Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 1118
Ì580884JÎ580884
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2017 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Artiles) recommended the following:
1 Senate Amendment to Amendment (744514) (with title
2 amendment)
3
4 Between lines 147 and 148
5 insert:
6 Section 7. Effective October 1, 2017, section 335.094,
7 Florida Statutes, is created to read:
8 335.094 Highway memorial markers; public safety awareness.—
9 (1) In recognition of the department’s mission to provide a
10 safe transportation system, the Legislature intends that the
11 department allow the use of highway memorial markers at or near
12 the location of traffic-related fatalities on the State Highway
13 System to raise public awareness and remind motorists to drive
14 safely by memorializing people who have died as a result of a
15 traffic-related crash.
16 (2) The department shall establish a process, including any
17 forms deemed necessary by the department, for submitting
18 applications for installation of a memorial marker as authorized
19 in this section. Applications may be submitted to the department
20 by:
21 (a) A member of the decedent’s family, which includes the
22 decedent’s spouse; a child, parent, or sibling of the decedent,
23 whether biological, adopted, or step relation; and any lineal or
24 collateral descendant of the decedent; or
25 (b) Any individual who is responsible under the laws of
26 this state for the disposition of the unclaimed remains of the
27 decedent or for other matters relating to the interment or
28 memorialization of the decedent.
29 (3) The department shall establish criteria for the design
30 and fabrication of memorial markers, including, but not limited
31 to, marker components, fabrication material, and size.
32 (4)(a) The department may install a round aluminum sign
33 panel with white background and black letters uniformly
34 inscribed “Drive Safely, In Memory Of” followed by the
35 decedent’s name at no charge to the applicant.
36 (b) Upon the request of the applicant and payment of a
37 reasonable fee set by the department to offset production costs,
38 memorial markers may incorporate the available emblems of belief
39 approved by the United States Department of Veterans Affairs
40 National Cemetery Administration. For purposes of this section,
41 an “emblem of belief” means an emblem that represents the
42 decedent’s religious affiliation or sincerely held religious
43 belief system, or a sincerely held belief system that was
44 functionally equivalent to a religious belief system in the life
45 of the decedent. The religion or belief system represented by an
46 emblem need not be associated with or endorsed by a church,
47 group, or organized denomination. The term does not include
48 emblems, graphics, logos, or symbols that relate to social,
49 cultural, ethnic, civic, fraternal, trade, commercial,
50 political, professional, or military status.
51 (c) An applicant may request a new emblem of belief not
52 specifically approved by the United States Department of
53 Veterans Affairs National Cemetery Administration for
54 inscription on a memorial marker as follows:
55 1. The applicant must certify that the proposed new emblem
56 of belief represents the decedent’s religious affiliation or
57 sincerely held religious belief system, or a sincerely held
58 belief system that was functionally equivalent to a religious
59 belief system in the life of the decedent.
60 2. In the absence of evidence to the contrary, the
61 department shall accept as genuine an applicant’s statement of
62 the religious or functionally equivalent belief system of a
63 decedent.
64 (d) If the department determines that any application under
65 this section is incomplete, the department must notify the
66 applicant in writing of any missing information and must notify
67 the applicant in writing that no further action on the
68 application will be taken until the missing information is
69 provided.
70 (5) The department shall place a memorial marker for any
71 approved application at or near the location of the fatality in
72 a fashion that reduces driver distraction and positions the
73 marker as near the right-of-way line as possible.
74 (6) Memorial markers are intended to remind passing
75 motorists of the dangers of unsafe driving and are not intended
76 for visitation. The department shall remove a memorial marker if
77 the department determines the presence of the marker creates a
78 safety hazard. In such cases, the department shall post a notice
79 near where the marker was located indicating that the marker has
80 been removed and provide contact information for pickup of the
81 marker. The department shall store any removed markers for at
82 least 60 days. If after 60 days the memorial is not claimed, the
83 department may dispose of the marker as it deems necessary.
84
85 ================= T I T L E A M E N D M E N T ================
86 And the title is amended as follows:
87 Delete line 588
88 and insert:
89 by the Federal Highway Administration; creating s.
90 335.094, F.S.; providing legislative intent; requiring
91 the department to establish a process, including any
92 forms deemed necessary by the department, for
93 submitting applications for installation of a memorial
94 marker; specifying persons who may submit such
95 applications to the department; requiring the
96 department to establish criteria for the design and
97 fabrication of memorial markers; authorizing the
98 department to install a certain sign at no charge to
99 an applicant; providing that memorial markers may
100 incorporate the available emblems of belief approved
101 by the United States Department of Veterans Affairs
102 National Cemetery Administration upon the request of
103 the applicant and payment of a reasonable fee set by
104 the department to offset production costs; defining
105 the term “emblem of belief”; authorizing an applicant
106 to request a new emblem of belief not specifically
107 approved by the United States Department of Veterans
108 Affairs National Cemetery Administration for
109 inscription on a memorial marker, subject to certain
110 requirements; requiring the department, under certain
111 circumstances, to notify an applicant of any missing
112 information and that no further action on the
113 application will be taken until the missing
114 information is provided; providing requirements for
115 placement of the memorial marker by the department;
116 requiring the department to remove a memorial marker
117 if the department determines the presence of the
118 marker creates a safety hazard, subject to certain
119 requirements; amending s.