Florida 2022 Regular Session Status: Failed Bipartisan · 3 D · 2 R cosponsors

HB 1215 — Abandoned and Historic Cemeteries

Last action — Died on Second Reading Calendar

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Abandoned and Historic Cemeteries; Creates Historic Cemeteries Program; provides duties & responsibilities of program; requires program to provide grants; creates Historic Cemeteries Program Advisory Council; provides membership, terms, & duties of council; authorizes certain entities to acquire conservation easements to preserve cemeteries.

Bill Text

What changed in the latest version

202 added · 194 removed

202 line(s) added, 194 removed.

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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/HB1215 2022 A bill to be entitled An act relating to abandoned and historic 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/HB1215 2022 A bill to be entitled An act relating to abandoned and historic cemeteries;
revising the definition of the term "conservation easement" to include a right or interest in real property which is appropriate to retaining the structural integrity or physical appearance of certain Page 1of 8 CODING:
revising the definition of the term "conservation easement" to include a right or interest in real property which is appropriate to retaining the structural integrity or physical appearance of certain Page 1of 9 CODING:
hb1215-02-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/HB1215 2022 cemeteries;
hb1215-01-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/HB1215 2022 cemeteries;
providing for an appropriation;
(c) Serve as an interagency governmental liaison to municipalities, planning departments, colleges and universities, and community organizations to facilitate collaboration and the sharing of information relating to abandoned and historic Page 2of 8 CODING:
(c) Serve as an interagency governmental liaison to municipalities, planning departments, colleges and universities, and community organizations to facilitate collaboration and the Page 2of 9 CODING:
hb1215-02-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/HB1215 2022 cemeteries.
hb1215-01-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/HB1215 2022 sharing of information relating to abandoned and historic cemeteries.
(a) Research institutions, colleges and universities, and Page 3of 8 CODING:
Page 3of 9 CODING:
hb1215-02-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/HB1215 2022 qualified nonprofit organizations, for the purpose of conducting genealogical and historical research necessary to identify and contact the relatives and descendants of persons buried in abandoned African-American cemeteries.
hb1215-01-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/HB1215 2022 (a) Research institutions, colleges and universities, and qualified nonprofit organizations, for the purpose of conducting genealogical and historical research necessary to identify and contact the relatives and descendants of persons buried in abandoned African-American cemeteries.
(2) The council shall provide guidance and recommendations to the division regarding the duties and responsibilities of the Page 4of 8 CODING:
(2) The council shall provide guidance and recommendations Page 4of 9 CODING:
hb1215-02-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/HB1215 2022 Historic Cemeteries Program created under s.
hb1215-01-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/HB1215 2022 to the division regarding the duties and responsibilities of the Historic Cemeteries Program created under s.
(f) A brother or sister who is 18 years of age or older;
Page 5of 9 CODING:
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hb1215-02-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/HB1215 2022 (g) A grandchild who is 18 years of age or older;
hb1215-01-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/HB1215 2022 (f) A brother or sister who is 18 years of age or older;
(g) A grandchild who is 18 years of age or older;
Subsections (1) and (3) of section 704.06, Florida Statutes, are amended to read:
Subsections (1) and (3) of section 704.06, Page 6of 9 CODING:
Page 6of 8 CODING:
hb1215-02-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/HB1215 2022 704.06 Conservation easements;
hb1215-01-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/HB1215 2022 Florida Statutes, are amended to read:
704.06 Conservation easements;
(e) Surface use except for purposes that permit the land Page 7of 8 CODING:
Page 7of 9 CODING:
hb1215-02-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/HB1215 2022 or water area to remain predominantly in its natural condition.
hb1215-01-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/HB1215 2022 (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition.
The Legislature shall appropriate funds for the purpose of including abandoned African-American cemeteries in this state in the University of South Florida's Black Cemetery Page 8of 9 CODING:
Words strickenare deletions;
words underlined are additions.
hb1215-01-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/HB1215 2022 Network.
Section 6.
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hb1215-02-c2
hb1215-01-c1
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a Historic Cemeteries Program and Advisory Council, and revises definitions related to legally authorized persons and conservation easements.

