Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1816
Ì975322ÈÎ975322
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/25/2025 .
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The Committee on Governmental Oversight and Accountability
(McClain) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 267.201, Florida Statutes, is created to
6 read:
7 267.201 Protection of historic monuments and memorials.—
8 (1) As used in this section, the term:
9 (a) “Department” means the Department of State.
10 (b)1. “Historic Florida monument or memorial” means a
11 permanent statue, marker, plaque, flag, banner, cenotaph,
12 religious symbol, painting, seal, tombstone, or display
13 constructed and located on public property which has been
14 displayed for at least 25 years with the intent of being
15 permanently displayed or perpetually maintained and which is
16 dedicated to any person, place, or event that was important in
17 the past or which is in remembrance or recognition of a
18 significant person or event in state history.
19 2. “Historic Florida military monument or memorial” means a
20 historic Florida monument or memorial that honors or recounts
21 the military service of any past or present military personnel,
22 including any armed conflict since settlers from other countries
23 came to what is now the United States.
24 (c) “Local government” means any municipality, county,
25 school district, state college, state university, or other
26 political subdivision of the state.
27 (2)(a) It is the intent of the Legislature to declare void
28 all ordinances, regulations, and executive actions regarding the
29 removal, damage, or destruction of historic Florida monuments or
30 memorials which have been enacted by any local government.
31 (b) It is also the intent of the Legislature that the state
32 act to protect each historic Florida monument or memorial from
33 removal, damage, or destruction. The Legislature finds that an
34 accurate and factual history belongs to all Floridians and
35 future generations and that the state has an obligation to
36 protect and preserve such history.
37 (c) Further, it is the intent of the Legislature to provide
38 statewide uniformity through the division. It is also the
39 Legislature’s intent for the division to work actively to
40 protect and preserve each historic Florida monument or memorial,
41 and ensure that each such monument or memorial is not removed,
42 damaged, or destroyed, regardless of the location of such
43 monument or memorial in this state, and to consult with the
44 Department of Veterans’ Affairs on actions regarding all
45 historic Florida military monuments or memorials.
46 (3) All removal, damage, or destruction of historic Florida
47 monuments or memorials is preempted to the state. Any existing
48 or future local government ordinance, regulation, or rule to the
49 contrary, or any such action other than those authorized in
50 subsection (6) by an elected or appointed local government
51 official, is void.
52 (4)(a) Any local government or elected or appointed local
53 government official who violates the state’s preemption of
54 removal, damage, or destruction of historic Florida monuments or
55 memorials by enacting or enforcing any local ordinance,
56 regulation, or rule impinging upon such preemption is liable as
57 provided in this subsection.
58 (b) If a local government violates paragraph (a), the court
59 must declare the ordinance, regulation, or rule invalid and
60 issue a permanent injunction against the local government,
61 prohibiting the local government from enforcing such ordinance,
62 regulation, or rule. It is not a defense that, in enacting the
63 ordinance, regulation, or rule, the local government was acting
64 in good faith or upon advice of counsel.
65 (c) The court shall assess a civil fine of up to $1,000
66 against an elected or appointed local government official who
67 knowingly and willfully violates paragraph (a).
68 (d) Except as required by applicable law, public funds may
69 not be used to defend or reimburse the unlawful conduct of an
70 elected or appointed local government official found to have
71 knowingly and willfully violated paragraph (a).
72 (e)1. A person or an organization described in subparagraph
73 2. may file suit against a local government or an elected or
74 appointed local government official in any court of this state
75 having jurisdiction over the defendant in the suit for
76 declaratory or injunctive relief and for actual damages, as
77 limited herein, caused by the violation. A court shall award a
78 prevailing plaintiff in any such suit:
79 a. Reasonable attorney fees and costs in accordance with
80 the laws of this state; and
81 b. The actual damages incurred, but no more than $100,000.
82 2. The following have standing to bring a civil action for
83 any violation of paragraph (a):
84 a. A group involved in the design, erection, or care of the
85 monument or memorial or a member of such group.
86 b. A group or person regularly using the monument or
87 memorial for remembrance.
