| 1 | A bill to be entitled |
| 2 | An act relating to cemetery lands; amending s. 497.270, |
| 3 | F.S.; revising provisions relating to the sale or |
| 4 | disposition of cemetery lands to provide restrictions with |
| 5 | respect to takings by eminent domain and the imposition of |
| 6 | certain conditions for obtaining specified regulatory |
| 7 | approval; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsections (6) and (7) are added to section |
| 12 | 497.270, Florida Statutes, to read: |
| 13 | 497.270 Minimum acreage; sale or disposition of cemetery |
| 14 | lands.-- |
| 15 | (6) Except for road system, transportation corridor, or |
| 16 | rights-of-way purposes, property dedicated for cemetery purposes |
| 17 | and licensed under this part may not be taken by eminent domain |
| 18 | if the area of property to be taken is 1 contiguous acre or |
| 19 | greater in size, unless the taking entity determines in a public |
| 20 | hearing that there are no reasonable alternatives except to use |
| 21 | cemetery property for the project. |
| 22 | (7) A governmental entity may not require the transfer of |
| 23 | property dedicated for cemetery purposes and licensed under this |
| 24 | part as of July 1, 2007, as a condition of obtaining regulatory |
| 25 | approval for any regulatory process to which the cemetery is |
| 26 | subject. |
| 27 | Section 2. This act shall take effect July 1, 2008. |