Florida Senate - 2024 CS for SB 1122 By the Committee on Community Affairs; and Senators Martin and Yarborough 578-03034-24 20241122c1 1 A bill to be entitled 2 An act relating to protection of historic monuments 3 and memorials; providing a short title; creating s. 4 267.201, F.S.; defining terms; providing legislative 5 intent and findings; preempting regulation of 6 specified monuments and memorials to the state; 7 prohibiting persons and specified entities from taking 8 certain actions relating to historic monuments and 9 memorials on public property; requiring courts to 10 declare certain ordinances, regulations, and rules of 11 a local government to be invalid and issue permanent 12 injunctions against the local government; providing 13 that it is no defense that a local government was 14 acting in good faith or upon the advice of counsel; 15 providing civil penalties for certain officials who 16 engage in certain actions; prohibiting the use of 17 public funds to defend or reimburse unlawful conduct 18 of certain persons; authorizing specified persons and 19 organizations to file suit against specified entities 20 for injunctive relief and actual damages; requiring 21 the court to award prevailing plaintiffs specified 22 fees and damages; providing for standing to bring 23 civil actions; providing that a local government is 24 liable in certain instances; requiring the state to 25 restore or relocate a monument or memorial in certain 26 circumstances; prohibiting the distribution of certain 27 funding to local governments until they reimburse the 28 state; authorizing the removal or temporary relocation 29 of a monument or memorial only in certain instances 30 provided certain requirements are met; requiring 31 certain local governments to place funds in escrow for 32 a specified purpose; specifying requirements for the 33 siting of temporarily relocated monuments and 34 memorials; requiring local governments to notify, in 35 writing on a specified form, the Division of 36 Historical Resources of the temporary relocation of 37 certain monuments and memorials within a specified 38 timeframe; providing that specified monuments and 39 memorials must be placed in their original location or 40 a location meeting specified requirements; specifying 41 certain duties of the division and the Department of 42 Veterans’ Affairs concerning certain monuments or 43 memorials; providing for rulemaking; providing for 44 retroactive application; providing for severability; 45 providing an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. This act may be cited as the “Historic Florida 50 Monuments and Memorials Protection Act.” 51 Section 2. Section 267.201, Florida Statutes, is created to 52 read: 53 267.201 Protection of historic monuments and memorials.— 54 (1) As used in this section, the term: 55 (a) “Department” means the Department of State. 56 (b) “Division” means the Division of Historical Resources 57 within the department. 58 (c) “Historic Florida military monument or memorial” means 59 a historic Florida monument or memorial that honors or recounts 60 the military service of any past or present military personnel, 61 including any armed conflict since settlers from other countries 62 came to what is now the United States. 63 (d) “Historic Florida monument or memorial” means a 64 permanent statue, marker, plaque, flag, banner, cenotaph, 65 religious symbol, painting, seal, tombstone, or display 66 constructed and located on public property which has been 67 displayed for at least 25 years with the intent of being 68 permanently displayed or perpetually maintained and which is 69 dedicated to any persons, places, or events that were important 70 in the past or that are in remembrance or recognition of a 71 significant person or event in state history. 72 (e) “Local government” means any municipality, county, 73 school district, state college, state university, or any other 74 political subdivision of the state. 75 (2)(a) It is the intent of the Legislature to declare void 76 all ordinances, regulations, and executive actions regarding the 77 removal, damage, or destruction of historic Florida monuments or 78 memorials which have been enacted by any local government. 79 (b) It is also the intent of the Legislature that the state 80 act to protect each historic Florida monument or memorial from 81 removal, damage, or destruction. The Legislature finds that an 82 accurate and factual history belongs to all Floridians and 83 future generations and the state has an obligation to protect 84 and preserve such history. 85 (c) Further, it is the intent of the Legislature to provide 86 statewide uniformity through the division. It is also the 87 Legislature’s intent that the division actively work to protect, 88 preserve, and ensure that each historic Florida monument or 89 memorial is not removed, damaged, or destroyed, regardless of 90 the location of such monument or memorial in the state, and 91 consult with the Department of Veterans’ Affairs on actions 92 regarding historic Florida military monuments or memorials. 93 (3) The state occupies the whole field of removal, damage, 94 or destruction of historic Florida monuments or memorials to the 95 exclusion of any existing or future local government ordinance, 96 regulation, or rule, or any action by an elected or appointed 97 local government official, and any such ordinances, regulations, 98 rules, or actions are void. 99 (4)(a) Any local government or elected or appointed local 100 government official who violates the Legislature’s occupation of 101 the whole field of removal, damage, or destruction of historic 102 Florida monuments or memorials by enacting or enforcing any 103 local ordinance, regulation, or rule impinging upon such 104 exclusive occupation of the field shall be liable as provided in 105 this subsection. 