrance or recognition of a 47
significant person or event in state history. 48
(e) "Local government" means any municipality, county, 49
school district, state college, state university, or any other 50
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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
political subdivision of the state. 51
(2)(a) It is the intent of the Legislature to declare void 52
all ordinances, regulations, and executive actions regarding the 53
removal, damage, or destruction of historic Florida monuments or 54
memorials which have been en acted by any local government. 55
(b) It is also the intent of the Legislature that the 56
state act to protect each historic Florida monument or memorial 57
from removal, damage, or destruction. The Legislature finds that 58
an accurate and factual history belongs to all Floridians and 59
future generations and the state has an obligation to protect 60
and preserve such history. 61
(c) Further, it is the intent of the Legislature to 62
provide statewide uniformity through the division. It is also 63
the Legislature's intent tha t the division actively work to 64
protect, preserve, and ensure that each historic Florida 65
monument or memorial is not removed, damaged, or destroyed, 66
regardless of the location of such monument or memorial in the 67
state and consult with the Department of Vet erans' Affairs on 68
actions regarding historic Florida military monuments or 69
memorials. 70
(3) The state occupies the whole field of removal, damage, 71
or destruction of historic Florida monuments or memorials to the 72
exclusion of any existing or future local government ordinance, 73
regulation, or rule, or any action by an elected or appointed 74
local government official, and any such ordinances, regulations, 75
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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
rules, or actions are void. 76
(4)(a) Any local government or elec ted or appointed local 77
government official who violates the Legislature's occupation of 78
the whole field of removal, damage, or destruction of historic 79
Florida monuments or memorials by enacting or enforcing any 80
local ordinance, regulation, or rule impingin g upon such 81
exclusive occupation of the field shall be liable as provided in 82
this subsection. 83
(b) If a local government violates paragraph (a), the 84
court shall declare the ordinance, regulation, or rule invalid 85
and issue a permanent injunction against th e local government 86
prohibiting it from enforcing such ordinance, regulation, or 87
rule. It is no defense that in enacting the ordinance, 88
regulation, or rule the local government was acting in good 89
faith or upon advice of counsel. 90
(c) The court shall assess a civil fine of up to $1,000 91
against an elected or appointed local government official who 92
knowingly and willfully violates paragraph (a). 93
(d) Except as required by applicable law, public funds may 94
not be used to defend or reimburse the unlawful conduct of an 95
elected or appointed local government official found to have 96
knowingly and willfully violated paragraph (a). 97
(e)1. A person or an organization described in 98
subparagraph 2. may file suit against a local government or an 99
elected or appointed local g overnment official in any court of 100
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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
this state having jurisdiction over the defendant to the suit 101
for declaratory or injunctive relief and for actual damages, as 102
limited herein, caused by the violation. A court shall award a 103
prevailing plaintiff in any such suit: 104
a. Reasonable attorney fees and costs in accordance with 105
the laws of this state; and 106
b. The actual damages incurred, but not more than 107
$100,000. 108
2. The following have standing to bring a civil action 109
for any violation of paragraph (a): 110
a. A group involved in the design, erection, or care of 111
the monument or memorial or a member of such a group. 112
b. A group or person regularly using the monument or 113
memorial for remembrance. 114
(5) If a historic Florida monument or memorial is removed, 115
damaged, or destroyed by a local government in violation of 116
paragraph (4)(a), the local government is liable for restoring 117
or relocating such monument or memorial to its original 118
condition or location or as close as possible to the original 119
condition or location w ithin 3 years after the date of the 120
removal, damage, or destruction. If the local government does 121
not have the necessary funds, the state shall restore or 122
relocate such monument or memorial and the department shall 123
withhold from the local government all ar ts, cultural, and 124
historic preservation funding until the local government 125
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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
reimburses the state for the cost of restoring or relocating 126
such monument or memorial and all such funds shall again be 127
available to the local government once the state is repaid. The 128
local government may not retroactively collect any of the 129
department funds that otherwise would have been received during 130
the period that state funds were withheld. 131
(6)(a) A local government may only remove a historic 132
Florida monument or memorial tem porarily due to military 133
necessity or for any construction or infrastructure project. 134
(b) The local government proposing to remove such monument 135
or memorial shall put into an escrow account the good -faith 136
estimate of the funds necessary to relocate the m onument or 137
memorial. 138
(c) A historic Florida monument or memorial temporarily 139
removed for such purpose shall be temporarily relocated to a 140
site of similar prominence, honor, visibility, and access within 141
the same county or municipality in which the monume nt or 142
memorial was originally located. 143
(d)1. A local government must provide written notification 144
to the division, on a form prescribed by the department in 145
consultation with the Department of Veterans' Affairs: 146
a. Of the temporary removal of a histori c Florida monument 147
or memorial. The written notification must be provided within 10 148
days after the date of the local government's decision to 149
temporarily remove the historic Florida monument or memorial. 150
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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
b. That the military necessity has ceased or that the 151
construction or infrastructure project is completed. The written 152
notification must be provided within a reasonable time, but not 153
more than 30 days, after the military necessity has ceased or 154
the construction or infrastructure project has been completed . 155
2. The historic Florida monument or memorial shall be 156
relocated back at the original location or, if that is not 157
possible, at a site with similar prominence, honor, visibility, 158
and access within the same county or municipality as determined 159
by the department after consultation with the Florida Historical 160
Commission or, for a historic Florida military monument or 161
memorial, after consultation with the Department of Veterans' 162
Affairs. 163
(7)(a) The division shall take any issue regarding 164
protecting, preserving, or relocating a historic Florida 165
monument or memorial to the Florida Historical Commission or, in 166
the case of a historic Florida military monument or memorial, to 167
the Department of Veterans' Affairs, for a recommendation to 168
take action, to defer makin g a decision, or to not make a 169
decision. 170
(b) The division shall make a written record of its 171
decision to take action, to defer making a decision, or to not 172
make a decision and the reasons therefor in consultation with 173
the Florida Historical Commission or , in the case of a historic 174
Florida military monument or memorial, the Department of 175
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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
Veterans' Affairs. 176
(8) The department, in consultation with the Department of 177
Veterans' Affairs, may adopt rules to implement this section. 178
Section 3. This act shall take effect July 1, 2024. 179