| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to cemeteries; amending s. 704.08, F.S.; |
| 7 | providing a statutory easement for ingress and egress, for |
| 8 | the visitation and maintenance of a cemetery, for members |
| 9 | of not-for-profit organizations whose purposes include the |
| 10 | preservation of the state's history and maintenance of |
| 11 | historic cemeteries; limiting the time and frequency of |
| 12 | statutory easements for ingress and egress; requiring |
| 13 | prior notice to the landowner; providing that the |
| 14 | landowner is not liable for an injury caused by a person |
| 15 | who goes on the land; authorizing certain not-for-profit |
| 16 | organizations to request the owner to provide for |
| 17 | reasonable maintenance of the cemetery; limiting the scope |
| 18 | of maintenance of a cemetery; requiring the not-for-profit |
| 19 | organization to file a letter with the Department of State |
| 20 | describing the proposed activity; providing an effective |
| 21 | date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 704.08, Florida Statutes, is amended to |
| 26 | read: |
| 27 | 704.08 Cemeteries; right of ingress and egress for |
| 28 | visiting or maintenance.-- |
| 29 | (1) The Relatives and descendants of any person buried in |
| 30 | a cemetery, and representatives of any not-for-profit |
| 31 | organization whose purposes include the preservation of the |
| 32 | state's history and the maintenance of historic cemeteries, |
| 33 | shall have an easement for ingress and egress for the purpose of |
| 34 | visiting the cemetery at reasonable times and in a reasonable |
| 35 | manner. The owner of the land may designate the easement. The |
| 36 | right of access to the cemetery granted under this section |
| 37 | begins one-half hour after sunrise and ends one-half hour after |
| 38 | sunset. The right of access to the cemetery granted under this |
| 39 | section to a not-for-profit organization may not be exercised |
| 40 | more frequently than once a calendar quarter unless emergency |
| 41 | repairs are required. A relative or descendant of a person |
| 42 | buried in the cemetery, or the representative of the not-for- |
| 43 | profit organization, who desires to visit the cemetery must |
| 44 | provide 7 days' prior notice to the owner of the land by |
| 45 | certified mail. The owner of the land on which the cemetery is |
| 46 | located shall not be held liable or responsible for any injury |
| 47 | to persons or property caused by an act or omission of any |
| 48 | person entering the land pursuant to this section. If the |
| 49 | cemetery is abandoned or otherwise not being maintained, such |
| 50 | relatives and descendants or the not-for-profit organization may |
| 51 | request the owner to provide for reasonable maintenance of the |
| 52 | cemetery, and, if the owner refuses or fails to maintain the |
| 53 | cemetery, the relatives and descendants and the not-for-profit |
| 54 | organization shall have the right to maintain the cemetery. |
| 55 | However, in maintaining the cemetery, not more than a 1-foot |
| 56 | diameter around the cemetery may be cleared or cleaned without |
| 57 | the express permission of the owner of the land. |
| 58 | (2) Before a not-for-profit organization whose purposes |
| 59 | include the preservation of the state's history and the |
| 60 | maintenance of historic cemeteries may utilize the easement |
| 61 | described in subsection (1), a representative of the not-for- |
| 62 | profit organization must file a letter with the Department of |
| 63 | State describing the proposed activity. |
| 64 | Section 2. This act shall take effect upon becoming a law. |