House Bill hb0087B

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    Florida House of Representatives - 2001                HB 87-B

        By Representatives Kilmer, Bullard, Bowen, Davis, Kravitz,
    Gibson, Clarke, Kallinger, Fiorentino, Kottkamp, Diaz de la
    Portilla, Rubio, Farkas, Needelman, Detert, Harrington,
    Spratt, Sorensen, Cantens, Crow, Alexander, Trovillion, Ross,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to historic preservation;

  3         creating the "Florida Historical Monuments and

  4         Memorials Protection Act"; prohibiting the

  5         relocation, removal, disturbance, or alteration

  6         of a monument, memorial, plaque, or marker

  7         commemorating or memorializing specified wars

  8         and military engagements permanently displayed

  9         on public property of the state or any of its

10         political subdivisions, except under specified

11         circumstances; prohibiting a person or

12         organization from preventing the public or

13         private body responsible for the protection,

14         preservation, or care of any monument,

15         memorial, plaque, or marker from exercising its

16         responsibility to provide such protection,

17         preservation, or care; providing a penalty for

18         violation; prohibiting the renaming or

19         rededication of a street, park, bridge,

20         building, school, preserve, reserve, or other

21         public area of the state or any of its

22         political subdivisions dedicated in memory of

23         or named for any historic figure or event;

24         providing an exception; providing an effective

25         date.

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27         WHEREAS, it is a proper endeavor for a society to

28  remember and respect the symbols of its military history and

29  the valor, sacrifice, and patriotism of all its sons and

30  daughters, and

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    Florida House of Representatives - 2001                HB 87-B

    718-127C-01






  1         WHEREAS, it is also fitting and proper for a society to

  2  remember, respect, honor, and recognize the history and

  3  heritage and the many contributions of all of the citizenry of

  4  a society, and

  5         WHEREAS, it is remembrance and respect for the past

  6  that provides the path for mutual understanding and respect in

  7  the future, NOW, THEREFORE,

  8

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

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11         Section 1.  (1)  This act shall be known and may be

12  cited as the "Florida Historical Monuments and Memorials

13  Protection Act."

14         (2)  No monument, memorial, plaque, or marker

15  commemorating or memorializing the American Revolutionary War,

16  the War of 1812, the Mexican War, the Civil War, the

17  Spanish-American War, World War I, World War II, the Korean

18  War, the Vietnam War, the Persian Gulf War, or the

19  Native-American War permanently displayed on public property

20  of the state or any of its political subdivisions may be

21  relocated, removed, disturbed, or altered, except for removal

22  for the express purpose of needed renovations, alterations,

23  corrections, or due to necessary roadway expansions or other

24  necessary construction. The state or political subdivision,

25  whichever is applicable, shall return such monument, memorial,

26  plaque, or marker to the original location or, if not

27  feasible, shall place such monument, memorial, plaque, or

28  marker in another appropriate location on public property for

29  public display and access.

30         (3)  No person or organization may prevent the public

31  or private body responsible for the protection, preservation,

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    Florida House of Representatives - 2001                HB 87-B

    718-127C-01






  1  or care of any monument, memorial, plaque, or marker

  2  enumerated in subsection (1) from exercising its

  3  responsibility to protect, preserve, or care for such

  4  monument, memorial, plaque, or marker. A person who violates

  5  the provisions of this subsection commits a misdemeanor of the

  6  second degree, punishable as provided in s. 775.082 or s.

  7  775.083.

  8         (4)  No street, park, bridge, building, school,

  9  preserve, reserve, or other public area of the state or any of

10  its subdivisions dedicated in memory of or named for any

11  historic figure or event may be renamed or rededicated unless

12  approved by at least a two-thirds vote of the governmental

13  body responsible for naming such street, park, bridge,

14  building, school, preserve, reserve, or other public area or

15  by a vote in excess of two-thirds of the governmental body

16  when required by local ordinance governing the action of such

17  governmental body.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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    Florida House of Representatives - 2001                HB 87-B

    718-127C-01






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  2                          HOUSE SUMMARY

  3
      Creates the "Florida Historical Monuments and Memorials
  4    Protection Act." Prohibits the relocation, removal,
      disturbance, or alteration of a monument, memorial,
  5    plaque, or marker commemorating or memorializing
      specified wars and military engagements permanently
  6    displayed on public property of the state or any of its
      political subdivisions, except under specified
  7    circumstances. Prohibits any person or organization from
      preventing the public or private body responsible for the
  8    protection, preservation, or care of such monument,
      memorial, plaque, or marker from exercising its
  9    responsibility to provide protection, preservation, or
      care. Provides a second degree misdemeanor penalty for
10    violation.

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      Prohibits the renaming or rededication of a street, park,
12    bridge, building, school, preserve, reserve, or other
      public area of the state or any of its political
13    subdivisions dedicated in memory of or named for any
      historic figure or event.
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                         ADDITIONAL SPONSORS
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    Baxley, Paul, Mealor, Jordan, Meadows, Baker, Wallace, Garcia,
19  Berfield, Bean, Stansel, Brutus, Machek, Allen, Waters,
    Mayfield, Murman, Goodlette, Lynn, Lacasa, Argenziano,
20  Littlefield, Green, Negron, Russell, Evers, Pickens, Melvin,
    Benson, Atwater, Betancourt, Attkisson, Ritter, Barreiro,
21  Andrews, Dockery, Flanagan, Holloway, Harrell and Bennett

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