HB 1475

1
A bill to be entitled
2An act relating to cemeteries; amending s. 704.08, F.S.;
3providing a statutory easement for ingress and egress, for
4the visitation and maintenance of a cemetery, for members
5of not-for-profit organizations whose purposes include the
6preservation of state history; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 704.08, Florida Statutes, is amended to
12read:
13     704.08  Cemeteries; right of ingress and egress for
14visiting or maintenance.--
15     (1)  The relatives and descendants of any person buried in
16a cemetery shall have an easement for ingress and egress for the
17purpose of visiting the cemetery at reasonable times and in a
18reasonable manner. The owner of the land may designate the
19easement. If the cemetery is abandoned or otherwise not being
20maintained, such relatives and descendants may request the owner
21to provide for reasonable maintenance of the cemetery, and, if
22the owner refuses or fails to maintain the cemetery, the
23relatives and descendants shall have the right to maintain the
24cemetery.
25     (2)  In the absence of relatives and descendants of a
26person buried in a cemetery, members of any not-for-profit
27organization whose purposes include the preservation of
28Florida's history may use the easement described in this
29section. If the owner of the land and the relatives and
30descendants of persons buried in a cemetery refuse or fail to
31maintain the cemetery as provided in this section, the members
32of any not-for-profit organization whose purposes include the
33preservation of Florida's history shall have the right to
34maintain the cemetery. Before the members of any not-for-profit
35organization whose purposes include the preservation of
36Florida's history may use an easement or maintain a cemetery
37pursuant to this section, a representative of the organization
38must file a letter with the Division of Historical Resources of
39the Department of State indicating that the organization intends
40to act pursuant to this subsection. Such letter may, but is not
41required to, indicate the specific easement or cemetery.
42     Section 2.  This act shall take effect upon becoming a law.


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