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         267.201Protection 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.