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. |