Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1122 Ì551576BÎ551576 LEGISLATIVE ACTION Senate . House Comm: WD . 02/08/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Martin) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This act may be cited as the “Historic Florida 6 Monuments and Memorials Protection Act.” 7 Section 2. Subsection (4) of section 267.0612, Florida 8 Statutes, is amended to read: 9 267.0612 Florida Historical Commission; creation; 10 membership; powers and duties.—In order to enhance public 11 participation and involvement in the preservation and protection 12 of the state’s historic and archaeological sites and properties, 13 there is created within the Department of State the “Florida 14 Historical Commission.” The commission shall serve in an 15 advisory capacity to the director of the Division of Historical 16 Resources to assist the director in carrying out the purposes, 17 duties, and responsibilities of the division, as specified in 18 this chapter. 19 (4) The commission shall meet upon the call of the 20 presiding officer or Secretary of State, which shall occur at 21 least quarterly. Members shall serve without pay, but shall be 22 entitled to reimbursement for their expenses in carrying out 23 their official duties, as provided in s. 112.061. The commission 24 shall take minutes of each meeting as required by s. 286.011(2) 25 and shall post such minutes on the Division of Historical 26 Resources website within 30 days after the meeting. Minutes of 27 the commission which have not been adopted or which are still in 28 draft form must be so labeled when posted. 29 Section 3. Section 267.201, Florida Statutes, is created to 30 read: 31 267.201 Protection of historic monuments and memorials.— 32 (1) DEFINITIONS.—As used in this section, the term: 33 (a) “Historic Florida military monument or memorial” means 34 a monument or memorial on public property that has been 35 displayed for at least 25 years which features a historic 36 person, entity, event, or series of events and which honors or 37 recounts the military service of any past or present military 38 personnel, including any armed conflict since settlers from 39 other countries came to what is now the United States. The 40 Department of Veterans’ Affairs shall use this definition in 41 consulting with the Secretary of State, the State Historic 42 Preservation Officer, or the Florida Historical Commission on 43 any historic Florida monument or memorial. 44 (b) “Historic Florida monument or memorial” means a 45 permanent statue, marker, plaque, flag, banner, cenotaph, 46 religious symbol, painting, seal, tombstone, or display 47 constructed and located on public property which has been 48 displayed for at least 25 years, with the intent of being 49 permanently displayed or perpetually maintained, and which is 50 dedicated to any person, place, or event that was important in 51 the past or that is in remembrance or recognition of a 52 significant person or event in state history. 53 (c) “Local government” means any city, county, school 54 district, state college, state university, or any other 55 political subdivision of the state and its agencies. 56 (2) POLICY AND INTENT.— 57 (a) It is the intent of this section to provide statewide 58 uniformity through the Florida Historical Commission and to 59 declare void all ordinances, regulations, and executive actions 60 regarding the removal, damage, or destruction of historic 61 Florida monuments or memorials or historic Florida military 62 monuments or memorials which have been enacted by any local 63 government. 64 (b) It is further the intent of this section to deter and 65 prevent any future violations of this section by the abuse of 66 official authority that may occur when a local government 67 enactment is passed, or when an action is taken by a local 68 government official or employee in violation of this section. 69 (c) It is the intent of the Legislature that the state act 70 to protect each historic Florida monument and memorial or 71 historic Florida military monument or memorial from removal, 72 damage, or destruction. The Legislature finds that an accurate 73 and factual history belongs to all Floridians and future 74 generations and that the state has an obligation to protect and 75 preserve such history. The Secretary of State and the State 76 Historic Preservation Officer are responsible to work actively 77 to protect, preserve, and ensure that each historic Florida 78 monument or memorial is not removed, damaged, or destroyed, 79 regardless of the location of such monument or memorial in this 80 state. The Department of Veterans’ Affairs shall have these same 81 responsibilities for historic Florida military monuments and 82 memorials. 83 (d) This section applies to the removal, damage, or 84 destruction of any historic Florida monument or memorial or 85 historic Florida military monument or memorial that has been 86 removed, damaged, or destroyed on or after July 1, 2018. 