  • 267.21

    267.21 Historic Cemeteries Program.— (1) The Historic Cemeteries Program is created within the division. The State Historic Preservation Officer shall serve as the director of the program and shall, subject to legislative appropriation, employ three full-time employees to operate the program. The program shall have the following duties and responsibilities: (a) Serve as the organizational center for recording and updating in the Florida Master Site File records of cemeteries in this state established at least 50 years ago. (b) Develop guidelines for use by state agencies, local governments, and developers in the identification, location, and maintenance of abandoned and historic cemeteries. (c) Serve as an interagency governmental liaison to municipalities, planning departments, colleges and universities, and community organizations to facilitate collaboration and the sharing of information relating to abandoned and historic cemeteries. (d) Coordinate with the University of South Florida's Black Cemetery Network to facilitate the inclusion of abandoned African-American cemeteries in the Black Cemetery Network. (e) Research, identify, and record abandoned cemeteries, with an emphasis on abandoned African-American cemeteries. (f) When abandoned cemeteries are located, provide notification and guidance to relevant persons and assist with efforts to identify relatives and descendants, funeral directors, religious organizations, qualified nonprofit organizations, and property owners. (g) Assist constituents, descendant communities, state and federal agencies, local governments, and other stakeholders with inquiries relating to abandoned cemeteries. (h) In coordination with the Department of Education, develop a curriculum relating to abandoned and historic cemeteries, with a focus on citizenship, social responsibility, and history. (i) Establish a priority for the placement of historical markers for erased, forgotten, lost, or abandoned African-American cemeteries. (2) The Historic Cemeteries Program shall, subject to legislative appropriation, provide grants to the following entities: (a) Research institutions, colleges and universities, and qualified nonprofit organizations, for the purpose of conducting genealogical and historical research necessary to identify and contact the relatives and descendants of persons buried in abandoned African-American cemeteries. (b) Local governments and qualified nonprofit organizations, for the purposes of repairing, restoring, and maintaining abandoned African-American cemeteries. (3) The division may adopt rules to implement this section.

    This creates a new program focused on the preservation and maintenance of historic cemeteries.

  • 267.22

    267.22 Historic Cemeteries Program Advisory Council.— (1) The Historic Cemeteries Program Advisory Council, an advisory council as defined in s. 20.03(7), is created within the division and shall consist of members appointed by the Secretary of State after considering the recommendations of the director of the division. The council must be composed of an inclusive group of members who are regionally distributed and representative of communities throughout this state. Members shall serve 4-year staggered terms. As soon as practicable after July 1, 2022, the council shall meet to elect a chair from its membership. Except as otherwise provided in this section, the council shall operate in a manner consistent with s. 20.052. (2) The council shall provide guidance and recommendations to the division regarding the duties and responsibilities of the Historic Cemeteries Program created under s. 267.21. (3) Members of the council shall serve without compensation but may receive per diem and reimbursement for travel expenses pursuant to s. 112.061.

    This establishes an advisory council to guide the Historic Cemeteries Program.

  • 497.005

    or other person, including a member of a representative community organization, not listed in this subsection who is willing to assume the responsibility as the legally authorized person. → or other person who is willing to assume the responsibility as the legally authorized person.

    This expands the category of individuals who can be deemed legally authorized persons for burial and funeral decisions.

  • 704.06

    retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance, including abandoned and neglected cemeteries that are 50 or more years old; → retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance, including abandoned cemeteries;

    This modifies the definition of 'conservation easement' to specifically highlight abandoned cemeteries.

