Senate Bill sb2040

    Florida Senate - 2004                                  SB 2040

    By Senator Clary





    4-1521-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to cemeteries; amending s.

  3         704.08, F.S.; providing a statutory easement

  4         for ingress and egress, for the visitation and

  5         maintenance of a cemetery, for members of

  6         not-for-profit organizations whose purposes

  7         include the preservation of state history;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 704.08, Florida Statutes, is

13  amended to read:

14         704.08  Cemeteries; right of ingress and egress for

15  visiting or maintenance.--

16         (1)  The relatives and descendants of any person buried

17  in a cemetery shall have an easement for ingress and egress

18  for the purpose of visiting the cemetery at reasonable times

19  and in a reasonable manner. The owner of the land may

20  designate the easement. If the cemetery is abandoned or

21  otherwise not being maintained, such relatives and descendants

22  may request the owner to provide for reasonable maintenance of

23  the cemetery, and, if the owner refuses or fails to maintain

24  the cemetery, the relatives and descendants shall have the

25  right to maintain the cemetery.

26         (2)  In the absence of relatives and descendants of a

27  person buried in a cemetery, members of any not-for-profit

28  organization whose purposes include the preservation of

29  Florida's history may use the easement described in this

30  section. If the owner of the land and the relatives and

31  descendants of persons buried in a cemetery refuse or fail to

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






    Florida Senate - 2004                                  SB 2040
    4-1521-04                                               See HB




 1  maintain the cemetery as provided in this section, the members

 2  of any not-for-profit organization whose purposes include the

 3  preservation of Florida's history shall have the right to

 4  maintain the cemetery. Before the members of any

 5  not-for-profit organization whose purposes include the

 6  preservation of Florida's history may use an easement or

 7  maintain a cemetery pursuant to this section, a representative

 8  of the organization must file a letter with the Division of

 9  Historical Resources of the Department of State indicating

10  that the organization intends to act pursuant to this

11  subsection. Such letter may, but is not required to, indicate

12  the specific easement or cemetery.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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