Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 220 Ì156020cÎ156020 LEGISLATIVE ACTION Senate . House Comm: RCS . 12/09/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Cruz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. (1) The Task Force on Abandoned African-American 6 Cemeteries, a task force as defined in s. 20.03(8), Florida 7 Statutes, is created adjunct to the Department of State for the 8 express purpose of studying the extent to which unmarked or 9 abandoned African-American cemeteries and burial grounds exist 10 throughout the state and developing and recommending strategies 11 for identifying and recording cemeteries and burial grounds 12 while also preserving local history and ensuring dignity and 13 respect for the deceased. Except as otherwise provided in this 14 section, the task force shall operate in a manner consistent 15 with s. 20.052, Florida Statutes. The department shall provide 16 administrative and staff support relating to the functions of 17 the task force. 18 (2) The task force is composed of the following members: 19 (a) The Secretary of State, or his or her designee, who 20 shall serve as chair. 21 (b) A representative of the Bureau of Archaeological 22 Research of the Division of Historical Resources, appointed by 23 the Secretary of State. 24 (c) One person nominated by the President of the Florida 25 State Conference of the National Association for the Advancement 26 of Colored People and appointed by the Secretary of State. 27 (d) One representative of the Florida Council of Churches, 28 nominated by the executive director of the council and appointed 29 by the Secretary of State. 30 (e) One representative of the Florida African American 31 Heritage Preservation Network, nominated by the executive 32 director of the network and appointed by the Secretary of State. 33 (f) One representative of the Florida Public Archaeology 34 Network, appointed by the Secretary of State. 35 (g) One representative of the cemetery industry, appointed 36 by the Secretary of State. 37 (3) The task force shall hold its first meeting by August 38 1, 2020. The task force may meet as many times as it deems 39 necessary to complete the duties prescribed in this section. 40 (4) The task force shall: 41 (a) Review the findings and recommendations made by the 42 Task Force on Abandoned and Neglected Cemeteries created 43 pursuant to chapter 98-268, Laws of Florida, and any legislative 44 or administrative action that was taken in response to the task 45 force’s findings and recommendations. 46 (b) Examine the adequacy of current practices regarding the 47 preservation of unmarked and abandoned African-American 48 cemeteries and burial grounds and identify any challenges unique 49 to African-American cemeteries and burial grounds. 50 (c) Identify locations of unmarked and abandoned African 51 American cemeteries and burial grounds throughout the state and 52 propose strategies, including any proposed legislation, for the 53 preservation and evaluation of such sites. 54 (d) Make recommendations regarding the creation, placement, 55 and maintenance of a memorial at the sites of the former Zion 56 Cemetery and the former Ridgewood Cemetery in Tampa. 57 (5) By March 1, 2021, the task force shall submit a report 58 detailing its findings and recommendations to the Governor, the 59 President of the Senate, the Speaker of the House of 60 Representatives, the Minority Leader of the Senate, and the 61 Minority Leader of the House of Representatives. 62 (6) This section expires July 1, 2021. 63 Section 2. (1)(a) Upon receiving consent of the property 64 owners at the former Zion Cemetery site in Tampa, the Department 65 of State shall partner with the University of South Florida, the 66 Florida Agricultural and Mechanical University, and the Zion 67 Cemetery Archaeological Committee formed under the auspices of 68 the Tampa Housing Authority, to continue an investigation to 69 determine how many graves remain at the site. 70 (b) Any historical resource, record, archive, artifact, 71 public research, or medical record that is recovered through the 72 course of the investigation by the University of South Florida 73 or the Florida Agricultural and Mechanical University shall 74 remain in the custody of either university for archiving and 75 preservation until the Department of State requests custody of 76 such resource, record, archive, artifact, public research, or 77 medical record. 78 (2)(a) The Department of State shall contract with the 79 University of South Florida and the Florida Agricultural and 80 Mechanical University for the identification and location of 81 eligible next of kin of those buried at the site. 82 (b) No later than January 1, 2021, the universities shall 83 provide the Department of State with a list of possible 84 descendants of those buried at the site and, to the extent 85 possible, their contact information. 86 (c) For any identification of next of kin occurring on or 87 after January 1, 2021, the universities must provide contact 88 information of the next of kin to the Department of State. 89 (3) The Department of State may adopt rules necessary to 90 administer this section. 91 Section 3. A county or municipality may request 92 reimbursement from the Department of State for any expenses 93 incurred on or after July 1, 2020, in connection with the 94 maintenance of historical or abandoned cemeteries. A county or 95 municipality may only submit a request for reimbursement once 96 per calendar year, and such expenses must have been incurred 97 within 1 year before submission of the request. A county or 98 municipality may only be reimbursed by the department for half 99 of the expenses that are incurred out of public funds. A county 100 or municipality may not be reimbursed for any portion of 101 maintenance expenses which is funded through private funds 102 solicited by the county or municipality pursuant to s. 497.284, 103 Florida Statutes. The department may require a county or a 104 municipality seeking reimbursement to produce any documentation 105 specifying maintenance costs incurred. 