Action History

  1. Died on Second Reading Calendar

  2. Indefinitely postponed and withdrawn from consideration

  3. Added to Second Reading Calendar

  4. Bill released to House Calendar

  5. Reported out of State Affairs Committee

  6. Favorable by State Affairs Committee

  7. Added to State Affairs Committee agenda

  8. Now in State Affairs Committee

  9. Referred to State Affairs Committee

  10. 1st Reading (Committee Substitute 2)

  11. CS Filed

  12. Laid on Table under Rule 7.18(a)

  13. Reported out of Infrastructure & Tourism Appropriations Subcommittee

  14. Favorable with CS by Infrastructure & Tourism Appropriations Subcommittee

  15. Added to Infrastructure & Tourism Appropriations Subcommittee agenda

  16. Now in Infrastructure & Tourism Appropriations Subcommittee

  17. Referred to State Affairs Committee

  18. Referred to Infrastructure & Tourism Appropriations Subcommittee

  19. 1st Reading (Committee Substitute 1)

  20. CS Filed

  21. Laid on Table under Rule 7.18(a)

  22. Reported out of Government Operations Subcommittee

  23. Favorable with CS by Government Operations Subcommittee

  24. Added to Government Operations Subcommittee agenda

  25. Now in Government Operations Subcommittee

  26. Referred to State Affairs Committee

  27. Referred to Infrastructure & Tourism Appropriations Subcommittee

  28. Referred to Government Operations Subcommittee

  29. 1st Reading (Original Filed Version)

  30. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 6 co-sponsors · 155 not signed on

Sponsors (3)

  • Infrastructure and Tourism Appropriations Subcommittee
  • Government Operations Subcommittee
  • Driskell, Fentrice Democrat

Co-sponsors (6)

Not signed on (155)

155 members have not signed on to this bill.

Show all 155 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (State Affairs Committee)

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Democrat 6001
Republican 8000
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Altman — Yea
Drake — Yea
Fischer — Not Voting
Goff-Marcil — Yea
Payne — Yea
Roth — Yea
Stevenson — Yea
Toledo — Yea
Zika — Yea
Bartleman, Robin Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Joseph, Dotie Democrat Not Voting
Smith, Carlos Guillermo Democrat Yea
Woodson, Marie Paule Democrat Yea
Buchanan, James Republican Yea
Chaney, Linda Republican Yea
Giallombardo, Mike Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Rodriguez, Ana Maria Republican Yea
Smith, David Republican Yea

Favorable With Committee Substitute (Infrastructure & Tourism Appropriations Subcommittee)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 3000
Unaffiliated 5001
Republican 6000
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Bell — Yea
Harding — Yea
Rommel — Yea
Silvers — Yea
Slosberg-King — Not Voting
Williamson — Yea
Arrington, Kristen Aston Democrat Yea
Daley, Dan Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Chaney, Linda Republican Yea
LaMarca, Chip Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plasencia, Susan Republican Yea

Favorable With Committee Substitute (Government Operations Subcommittee)

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5001
Democrat 5000
Unaffiliated 7000
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Fetterhoff — Yea
Fischer — Yea
Killebrew — Yea
McCurdy — Yea
Roth — Yea
Sabatini — Yea
Zika — Yea
Chambliss, Kevin D. Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Rayner, Michele K. Democrat Yea
Skidmore, Kelly Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Borrero, David Republican Yea
Fabricio, Tom Republican Yea
McClure, Lawrence Republican Yea
Rizo, Alex Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 1215 do?
Abandoned and Historic Cemeteries; Creates Historic Cemeteries Program; provides duties & responsibilities of program; requires program to provide grants; creates Historic Cemeteries Program Advisory Council; provides membership, terms, & duties of council; authorizes certain entities to acquire conservation easements to preserve cemeteries.
Who sponsors HB 1215?
HB 1215 is sponsored by Smith, David (Republican), Infrastructure and Tourism Appropriations Subcommittee, Government Operations Subcommittee, Driskell, Fentrice (Democrat), Altman, Daley, Dan (Democrat), Hart-Lowman, Dianne "Ms Dee" (Democrat), LaMarca, Chip (Republican), and Zika.
What is the current status of HB 1215?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1215?
Track HB 1215 free on One Click Politics — get push/email alerts when it moves.

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