87 (3) PREEMPTION.—The state occupies the whole field of 88 historic Florida monuments or memorials and historic Florida 89 military monuments or memorials to the exclusion of any existing 90 or future local government ordinance or any administrative 91 regulation or rule, or any action by a local government official 92 or employee, and any such ordinance, regulation, rule, or action 93 is void. 94 (4) PROHIBITIONS; PENALTIES.— 95 (a) A person, a county, an agency, a municipality, a 96 district, or another entity that violates the Legislature’s 97 occupation of the whole field of removal, damage, or destruction 98 of historic Florida monuments or memorials or historic Florida 99 military monuments or memorials by enacting or enforcing any 100 local ordinance or administrative regulation or rule impinging 101 upon such exclusive occupation of the field is liable as 102 provided in this subsection. 103 (b) If a local government violates this section, the court 104 must declare the ordinance, regulation, or rule invalid and 105 issue a permanent injunction against the local government 106 prohibiting it from enforcing such ordinance, regulation, or 107 rule. The local government may not claim as a defense that 108 enacting the ordinance, regulation, or rule was in good faith or 109 upon the advice of counsel. 110 (c) If the court determines that the violation was 111 committed knowingly and willfully, the court must assess a civil 112 fine of up to $1,000 against the elected or appointed local 113 government official or administrative agency head under whose 114 jurisdiction the violation occurred. 115 (d) Except as required by applicable law, public funds may 116 not be used to defend or reimburse the unlawful conduct of a 117 person found to have knowingly and willfully violated this 118 section. 119 (e) A knowing and willful violation of this section by a 120 person acting in an official capacity for an entity enacting or 121 enforcing any ordinance, regulation, or rule prohibited under 122 paragraph (a) or otherwise under color of law may be cause for 123 termination of employment or contract or removal from office by 124 the Governor. 125 (f) A person or an organization described in subsection (6) 126 may file suit against the county, agency, municipality, 127 district, or other entity in any court of this state having 128 jurisdiction over the defendant to the suit for declaratory and 129 injunctive relief and for actual damages, as limited herein, 130 caused by the violation. A court shall award a prevailing 131 plaintiff in any such suit: 132 1. Reasonable attorney fees and costs in accordance with 133 state law, including a contingency fee multiplier, as authorized 134 by law; and 135 2. The actual damages incurred, not to exceed $100,000. 136 (g) For a historic Florida monument or memorial or historic 137 Florida military monument or memorial described in paragraph 138 (2)(d) which has been removed from its original location to 139 another location or to storage, the responsible local government 140 has until December 31, 2024, to notify the Department of State 141 and the Department of Veterans’ Affairs on a prescribed form of 142 the following: 143 1. The specific name of each historic Florida monument or 144 memorial or historic Florida military monument or memorial that 145 has been removed from its original location to another location 146 or to storage. 147 2. Whether the monument or memorial was damaged or 148 destroyed in the process of removal or while in storage. 149 3. A timeline to relocate the monument or memorial and a 150 good faith estimate of the cost to relocate the monument or 151 memorial to its original location or, if that is not possible, 152 to a nearby site of similar prominence, honor, visibility, and 153 access, with the consultation of the Department of State, the 154 Department of Veterans’ Affairs, and the Florida Historical 155 Commission. The local government has until July 1, 2027, to 156 relocate the historic Florida monument or memorial or historic 157 Florida military monument or memorial. 158 (h) The State Historic Preservation Officer or, for a 159 historic Florida military monument or memorial, the executive 160 director of the Department of Veterans’ Affairs, shall take any 161 issue regarding protecting or preserving a historic Florida 162 monument or memorial or relocating a historic Florida monument 163 or memorial or a historic Florida military monument or memorial 164 to the Florida Historical Commission for authorization, 165 regardless of his or her recommendation as to whether action 166 needs to be taken. A historic Florida monument or memorial or a 167 historic Florida military monument or memorial may be 168 temporarily relocated by a local government as a result of a 169 construction or infrastructure project to a site of similar 170 prominence, honor, visibility, and access within the same county 171 or municipality in which the historic Florida monument or 172 memorial or the historic Florida military monument or memorial 173 was originally located. Upon completion of the construction or 174 infrastructure project, the historic Florida monument or 175 memorial or historic Florida military monument or memorial must 176 be relocated to its original location or, if that is not 177 possible, to a nearby site with similar prominence, honor, 178 visibility, and access within the same county or municipality 179 with the consultation of the Department of State or the 180 Department of Veterans’ Affairs and the Florida Historical 181 Commission. 