106 Section 4. The Division of Historical Resources of the 107 Department of State shall ensure that any abandoned African 108 American cemetery identified by the Task Force on Abandoned 109 African-American Cemeteries is listed in the Florida Master Site 110 File. Upon such a cemetery’s listing in the Florida Master Site 111 File and in lieu of the normal application process for 112 historical markers, the division must seek placement of an 113 Official Florida Historical Marker at a site so long as the 114 approval of the owner of the property where the marker will be 115 placed has been obtained. A person or an organization affiliated 116 with an abandoned cemetery may assist the division in 117 researching the history of such a site in the preparation of a 118 historical marker’s creation and placement. The costs for the 119 creation and placement of a historical marker authorized 120 pursuant to this section shall be borne by the division. 121 Section 5. For the 2020-2021 fiscal year, the sum of 122 $500,000 in nonrecurring funds is appropriated from the General 123 Revenue Fund to the Department of State for the purpose of 124 implementing this act. Of such sum, $50,000 shall be allocated 125 for the creation, placement, and maintenance of a memorial at 126 the site of the former Zion Cemetery in Tampa; $50,000 shall be 127 allocated for the creation, placement, and maintenance of a 128 memorial at the site of the former Ridgewood Cemetery at C. Leon 129 King High School in Tampa; and $400,000 shall be allocated to 130 fund research associated with findings made by the Task Force on 131 Abandoned African-American Cemeteries. Any funds remaining 132 unexpended or unencumbered from this appropriation as of July 1, 133 2021, revert and shall be reappropriated for the same purpose, 134 or for the creation and placement of memorials or historical 135 markers at additional cemetery sites that are identified by the 136 Task Force on Abandoned African-American Cemeteries, in the 137 2021-2022 fiscal year. 138 Section 6. This act shall take effect July 1, 2020. 139 140 ================= T I T L E A M E N D M E N T ================ 141 And the title is amended as follows: 142 Delete everything before the enacting clause 143 and insert: 144 A bill to be entitled 145 An act relating to abandoned cemeteries; creating the 146 Task Force on Abandoned African-American Cemeteries; 147 specifying the purpose of the task force; requiring 148 the Department of State to provide administrative and 149 staff support; specifying the composition of the task 150 force; providing meeting requirements; prescribing 151 duties of the task force; requiring the task force to 152 submit a report to the Governor and the Legislature by 153 a specified date; providing for expiration of the task 154 force; requiring the department to partner with 155 specified entities to undertake an investigation of 156 the former Zion Cemetery site; specifying custody of 157 certain historical resources, records, archives, 158 artifacts, research, and medical records; requiring 159 the department to contract with the University of 160 South Florida and the Florida Agricultural and 161 Mechanical University for the identification and 162 location of eligible next of kin; requiring the 163 universities to provide certain information regarding 164 descendants to the department by a specified date; 165 authorizing the department to adopt rules; authorizing 166 counties and municipalities to seek reimbursement for 167 expenses related to the maintenance of abandoned 168 cemeteries; specifying requirements, limitations, and 169 conditions for such reimbursements; directing the 170 Division of Historical Resources of the department to 171 ensure the listing of certain cemeteries in the 172 Florida Master Site File; requiring the division to 173 seek placement of historical markers at certain 174 abandoned cemeteries, subject to certain limitations; 175 authorizing certain persons and organizations to 176 assist the division in researching the history of such 177 cemeteries; specifying that costs associated with the 178 creation and placement of such historical markers be 179 borne by the division; providing appropriations; 180 providing an effective date. 181 182 WHEREAS, until the conclusion of the Civil War, millions of 183 African Americans in the United States, including Florida, were 184 enslaved, and 185 WHEREAS, following the end of slavery, African Americans 186 continued to be subject to various discriminatory practices, 187 including restrictions on burying the dead which resulted in 188 segregated cemeteries and burial grounds, and 189 WHEREAS, unlike predominantly white cemeteries and burial 190 grounds, African-American cemeteries and burial grounds were not 191 subject to regulations and recordkeeping necessary to protect 192 the dignity of the deceased, and 193 WHEREAS, as a result, many abandoned African-American 194 cemeteries and burial grounds have been inadvertently discovered 195 following years of disrepair and neglect when land is being 196 redeveloped or has been sold, and 197 WHEREAS, to this day, abandoned African-American cemeteries 198 throughout this state continue to be uncovered, as evidenced by 199 recent reports regarding the former Zion Cemetery site in the 200 Tampa Heights neighborhood and the former Ridgewood Cemetery on 201 the grounds of C. Leon King High School, both in the City of 202 Tampa, and 203 WHEREAS, the State of Florida recognizes its obligation to 204 identify and properly record abandoned African-American 205 cemeteries and burial grounds in order to preserve history, 206 better inform development decisions, and ensure dignity and 207 respect for the deceased, NOW, THEREFORE,