Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for HB 107
       
       
       
       
       
       
                                Ì7770540Î777054                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/3R         .            Floor: C            
             05/02/2017 06:16 PM       .      05/03/2017 11:34 AM       
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       Senator Simmons moved the following:
       
    1         Senate Substitute for Amendment (658920) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 872.02, Florida Statutes, is amended to
    7  read:
    8         872.02 Injuring or removing tomb or monument; disturbing
    9  contents of grave or tomb; penalties.—
   10         (1) A person commits a felony of the third degree,
   11  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   12  if he or she:
   13         (a)who Willfully and knowingly destroys, mutilates,
   14  defaces, injures, or removes any tomb, monument, gravestone,
   15  burial mound, earthen or shell monument containing human
   16  skeletal remains or associated burial artifacts, or other
   17  structure or thing placed or designed for a memorial of the
   18  dead, or any fence, railing, curb, or other thing intended for
   19  the protection or ornamentation of any tomb, monument,
   20  gravestone, burial mound, earthen or shell monument containing
   21  human skeletal remains or associated burial artifacts, or other
   22  structure before mentioned, or for any enclosure for the burial
   23  of the dead;, or
   24         (b) Willfully destroys, mutilates, removes, cuts, breaks,
   25  or injures any tree, shrub, or plant placed or being within any
   26  such enclosure, except for a person performing routine
   27  maintenance and upkeep commits a felony of the third degree,
   28  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   29         (2) A person who willfully and knowingly excavates,
   30  exposes, moves, removes, or otherwise disturbs the contents of a
   31  tomb or grave or tomb commits a felony of the second degree,
   32  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   33         (3) This section does shall not apply to any person acting
   34  under the direction or authority of the Division of Historical
   35  Resources of the Department of State, to cemeteries operating
   36  under chapter 497, any cemeteries removing or relocating the
   37  contents of a grave or tomb as a response to a natural disaster,
   38  or to any person otherwise authorized by law to remove or
   39  disturb a tomb, monument, gravestone, burial mound, or similar
   40  structure, or its contents, as described in subsection (1).
   41         (4) For purposes of this section, the term “tomb” includes
   42  any mausoleum, columbarium, or belowground crypt.
   43         (5)Notwithstanding subsections (1) and (2), an owner,
   44  officer, employee, or agent of a cemetery exempt from regulation
   45  pursuant to s. 497.260 may relocate the contents of a grave or
   46  tomb:
   47         (a)After receiving a written authorization from a legally
   48  authorized person as defined in s. 497.005(43); or
   49         (b) After public notice is posted as required in this
   50  paragraph, if a legally authorized person cannot be located
   51  after conducting a reasonable search or after 75 years or more
   52  have elapsed since the date of entombment, interment, or
   53  inurnment. The public notice must be published once a week for 4
   54  consecutive weeks in a newspaper of general circulation in the
   55  county where the cemetery is located. The public notice must
   56  contain the name of the cemetery; the name, address, and
   57  telephone number of the cemetery representative with whom
   58  objections may be filed; the reason for relocation of the
   59  contents of the graves or tombs; the names of the human remains
   60  to be relocated; the approximate date of the initial entombment,
   61  interment, or inurnment; the proposed site of relocation; and
   62  the proposed date of relocation. The proposed date of relocation
   63  may not be less than 30 days from last date of publication. If
   64  no objection from a legally authorized person is received within
   65  30 days from the last date of publication of the public notice,
   66  the cemetery may proceed with relocation.
   67         (6)If a legally authorized person refuses to sign a
   68  written authorization, as provided in (5)(a), or if a legally
   69  authorized person objects, as provided in (5)(b), a public
   70  hearing shall be held before the county commission of the county
   71  where the cemetery is located, or the city council, if the
   72  cemetery is located in a municipality, and the county commission
   73  or the city council shall have the authority to grant a request
   74  for relocation of the contents of such graves or tombs.
   75         Section 2. This act shall take effect October 1, 2017.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to criminal offenses involving tombs
   83         and memorials; amending s. 872.02, F.S.; providing
   84         that a person who willfully and knowingly excavates,
   85         exposes, moves, or removes the contents of a grave or
   86         tomb commits a felony; revising applicability;
   87         authorizing an owner, officer, employee, or agent of
   88         specified cemeteries to relocate the contents of a
   89         grave or tomb, subject to certain conditions;
   90         providing an effective date.