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 the
4visitation and maintenance of a cemetery, for members of not-
5for-profit organizations whose purposes include the preservation
6of the state's history and maintenance of historic cemeteries;
7limiting the time and frequency of statutory easements for
8ingress and egress; requiring prior notice to the landowner;
9providing that the landowner is not liable for an injury caused
10by a person who goes on the land; authorizing certain not-for-
11profit organizations to request the owner to provide for
12reasonable maintenance of the cemetery; limiting the scope of
13maintenance of a cemetery; requiring the not-for-profit
14organization to file a letter with the Department of State
15describing the proposed activity; amending s. 810.011, F.S.;
16providing that certain enclosed cemeteries are not required to
17satisfy the definition of "posted land" in order to obtain
18certain benefits pertaining to trespass on enclosed lands;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 704.08, Florida Statutes, is amended to
24read:
25     704.08  Cemeteries; right of ingress and egress for
26visiting or maintenance.--
27     (1)  The Relatives and descendants of any person buried in
28a cemetery, and representatives of any not-for-profit
29organization whose purposes include the preservation of the
30state's history and the maintenance of historic cemeteries,
31shall have an easement for ingress and egress for the purpose of
32visiting the cemetery at reasonable times and in a reasonable
33manner. The owner of the land may designate the easement. The
34right of access to the cemetery granted under this section
35begins one-half hour after sunrise and ends one-half hour after
36sunset. The right of access to the cemetery granted under this
37section to a not-for-profit organization may not be exercised
38more frequently than once a calendar quarter unless emergency
39repairs are required. A relative or descendant of a person
40buried in the cemetery, or the representative of the not-for-
41profit organization, who desires to cross private lands in order
42to visit the cemetery must provide 7 days' prior notice to the
43owner of the land by certified mail. The owner of the land on
44which the cemetery is located shall not be held liable or
45responsible for any injury to persons or property caused by an
46act or omission of any person entering the land pursuant to this
47section. If the cemetery is abandoned or otherwise not being
48maintained, such relatives and descendants or the not-for-profit
49organization may request the owner to provide for reasonable
50maintenance of the cemetery, and, if the owner refuses or fails
51to maintain the cemetery, the relatives and descendants and the
52not-for-profit organization shall have the right to maintain the
53cemetery. However, in maintaining the cemetery, not more than a
541-foot diameter around the cemetery may be cleared or cleaned
55without the express permission of the owner of the land.
56     (2)  Before a not-for-profit organization whose purposes
57include the preservation of the state's history and the
58maintenance of historic cemeteries may utilize the easement
59described in subsection (1), a representative of the not-for-
60profit organization must file a letter with the Department of
61State describing the proposed activity.
62     Section 2.  Subsection (5) of section 810.011, Florida
63Statutes, is amended to read:
64     810.011  Definitions.--As used in this chapter:
65     (5)(a)  "Posted land" is that land upon which signs are
66placed not more than 500 feet apart along, and at each corner
67of, the boundaries of the land, upon which signs there appears
68prominently, in letters of not less than 2 inches in height, the
69words "no trespassing" and in addition thereto the name of the
70owner, lessee, or occupant of said land. Said signs shall be
71placed along the boundary line of posted land in a manner and in
72such position as to be clearly noticeable from outside the
73boundary line.
74     (b)  It shall not be necessary to give notice by posting on
75any enclosed land or place not exceeding 5 acres in area on
76which there is a dwelling house in order to obtain the benefits
77of ss. 810.09 and 810.12 pertaining to trespass on enclosed
78lands.
79     (c)  It shall not be necessary to give notice by posting on
80any enclosed cemetery located within a historic district that is
81listed in the National Register of Historic Places in order to
82obtain the benefits of ss. 810.09 and 810.12 pertaining to
83trespass on enclosed lands.
84     Section 3.  This act shall take effect upon becoming a law.


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