HB 37 — Abandoned Cemeteries

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 37 2021 A bill to be entitled An act relating to abandoned cemeteries;

requiring the department to partner with specified entities to undertake an investigation of the former Zion Cemetery site;

specifying custody of certain historical resources, records, archives, artifacts, research, and medical records;

requiring the department to contract with the University of South Florida and Florida Agricultural and Mechanical University for the identification and location of eligible next of kin;

requiring the universities to provide certain information regarding descendants to the department by a specified date;

directing the Division of Historical Resources of the department to ensure the listing of certain cemeteries in the Florida Master Site File;

requiring the division to seek placement of historical markers at certain Page 1 of 7 CODING:

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hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 37 2021 abandoned cemeteries, subject to certain limitations;

authorizing certain persons and organizations to assist the division in researching the history of such cemeteries;

specifying that costs associated with the creation and placement of such historical markers be borne by the division;

WHEREAS, until the conclusion of the Civil War, millions of African Americans in the United States, including Florida, were enslaved, and WHEREAS, following the end of slavery, African Americans continued to be subject to various discriminatory practices, including restrictions on burying the dead, which resulted in segregated cemeteries and burial grounds, and WHEREAS, unlike predominantly white cemeteries and burial grounds, African-American cemeteries and burial grounds were not subject to regulations and recordkeeping necessary to protect the dignity of the deceased, and WHEREAS, as a result, many abandoned African-American cemeteries and burial grounds have been inadvertently discovered following years of disrepair and neglect when land is being redeveloped or has been sold, and WHEREAS, to this day, abandoned African-American cemeteries and burial grounds throughout this state continue to be uncovered, as evidenced by recent reports regarding the former Page 12 of 57 CODING:

hb0037-02-c2hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 37 2021 following years of disrepair and neglect when land is being redeveloped or has been sold, and WHEREAS, to this day, abandoned African-American cemeteries and burial grounds throughout this state continue to be uncovered, as evidenced by recent reports regarding the former Zion Cemetery site in the Tampa Heights neighborhood and the former Ridgewood Cemetery on the grounds of C.

Except as otherwise provided in Pagethis 2section, ofthe 5task CODING:force shall operate in a manner consistent with s.

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hb0037-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 37 2021 this section, the task force shall operate in a manner consistent with s.

(a)Page The3 Secretary of State,7 orCODING: his or her designee, who shall serve as chair.

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words underlined are additions.

hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 37 2021 (a) The Secretary of State, or his or her designee, who shall serve as chair.

Page(i) 3One member of 5the CODING:House of Representatives, appointed by the Speaker of the House of Representatives.

(j) One elected official from a local government, appointed by the Secretary of State.

(3) The task force shall hold its first meeting by August Page 4 of 7 CODING:

hb0037-02-c2hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 37 2021 (i)1, One2021. member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(j) One elected official from a local government, appointed by the Secretary of State.

(3) The task force shall hold its first meeting by August 1, 2021.

Page(5) 4By January 1, 2022, the task force shall submit a report detailing its findings and recommendations to the Governor, the President of 5the CODING:Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives.

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hb0037-02-c2hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 37 2021 (5)(6) ByThis Januarysection 1,expires 2022,March the11, task2022. force shall submit a report detailing its findings and recommendations to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives.

(6) This section expires March 11, 2022.

(1)(a) Upon receiving consent of the property owners at the former Zion Cemetery site in Tampa, the Department of State shall partner with the University of South Florida, Florida Agricultural and Mechanical University, and the Zion Cemetery Archaeological Committee formed under the auspices of the Tampa Housing Authority to continue an investigation to determine how many graves remain at the site.

(b) Any historical resource, record, archive, artifact, public research, or medical record that is recovered through the course of the investigation by the University of South Florida or the Florida Agricultural and Mechanical University shall remain in the custody of either university for archiving and preservation until the Department of State requests custody of such resource, record, archive, artifact, public research, or medical record.

(2)(a) The Department of State shall contract with the University of South Florida and Florida Agricultural and Mechanical University for the identification and location of eligible next of kin of those buried at the site.

(b) No later than January 1, 2022, the universities shall provide the Department of State with a list of possible descendants of those buried at the site and, to the extent possible, their contact information.

(c) For any identification of next of kin occurring on or Page 6 of 7 CODING:

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hb0037-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 37 2021 after January 1, 2022, the universities must provide contact information of the next of kin to the Department of State.