Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1122
Ì832932(Î832932
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/08/2024 .
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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. Section 267.201, Florida Statutes, is created to
8 read:
9 267.201 Protection of historic monuments and memorials.—
10 (1) As used in this section, the term:
11 (a) “Department” means the Department of State.
12 (b) “Division” means the Division of Historical Resources
13 within the department.
14 (c) “Historic Florida military monument or memorial” means
15 a historic Florida monument or memorial that honors or recounts
16 the military service of any past or present military personnel,
17 including any armed conflict since settlers from other countries
18 came to what is now the United States.
19 (d) “Historic Florida monument or memorial” means a
20 permanent statue, marker, plaque, flag, banner, cenotaph,
21 religious symbol, painting, seal, tombstone, or display
22 constructed and located on public property which has been
23 displayed for at least 25 years with the intent of being
24 permanently displayed or perpetually maintained and which is
25 dedicated to any persons, places, or events that were important
26 in the past or that are in remembrance or recognition of a
27 significant person or event in state history.
28 (e) “Local government” means any municipality, county,
29 school district, state college, state university, or any other
30 political subdivision of the state.
31 (2)(a) It is the intent of the Legislature to declare void
32 all ordinances, regulations, and executive actions regarding the
33 removal, damage, or destruction of historic Florida monuments or
34 memorials which have been enacted by any local government.
35 (b) It is also the intent of the Legislature that the state
36 act to protect each historic Florida monument or memorial from
37 removal, damage, or destruction. The Legislature finds that an
38 accurate and factual history belongs to all Floridians and
39 future generations and the state has an obligation to protect
40 and preserve such history.
41 (c) Further, it is the intent of the Legislature to provide
42 statewide uniformity through the division. It is also the
43 Legislature’s intent that the division actively work to protect,
44 preserve, and ensure that each historic Florida monument or
45 memorial is not removed, damaged, or destroyed, regardless of
46 the location of such monument or memorial in the state, and
47 consult with the Department of Veterans’ Affairs on actions
48 regarding historic Florida military monuments or memorials.
49 (3) The state occupies the whole field of removal, damage,
50 or destruction of historic Florida monuments or memorials to the
51 exclusion of any existing or future local government ordinance,
52 regulation, or rule, or any action by an elected or appointed
53 local government official, and any such ordinances, regulations,
54 rules, or actions are void.
55 (4)(a) Any local government or elected or appointed local
56 government official who violates the Legislature’s occupation of
57 the whole field of removal, damage, or destruction of historic
58 Florida monuments or memorials by enacting or enforcing any
59 local ordinance, regulation, or rule impinging upon such
60 exclusive occupation of the field shall be liable as provided in
61 this subsection.
62 (b) If a local government violates paragraph (a), the court
63 shall declare the ordinance, regulation, or rule invalid and
64 issue a permanent injunction against the local government
65 prohibiting it from enforcing such ordinance, regulation, or
66 rule. It is no defense that in enacting the ordinance,
67 regulation, or rule the local government was acting in good
68 faith or upon advice of counsel.
69 (c) The court shall assess a civil fine of up to $1,000
70 against an elected or appointed local government official who
71 knowingly and willfully violates paragraph (a).
72 (d) Except as required by applicable law, public funds may
73 not be used to defend or reimburse the unlawful conduct of an
74 elected or appointed local government official found to have
75 knowingly and willfully violated paragraph (a).
76 (e)1. A person or an organization described in subparagraph
77 2. may file suit against a local government or an elected or
78 appointed local government official in any court of this state
79 having jurisdiction over the defendant to the suit for
80 declaratory or injunctive relief and for actual damages, as
81 limited herein, caused by the violation. A court shall award a
82 prevailing plaintiff in any such suit:
83 a. Reasonable attorney fees and costs in accordance with
84 the laws of this state; and
85 b. The actual damages incurred, but not more than $100,000.
86 2. The following have standing to bring a civil action for
87 any violation of paragraph (a):
88 a. A group involved in the design, erection, or care of the
89 monument or memorial or a member of such a group.
90 b. A group or person regularly using the monument or
91 memorial for remembrance.
92 (5) If a historic Florida monument or memorial is removed,
93 damaged, or destroyed by a local government in violation of
94 paragraph (4)(a), the local government is liable for restoring
95 or relocating such monument or memorial to its original
96 condition or location or as close as possible to the original
97 condition or location within 3 years after the date of the
98 removal, damage, or destruction. If the local government does
99 not have the necessary funds, the state shall restore or
100 relocate such monument or memorial and the department shall
101 withhold from the local government all arts, cultural, and
102 historic preservation funding until the local government
103 reimburses the state for the cost of restoring or relocating
104 such monument or memorial, and all such funds shall again be
105 available to the local government once the state is repaid. The
106 local government may not retroactively collect any of the
107 department funds that otherwise would have been received during
108 the period that state funds were withheld.
