| 1 | A bill to be entitled |
| 2 | An act relating to cemeteries; amending s. 704.08, F.S.; |
| 3 | providing a statutory easement for ingress and egress, for the |
| 4 | visitation and maintenance of a cemetery, for members of not- |
| 5 | for-profit organizations whose purposes include the preservation |
| 6 | of the state's history and maintenance of historic cemeteries; |
| 7 | limiting the time and frequency of statutory easements for |
| 8 | ingress and egress; requiring prior notice to the landowner; |
| 9 | providing that the landowner is not liable for an injury caused |
| 10 | by a person who goes on the land; authorizing certain not-for- |
| 11 | profit organizations to request the owner to provide for |
| 12 | reasonable maintenance of the cemetery; limiting the scope of |
| 13 | maintenance of a cemetery; requiring the not-for-profit |
| 14 | organization to file a letter with the Department of State |
| 15 | describing the proposed activity; amending s. 810.011, F.S.; |
| 16 | providing that certain enclosed cemeteries are not required to |
| 17 | satisfy the definition of "posted land" in order to obtain |
| 18 | certain benefits pertaining to trespass on enclosed lands; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 704.08, Florida Statutes, is amended to |
| 24 | read: |
| 25 | 704.08 Cemeteries; right of ingress and egress for |
| 26 | visiting or maintenance.-- |
| 27 | (1) The Relatives and descendants of any person buried in |
| 28 | a cemetery, and representatives of any not-for-profit |
| 29 | organization whose purposes include the preservation of the |
| 30 | state's history and the maintenance of historic cemeteries, |
| 31 | shall have an easement for ingress and egress for the purpose of |
| 32 | visiting the cemetery at reasonable times and in a reasonable |
| 33 | manner. The owner of the land may designate the easement. The |
| 34 | right of access to the cemetery granted under this section |
| 35 | begins one-half hour after sunrise and ends one-half hour after |
| 36 | sunset. The right of access to the cemetery granted under this |
| 37 | section to a not-for-profit organization may not be exercised |
| 38 | more frequently than once a calendar quarter unless emergency |
| 39 | repairs are required. A relative or descendant of a person |
| 40 | buried in the cemetery, or the representative of the not-for- |
| 41 | profit organization, who desires to cross private lands in order |
| 42 | to visit the cemetery must provide 7 days' prior notice to the |
| 43 | owner of the land by certified mail. The owner of the land on |
| 44 | which the cemetery is located shall not be held liable or |
| 45 | responsible for any injury to persons or property caused by an |
| 46 | act or omission of any person entering the land pursuant to this |
| 47 | section. If the cemetery is abandoned or otherwise not being |
| 48 | maintained, such relatives and descendants or the not-for-profit |
| 49 | organization may request the owner to provide for reasonable |
| 50 | maintenance of the cemetery, and, if the owner refuses or fails |
| 51 | to maintain the cemetery, the relatives and descendants and the |
| 52 | not-for-profit organization shall have the right to maintain the |
| 53 | cemetery. However, in maintaining the cemetery, not more than a |
| 54 | 1-foot diameter around the cemetery may be cleared or cleaned |
| 55 | without the express permission of the owner of the land. |
| 56 | (2) Before a not-for-profit organization whose purposes |
| 57 | include the preservation of the state's history and the |
| 58 | maintenance of historic cemeteries may utilize the easement |
| 59 | described in subsection (1), a representative of the not-for- |
| 60 | profit organization must file a letter with the Department of |
| 61 | State describing the proposed activity. |
| 62 | Section 2. Subsection (5) of section 810.011, Florida |
| 63 | Statutes, 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 |
| 66 | placed not more than 500 feet apart along, and at each corner |
| 67 | of, the boundaries of the land, upon which signs there appears |
| 68 | prominently, in letters of not less than 2 inches in height, the |
| 69 | words "no trespassing" and in addition thereto the name of the |
| 70 | owner, lessee, or occupant of said land. Said signs shall be |
| 71 | placed along the boundary line of posted land in a manner and in |
| 72 | such position as to be clearly noticeable from outside the |
| 73 | boundary line. |
| 74 | (b) It shall not be necessary to give notice by posting on |
| 75 | any enclosed land or place not exceeding 5 acres in area on |
| 76 | which there is a dwelling house in order to obtain the benefits |
| 77 | of ss. 810.09 and 810.12 pertaining to trespass on enclosed |
| 78 | lands. |
| 79 | (c) It shall not be necessary to give notice by posting on |
| 80 | any enclosed cemetery located within a historic district that is |
| 81 | listed in the National Register of Historic Places in order to |
| 82 | obtain the benefits of ss. 810.09 and 810.12 pertaining to |
| 83 | trespass on enclosed lands. |
| 84 | Section 3. This act shall take effect upon becoming a law. |