House Bill hb0011c1

    Florida House of Representatives - 2002               CS/HB 11

        By the Council for Smarter Government and Representatives
    Bense, Hogan, Mayfield, Spratt and Pickens





  1                      A bill to be entitled

  2         An act relating to cemeteries; 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         amending s. 946.40, F.S.; providing that inmate

  9         labor may be used to clean and maintain

10         abandoned or unmaintained cemeteries on private

11         lands; providing an effective date.

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

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15         Section 1.  Section 704.08, Florida Statutes, is

16  amended to read:

17         704.08  Cemeteries; right of ingress and egress for

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

19  person buried in a cemetery and, in the absence of such, the

20  members of any not-for-profit organization duly registered

21  with the Division of Historical Resources of the Department of

22  State whose purposes include the preservation of Florida's

23  history shall have an easement for ingress and egress for the

24  purpose of visiting the cemetery at reasonable times and in a

25  reasonable manner.  The owner of the land may designate the

26  easement.  If the cemetery is abandoned or otherwise not being

27  maintained, the such relatives and descendants and, in the

28  absence of such, the members of such duly registered

29  not-for-profit organizations may request the owner to provide

30  for reasonable maintenance of the cemetery., and, If the owner

31  refuses or fails to maintain the cemetery, the relatives, and

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    Florida House of Representatives - 2002               CS/HB 11

    405-175-02






  1  descendants, or members of such duly registered not-for-profit

  2  organizations, as applicable, shall have the right to maintain

  3  the cemetery.

  4         Section 2.  Subsection (5) is added to section 946.40,

  5  Florida Statutes, to read:

  6         946.40  Use of prisoners in public works.--

  7         (5)  Cleaning and maintenance of abandoned or

  8  unmaintained cemeteries on private lands shall be considered

  9  an allowable public works project to which inmates of

10  correctional institutions and camps may work pursuant to this

11  section.

12         Section 3.  This act shall take effect upon becoming a

13  law.

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