Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1122 Ì832932(Î832932 LEGISLATIVE ACTION Senate . House Comm: RCS . 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. 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.