How HB 1215 changes current law

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.