106 (b) If a local government violates paragraph (a), the court 107 shall declare the ordinance, regulation, or rule invalid and 108 issue a permanent injunction against the local government 109 prohibiting it from enforcing such ordinance, regulation, or 110 rule. It is no defense that in enacting the ordinance, 111 regulation, or rule the local government was acting in good 112 faith or upon advice of counsel. 113 (c) The court shall assess a civil fine of up to $1,000 114 against an elected or appointed local government official who 115 knowingly and willfully violates paragraph (a). 116 (d) Except as required by applicable law, public funds may 117 not be used to defend or reimburse the unlawful conduct of an 118 elected or appointed local government official found to have 119 knowingly and willfully violated paragraph (a). 120 (e)1. A person or an organization described in subparagraph 121 2. may file suit against a local government or an elected or 122 appointed local government official in any court of this state 123 having jurisdiction over the defendant to the suit for 124 declaratory or injunctive relief and for actual damages, as 125 limited herein, caused by the violation. A court shall award a 126 prevailing plaintiff in any such suit: 127 a. Reasonable attorney fees and costs in accordance with 128 the laws of this state; and 129 b. The actual damages incurred, but not more than $100,000. 130 2. The following have standing to bring a civil action for 131 any violation of paragraph (a): 132 a. A group involved in the design, erection, or care of the 133 monument or memorial or a member of such a group. 134 b. A group or person regularly using the monument or 135 memorial for remembrance. 136 (5) If a historic Florida monument or memorial is removed, 137 damaged, or destroyed by a local government in violation of 138 paragraph (4)(a), the local government is liable for restoring 139 or relocating such monument or memorial to its original 140 condition or location or as close as possible to the original 141 condition or location within 3 years after the date of the 142 removal, damage, or destruction. If the local government does 143 not have the necessary funds, the state shall restore or 144 relocate such monument or memorial and the department shall 145 withhold from the local government all arts, cultural, and 146 historic preservation funding until the local government 147 reimburses the state for the cost of restoring or relocating 148 such monument or memorial, and all such funds shall again be 149 available to the local government once the state is repaid. The 150 local government may not retroactively collect any of the 151 department funds that otherwise would have been received during 152 the period that state funds were withheld. 153 (6)(a) A local government may only remove a historic 154 Florida monument or memorial temporarily due to military 155 necessity or for any construction or infrastructure project. 156 (b) The local government proposing to remove such monument 157 or memorial shall put into an escrow account the good-faith 158 estimate of the funds necessary to relocate the monument or 159 memorial. 160 (c) A historic Florida monument or memorial temporarily 161 removed for such purpose shall be temporarily relocated to a 162 site of similar prominence, honor, visibility, and access within 163 the same county or municipality in which the monument or 164 memorial was originally located. 165 (d)1. A local government must provide written notification 166 to the division, on a form prescribed by the department in 167 consultation with the Department of Veterans’ Affairs: 168 a. Of the temporary removal of a historic Florida monument 169 or memorial. The written notification must be provided within 10 170 days after the date of the local government’s decision to 171 temporarily remove the historic Florida monument or memorial. 172 b. That the military necessity has ceased or that the 173 construction or infrastructure project is completed. The written 174 notification must be provided within a reasonable time, but not 175 more than 30 days, after the military necessity has ceased or 176 the construction or infrastructure project has been completed. 177 2. The historic Florida monument or memorial shall be 178 relocated back at the original location or, if that is not 179 possible, at a site with similar prominence, honor, visibility, 180 and access within the same county or municipality as determined 181 by the department after consultation with the Florida Historical 182 Commission or, for a historic Florida military monument or 183 memorial, after consultation with the Department of Veterans’ 184 Affairs. 185 (7)(a) The division shall take any issue regarding 186 protecting, preserving, or relocating a historic Florida 187 monument or memorial to the Florida Historical Commission or, in 188 the case of a historic Florida military monument or memorial, to 189 the Department of Veterans’ Affairs, for a recommendation to 190 take action, to defer making a decision, or to not make a 191 decision. 192 (b) The division shall make a written record of its 193 decision to take action, to defer making a decision, or to not 194 make a decision and the reasons therefor in consultation with 195 the Florida Historical Commission or, in the case of a historic 196 Florida military monument or memorial, the Department of 197 Veterans’ Affairs. 198 (8) The department, in consultation with the Department of 199 Veterans’ Affairs, may adopt rules to implement this section. 200 (9) This section applies to any monuments and memorials 201 that have been removed, damaged, or destroyed on or after July 202 1, 2018. 203 Section 3. If any provision of this act or its application 204 to any person or circumstance is held invalid, the invalidity 205 does not affect other provisions or applications of this act 206 which can be given effect without the invalid provision or 207 application, and to this end the provisions of this act are 208 severable. 209 Section 4. This act shall take effect July 1, 2024.