SB 1096 — Monuments and Memorials

Florida Senate - 2023 CS for SB 1096 By Senatorthe MartinCommittee 33-00987-23on 20231096__Governmental AOversight bill to be entitled An act relating to monuments and memorials;Accountability;

and Senator Martin 585-02613-23 20231096c1 A bill to be entitled An act relating to monuments and memorials;

defining the termterms “memorial”;“memorial” and “monument”;

Florida Senate - 2023 CS for SB 1096 33-00987-23585-02613-23 20231096__20231096c1 crafts, media arts, visual arts, programs of museums, and other such allied, major art forms.

Florida Senate - 2023 CS for SB 1096 33-00987-23585-02613-23 20231096__20231096c1 state or local government or a public or private nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting educational programs that are related to the historical resources of Florida.

(12) “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed, placedplaced, or located with the intent of being permanently displayed or perpetually maintained, that is dedicated to a historical person, entity, event, or series of events, and that honors or recounts the military service of any past or present military personnel or the past or present public service of a resident of the geographical area comprising this state or the United States of America.

(13) “Panel”“Monument” means a grantpermanent reviewstructure, panel.such as a marker, statue, sculpture, plaque, or other artifice, including living plant material, placed in remembrance or recognition of a significant person or event in Florida history.

(14)(13)(14) “Science“Panel” museum” means a publicgrant orreview privatepanel. nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting programs for the observation and study of various types of natural science and science technology.

(15)(14)(15)(13) “Secretary”“Science museum” means a public or private nonprofit organization located in Florida and operating on a permanent basis for the Secretaryprimary purpose of State.sponsoring, producing, and exhibiting programs for the observation and study Page 3 of 5 CODING:

(16)(15) “State service organization” means a public or private nonprofit organization located in Florida operating on a Page 3 of 5 CODING:

Florida Senate - 2023 CS for SB 1096 33-00987-23585-02613-23 20231096__20231096c1 permanentof basisvarious fortypes the primary purpose of implementingnatural programsscience that have cultural significance and thatscience emphasizetechnology. American creativity and the maintenance and encouragement of professional excellence.

(17)(16)(16)(14) “State“Secretary” touring program grants” means grantsthe usedSecretary toof provideState. performances, activities, and exhibitions by Florida artists to communities.

(18)(17)(17)(15) “Underserved“State artsservice communityorganization” assistancemeans programa grants”public meansor grantsprivate usednonprofit byorganization qualifiedlocated organizationsin underFlorida operating on a permanent basis for the Ruralprimary Economicpurpose Developmentof Initiative,implementing pursuantprograms tothat ss.have cultural significance and that emphasize American creativity and the maintenance and encouragement of professional excellence.

(18)(16) “State touring program grants” means grants used to provide performances, activities, and exhibitions by Florida artists to communities.

(19)(17) “Underserved arts community assistance program grants” means grants used by qualified organizations under the Rural Economic Development Initiative, pursuant to ss.

(19)(18)(20)(18) “Youth and children’s museum” means a public or private nonprofit organization located in Florida and operating on a permanent basis for the primary purpose of sponsoring, producing, and exhibiting multidisciplinary and participatory programs for visitors who are 6 months to 15 years old, and their families, teachers, and caregivers.

265.710 Civil liability.— (1) Any person or entity that damages, defaces, destroys, or removes a monument or memorial displayed on publicly owned property is liable for treble the amount of the full cost to return, repair, or replace the monument or memorial and may be subjectPage to4 punitiveof damages5 unlessCODING: the person or entity was authorized to alter, move, repair, or replace the monument or memorial by the public entity that owns it.

(2) A public entity that owns a monument or memorial, any Page 4 of 5 CODING:

Florida Senate - 2023 CS for SB 1096 33-00987-23585-02613-23 20231096__20231096c1 legalsubject residentto ofpunitive thisdamages state,unless orthe anyperson or entity whosewas purposeauthorized is historic preservation has standing to bringalter, amove, civilrepair, actionor forreplace damages in the circuit court in the county in which a monument or memorial hasby beenthe damaged,public defaced,entity destroyed,that orowns removedit. or for any act prohibited by s.

(2) A public entity that owns a monument or memorial, any legal resident of this state, or any entity whose purpose is historic preservation has standing to bring a civil action for damages in the circuit court in the county in which a monument or memorial has been damaged, defaced, destroyed, or removed or for any act prohibited by s.