182 (i) If a historic Florida monument or memorial or a 183 historic Florida military monument or memorial is removed, 184 damaged, or destroyed by a local government, the local 185 government is liable for restoring such monument or memorial to 186 its original condition or as close as possible to the original 187 condition within 3 years. If the local government does not have 188 the necessary funds, the state must restore such monument or 189 memorial; the Department of State shall withhold from the local 190 government all arts, cultural, and historic preservation funding 191 until the local government reimburses the state for the cost of 192 restoring such monument or memorial; and all such funds shall 193 again be available to the local government once the state is 194 repaid. The local government may not retroactively collect any 195 of the Department of State funds that otherwise would have been 196 received during the period that state funds were withheld. 197 (j) The minutes of the commission must record any vote and 198 the reasons of the commission for the authorization to take 199 action, to defer making a decision, or to not make a decision. 200 The State Historic Preservation Officer shall make a written 201 record of his or her recommendation, whether to take action, to 202 defer making a decision, or to not make a decision, and the 203 reasons therefor in consultation with and to the Florida 204 Historical Commission. 205 (k) The executive director of the Department of Veterans’ 206 Affairs shall make a written record of his or her recommendation 207 of whether to take action, to defer making a decision, or to not 208 make a decision, and the reasons therefor in consultation with 209 and to the Florida Historical Commission. 210 (5) TEMPORARY REMOVAL.— 211 (a) A local government may only remove a historic Florida 212 monument or memorial or historic Florida military monument or 213 memorial on public property temporarily due to construction, 214 expansion, or alteration of a public building, road, street, or 215 highway; for military necessity; or for any construction or 216 infrastructure project. 217 (b) The local government proposing to remove the historic 218 Florida monument or memorial or a historic Florida military 219 monument or memorial shall put into an escrow account the good 220 faith estimate of the funds necessary to replace or relocate 221 such monument or memorial. 222 (c) A local government must notify in writing the State 223 Historic Preservation Officer or the executive director of the 224 Department of Veterans’ Affairs of the temporary relocation of a 225 historic Florida monument or memorial or a historic Florida 226 military monument or memorial within 10 days, on a form 227 prescribed by the Department of State and the Department of 228 Veterans’ Affairs. 229 (d) The State Historic Preservation Officer and the 230 executive director of the Department of Veterans’ Affairs must 231 be notified within a reasonable time, but not more than 30 days, 232 that the construction project is completed, on a form prescribed 233 by the Department of State in consultation with the Department 234 of Veterans’ Affairs. The historic Florida monument or memorial 235 or the historic Florida military monument or memorial must be 236 placed back at the original location or, if that is not 237 possible, at a nearby site with similar prominence, honor, 238 visibility, and access within the same county or municipality as 239 determined in consultation with the Florida Historical 240 Commission or, for a historic Florida military monument or 241 memorial, as determined by the executive director of the 242 Department of Veterans’ Affairs after consultation with the 243 Florida Historical Commission. A historic Florida monument or 244 memorial or a historic Florida military monument or memorial 245 temporarily relocated for such purpose must be relocated to a 246 site of similar prominence, honor, visibility, and access within 247 the same county or municipality in which the monument or 248 memorial was originally located. 249 (6) STANDING.—The following have standing to bring a civil 250 action in the circuit court in the county in which the monument 251 or memorial was located for any violation of this section: 252 (a) A group involved in the design, erection, or care of 253 the monument or memorial or a member of such a group. 