109 (6)(a) A local government may only remove a historic
110 Florida monument or memorial temporarily due to military
111 necessity or for any construction or infrastructure project.
112 (b) The local government proposing to remove such monument
113 or memorial shall put into an escrow account the good-faith
114 estimate of the funds necessary to relocate the monument or
115 memorial.
116 (c) A historic Florida monument or memorial temporarily
117 removed for such purpose shall be temporarily relocated to a
118 site of similar prominence, honor, visibility, and access within
119 the same county or municipality in which the monument or
120 memorial was originally located.
121 (d)1. A local government must provide written notification
122 to the division, on a form prescribed by the department in
123 consultation with the Department of Veterans’ Affairs:
124 a. Of the temporary removal of a historic Florida monument
125 or memorial. The written notification must be provided within 10
126 days after the date of the local government’s decision to
127 temporarily remove the historic Florida monument or memorial.
128 b. That the military necessity has ceased or that the
129 construction or infrastructure project is completed. The written
130 notification must be provided within a reasonable time, but not
131 more than 30 days, after the military necessity has ceased or
132 the construction or infrastructure project has been completed.
133 2. The historic Florida monument or memorial shall be
134 relocated back at the original location or, if that is not
135 possible, at a site with similar prominence, honor, visibility,
136 and access within the same county or municipality as determined
137 by the department after consultation with the Florida Historical
138 Commission or, for a historic Florida military monument or
139 memorial, after consultation with the Department of Veterans’
140 Affairs.
141 (7)(a) The division shall take any issue regarding
142 protecting, preserving, or relocating a historic Florida
143 monument or memorial to the Florida Historical Commission or, in
144 the case of a historic Florida military monument or memorial, to
145 the Department of Veterans’ Affairs, for a recommendation to
146 take action, to defer making a decision, or to not make a
147 decision.
148 (b) The division shall make a written record of its
149 decision to take action, to defer making a decision, or to not
150 make a decision and the reasons therefor in consultation with
151 the Florida Historical Commission or, in the case of a historic
152 Florida military monument or memorial, the Department of
153 Veterans’ Affairs.
154 (8) The department, in consultation with the Department of
155 Veterans’ Affairs, may adopt rules to implement this section.
156 (9) This section applies to any monuments and memorials
157 that have been removed, damaged, or destroyed on or after July
158 1, 2018.
159 Section 3. If any provision of this act or its application
160 to any person or circumstance is held invalid, the invalidity
161 does not affect other provisions or applications of this act
162 which can be given effect without the invalid provision or
163 application, and to this end the provisions of this act are
164 severable.
165 Section 4. This act shall take effect July 1, 2024.
166
167 ================= T I T L E A M E N D M E N T ================
168 And the title is amended as follows:
169 Delete everything before the enacting clause
170 and insert:
171 A bill to be entitled
172 An act relating to protection of historic monuments
173 and memorials; providing a short title; creating s.
174 267.201, F.S.; defining terms; providing legislative
175 intent and findings; preempting regulation of
176 specified monuments and memorials to the state;
177 prohibiting persons and specified entities from taking
178 certain actions relating to historic monuments and
179 memorials on public property; requiring courts to
180 declare certain ordinances, regulations, and rules of
181 a local government to be invalid and issue permanent
182 injunctions against the local government; providing
183 that it is no defense that a local government was
184 acting in good faith or upon the advice of counsel;
185 providing civil penalties for certain officials who
186 engage in certain actions; prohibiting the use of
187 public funds to defend or reimburse unlawful conduct
188 of certain persons; authorizing specified persons and
189 organizations to file suit against specified entities
190 for injunctive relief and actual damages; requiring
191 the court to award prevailing plaintiffs specified
192 fees and damages; providing for standing to bring
193 civil actions; providing that a local government is
194 liable in certain instances; requiring the state to
195 restore or relocate a monument or memorial in certain
196 circumstances; prohibiting the distribution of certain
197 funding to local governments until they reimburse the
198 state; authorizing the removal or temporary relocation
199 of a monument or memorial only in certain instances
200 provided certain requirements are met; requiring
201 certain local governments to place funds in escrow for
202 a specified purpose; specifying requirements for the
203 siting of temporarily relocated monuments and
204 memorials; requiring local governments to notify, in
205 writing on a specified form, the Division of
206 Historical Resources of the temporary relocation of
207 certain monuments and memorials within a specified
208 timeframe; providing that specified monuments and
209 memorials must be placed in their original location or
210 a location meeting specified requirements; specifying
211 certain duties of the division and the Department of
212 Veterans’ Affairs concerning certain monuments or
213 memorials; providing for rulemaking; providing for
214 retroactive application; providing for severability;
215 providing an effective date.