88 (5) If a historic Florida monument or memorial is removed,
89 damaged, or destroyed by a local government in violation of
90 paragraph (4)(a), the local government is liable for restoring
91 or relocating such monument or memorial to its original
92 condition or location or as close as possible to the original
93 condition or location within 3 years after the date of the
94 removal, damage, or destruction. If the local government does
95 not have the necessary funds, the state must restore or relocate
96 such monument or memorial, and the department must withhold from
97 the local government all arts, cultural, and historic
98 preservation funding until the local government reimburses the
99 state for the cost of restoring or relocating such monument or
100 memorial. All such funds become available to the local
101 government once the state is repaid. The local government may
102 not retroactively collect any of the department funds that
103 otherwise would have been received during the period that state
104 funds were withheld.
105 (6)(a) A local government may only remove a historic
106 Florida monument or memorial temporarily due to military
107 necessity or for any construction or infrastructure project.
108 (b) A local government proposing to remove such monument or
109 memorial shall put into an escrow account the good faith
110 estimate of the funds necessary to relocate the monument or
111 memorial.
112 (c) A historic Florida monument or memorial temporarily
113 removed for such purpose must be temporarily relocated to a site
114 of similar prominence, honor, visibility, and access within the
115 same county or municipality in which the monument or memorial
116 was originally located.
117 (d)1. A local government must provide written notification
118 to the division, on a form prescribed by the department in
119 consultation with the Department of Veterans’ Affairs:
120 a. Of the temporary removal of a historic Florida monument
121 or memorial. The written notification must be provided within 10
122 days after the date of the local government’s decision to
123 temporarily remove the historic Florida monument or memorial.
124 b. That the military necessity has ceased or that the
125 construction or infrastructure project is completed. The written
126 notification must be provided within a reasonable time, but not
127 more than 30 days, after the military necessity has ceased or
128 the construction or infrastructure project has been completed.
129 2. The historic Florida monument or memorial must be
130 relocated back to the original location or, if that is not
131 possible, to a site with similar prominence, honor, visibility,
132 and access within the same county or municipality, as determined
133 by the department after consultation with the Florida Historical
134 Commission or, for a historic Florida military monument or
135 memorial, after consultation with the Department of Veterans’
136 Affairs.
137 (7)(a) The division shall consider any issue regarding the
138 protection, preservation, or relocation of a historic Florida
139 monument or memorial and must determine whether to take action,
140 defer making a decision, or not to make a decision. If such
141 determination involves a historic Florida military monument or
142 memorial, the division must consult with the Department of
143 Veterans’ Affairs.
144 (b) The division shall make a written record of its
145 decision to take action, to defer making a decision, or not to
146 make a decision, and the reasons therefor.
147 (8) The department, in consultation with the Department of
148 Veterans’ Affairs, may adopt rules to implement this section.
149 Section 2. This act shall take effect July 1, 2025.
150
151 ================= T I T L E A M E N D M E N T ================
152 And the title is amended as follows:
153 Delete everything before the enacting clause
154 and insert:
155 A bill to be entitled
156 An act relating to protection of historic monuments
157 and memorials; creating s. 267.201, F.S.; defining
158 terms; providing legislative intent; preempting all
159 removal, damage, and destruction of historic Florida
160 monuments and memorials to the state; providing that
161 any existing or future ordinance, regulation, or rule
162 to the contrary is void; providing that local
163 governments and elected or appointed local government
164 officials who violate the preemption are liable;
165 requiring the courts to declare certain ordinances,
166 regulations, or rules invalid and issue permanent
167 injunctions against the local government; providing
168 that it is no defense that a local government was
169 acting in good faith or upon the advice of counsel;
170 providing civil penalties for certain officials who
171 engage in certain actions; prohibiting the use of
172 public funds to defend or reimburse unlawful conduct
173 of certain persons; authorizing specified persons and
174 organizations to file suit against specified entities
175 for declaratory or injunctive relief and actual
176 damages; requiring the court to award prevailing
177 plaintiffs specified fees and damages; providing for
178 standing to bring civil actions; providing that a
179 local government is liable in certain instances;
180 requiring the state to restore or relocate a monument
181 or memorial in certain circumstances; prohibiting the
182 distribution of certain funding to local governments
183 until they reimburse the state; authorizing the
184 removal or temporary relocation of a monument or
185 memorial in certain instances, provided certain
186 requirements are met; specifying certain duties of the
187 Division of Historical Resources of the Department of
188 State and Department of Veterans’ Affairs concerning
189 certain monuments or memorials; providing for
190 rulemaking; providing an effective date.