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A bill to be entitled

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An act relating to cemeteries; amending s. 497.270, F.S.;

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prohibiting the taking of certain cemetery property by

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eminent domain; providing exceptions; prohibiting

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governmental entities from requiring the transfer of

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cemetery property as a condition of obtaining any

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regulatory approval; providing an effective date.

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

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     Section 1.  Subsection (6) is added to section 497.270,

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Florida Statutes, to read:

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     497.270  Minimum acreage; sale or disposition of cemetery

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lands.--

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     (6) Except for purposes of a road system, transportation

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corridor, or right-of-way, property dedicated for cemetery use

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and licensed pursuant to part II of this chapter may not be taken

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by eminent domain if the property to be taken is 1 contiguous

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acre or greater in area, unless the taking entity determines in a

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public hearing that no reasonable alternatives exist except to

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use the cemetery property for the project. A governmental entity

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may not require the transfer of property dedicated for cemetery

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purposes and licensed pursuant to part II as a condition of

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obtaining regulatory approval under this chapter.

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     Section 2.  This act shall take effect July 1, 2008.