House Bill hb1441

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    Florida House of Representatives - 2001                HB 1441

        By Representative Miller






  1                      A bill to be entitled

  2         An act relating to easements; amending s.

  3         704.08, F.S.; granting an easement for ingress

  4         and egress for purposes of visiting or

  5         maintenance of a cemetery to members of

  6         not-for-profit organizations whose purposes

  7         include the preservation of Florida's history;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 704.08, Florida Statutes, is

13  amended to read:

14         704.08  Cemeteries; right of ingress and egress for

15  visiting or maintenance.--The relatives and descendants of any

16  person buried in a cemetery and the members of any

17  not-for-profit organization whose purposes include the

18  preservation of Florida's history shall have an easement for

19  ingress and egress for the purpose of visiting the cemetery at

20  reasonable times and in a reasonable manner.  The owner of the

21  land may designate the easement.  If the cemetery is abandoned

22  or otherwise not being maintained, such relatives and

23  descendants and members of such organizations may request the

24  owner to provide for reasonable maintenance of the cemetery,

25  and, if the owner refuses or fails to maintain the cemetery,

26  the relatives and descendants and members of such

27  organizations shall have the right to maintain the cemetery.

28         Section 2.  This act shall take effect October 1, 2001.

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    Florida House of Representatives - 2001                HB 1441

    725-127-01






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  2                          HOUSE SUMMARY

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      Grants an easement for ingress and egress for purposes of
  4    visiting or maintenance of a cemetery to members of
      not-for-profit organizations whose purposes include the
  5    preservation of Florida's history.

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CODING: Words stricken are deletions; words underlined are additions.