254 (b) A group or person regularly using the monument or 255 memorial for remembrance. 256 (7) RULEMAKING.—The Department of State and the Department 257 of Veterans’ Affairs may adopt rules to implement this section. 258 Section 4. If any provision of this act or its application 259 to any person or circumstance is held invalid, the invalidity 260 does not affect other provisions or applications of this act 261 which can be given effect without the invalid provision or 262 application, and to this end the provisions of this act are 263 severable. 264 Section 5. This act shall take effect July 1, 2024. 265 266 ================= T I T L E A M E N D M E N T ================ 267 And the title is amended as follows: 268 Delete everything before the enacting clause 269 and insert: 270 A bill to be entitled 271 An act relating to protection of historic monuments 272 and memorials; providing a short title; amending s. 273 267.0612, F.S.; requiring the Florida Historical 274 Commission to take minutes of its meetings and post 275 such minutes on a specified website within a specified 276 timeframe; requiring that certain minutes have a 277 specified label when posted; creating s. 267.201, 278 F.S.; defining terms; providing legislative policy and 279 intent; providing for retroactive application; 280 preempting regulation of specified monuments and 281 memorials to the state; prohibiting persons and 282 specified entities from taking certain actions 283 relating to historic monuments and memorials on public 284 property; requiring courts to declare certain 285 ordinances, regulations, and rules of a local 286 government to be invalid and issue permanent 287 injunctions against the local government; prohibiting 288 the local government from using specified defenses; 289 requiring a court to assess civil fines against 290 specified local government officials and 291 administrative agency heads; prohibiting the use of 292 public funds to defend or reimburse unlawful conduct 293 of certain persons; providing that specified persons 294 may be terminated or removed by the Governor for 295 specified violations; authorizing specified persons 296 and organizations to file suit against specified 297 entities for injunctive relief and actual damages; 298 requiring the court to award prevailing plaintiffs 299 specified fees and damages; requiring specified local 300 governments to notify the Department of State and the 301 Department of Veterans’ Affairs on a certain form of 302 specified information; requiring certain local 303 governments to relocate specified monuments before a 304 specified date; requiring the State Historic 305 Preservation Officer or the executive director of the 306 Department of Veterans’ Affairs to take certain issues 307 to the Florida Historical Commission for authorization 308 to take specified actions; authorizing local 309 governments to temporarily relocate certain monuments 310 and memorials under specified conditions; requiring 311 that such monuments and memorials be relocated to 312 their original location or another location that meets 313 certain requirements; providing that certain local 314 governments have a specified timeframe to restore a 315 monument and memorial that was damaged, removed, or 316 destroyed; requiring the state to provide funds for 317 such restoration if the local government does not have 318 adequate funding for the restoration; providing that 319 certain funds be withheld until a certain condition is 320 met; prohibiting such local governments from 321 retroactively collecting the withheld state funds; 322 requiring that the minutes of meetings held by the 323 Florida Historical Commission record any vote and 324 reasons of the commission making decisions related to 325 issues brought by the State Historic Preservation 326 Officer; requiring the State Historic Preservation 327 Officer and the executive director of the Department 328 of Veterans’ Affairs to make a certain written record; 329 providing that local governments may remove certain 330 monuments and memorials only for specified reasons; 331 requiring such local government to place funds in 332 escrow for a specified purpose; requiring local 333 governments to notify in writing on a specified form 334 the State Historic Preservation Officer or the 335 executive director of the Department of Veterans’ 336 Affairs of the temporary relocation of certain 337 monuments and memorials within a specified timeframe; 338 requiring that the State Historic Preservation Officer 339 or the executive director of the Department of 340 Veterans’ Affairs be notified within a reasonable 341 timeframe that the construction project is complete; 342 providing that specified monuments and memorials must 343 be placed in their original location or a location 344 meeting specified requirements; providing for standing 345 to bring civil actions; providing for rulemaking; 346 providing severability; providing an effective date.