HB 395 — Protection of Historic Monuments and Memorials
Last action — Died in Appropriations Committee
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2024 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Protection of Historic Monuments and Memorials; Prohibits certain acts concerning historic monuments & memorials on public property; provides for standing to bring civil actions; provides civil penalties for officials who engage in certain actions; provides local government is liable in certain instances; requires state to restore or relocate monument or memorial in certain circumstances; prohibits distribution of funding to local governments until they reimburse state; authorizes removal or temporary relocation of monument or memorial in certain instances provided certain requirements are met; specifies certain duties of Division of Historical Resources & Department of Veterans' Affairs.
Bill Text
What changed in the latest version
202 added · 262 removed202 line(s) added, 262 removed.
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 HB395CS/HB395 2024 A bill to be entitled An act relating to protection of historicalhistoric monuments and memorials;
providing legislative intent;
amending s.
267.0612, F.S.;
requiring the Florida Historical Commission to take minutes of its meetings and post such minutes on a specified website within a specified period;
prohibitingproviding certainlegislative actsintent; concerning historical monuments and memorials;
prohibiting certain acts concerning historic monuments and memorials on public property;
providing for damages;
providing civil penalties for certain officials who engage in certain actions;
providing forthat removala oflocal suchgovernment officialsis liable in certain circumstances;instances;
providingrequiring forthe state fundingto forrestore restorationor ofrelocate a monument or memorial in certain circumstances;
providingprohibiting forthe reimbursementdistribution of suchcertain funds;funding to local governments until they reimburse the state;
specifyingauthorizing certainthe dutiesremoval ofor thetemporary Departmentrelocation of State,a Statemonument Historicor Preservationmemorial Officer,in andcertain Floridainstances Historicalprovided Commission concerning certain monumentsrequirements orare memorials;met;
requiringspecifying publiccertain displayduties of athe specifiedDivision statue;of Historical Resources within the Department of State and Department of Veterans' Affairs concerning certain monuments or memorials;
providing severability;for rulemaking;
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hb0395-00hb0395-01-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 HB395CS/HB395 2024 Section 1.
This act may be cited as the "Historical"Historic Florida Monuments and Memorials Protection Act." Section 2.
(1) It is the intent of the Legislature that the State of Florida takes all actions to protect and preserve all historical monuments and memorials from removal, damage, or destruction.
The Secretary of State and the State Historic Preservation Officer shall be responsible for ensuring that each nonmilitary Florida monument or memorial is not removed, damaged, or destroyed, regardless of the location of such monument or memorial in the state or in the United States.
The Department of Veterans' Affairs shall have these responsibilities for military monuments and memorials.
(2) A local government may only relocate a historical monument or memorial temporarily due to construction and, within a reasonable time but not more than 12 months after the construction project is completed, the historical monument or memorial shall be placed back at the original location or, if that is not possible, as close as possible to the original location in a prominent place for easy and accessible public viewing as determined by the Florida Historical Commission or, for a military monument or memorial, as determined by the executive director of the Department of Veterans' Affairs.
A monument or memorial temporarily relocated for such purpose shall be relocated to a site of similar prominence, honor, Page 2of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0395-00 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 HB395 2024 visibility, and access within the same county or municipality in which the monument or memorial was originally located.
(3) The Florida Historical Commission shall provide advice and counsel to the Secretary of State and the State Historic Preservation Officer to ensure the protection of a historical monument or memorial.
(4) It is the intent of the Legislature that the state not allow a historical monument or memorial to be removed, damaged, or destroyed.
Accurate history belongs to all Floridians in perpetuity.
A contextual plaque or marker may be placed near the monument or memorial if the Secretary of State or the executive director of the Department of Veterans' Affairs, as appropriate, and the State Historic Preservation Officer, after consulting with the Florida Historical Commission, decide that such marker provides a more accurate understanding of the monument or memorial.
(5) The Legislature finds that an accurate and factual history belongs to all Floridians and future generations and the state has an obligation to protect and preserve such history.
Accordingly, the state preempts any local elected officials who may be swayed by undue influence by groups who may feel offended or hurt by certain actions in the history of the state or the nation.
It is the intent of the Legislature to protect the expenditure of state funds by preserving historical monuments and memorials.
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words underlined are additions.
hb0395-00 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 HB395 2024 Section 3.
Subsection (4) of section 267.0612, Florida Statutes, is amended to read:
267.0612 Florida Historical Commission;
creation;
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membership;
powers and duties.—In order to enhance public participation and involvement in the preservation and protection of the state's historic and archaeological sites and properties, there is created within the Department of State the "Florida Historical Commission." The commission shall serve in an advisory capacity to the director of the Division of Historical Resources to assist the director in carrying out the purposes, duties, and responsibilities of the division, as specified in this chapter.
(4) The commission shall meet upon the call of the presiding officer or Secretary of State, which shall occur at least quarterly.
Members shall serve without pay, but shall be entitled to reimbursement for their expenses in carrying out their official duties, as provided in s.
112.061.
The commission shall take minutes of each meeting and post such minutes on the Division of Historical Resources website within 30 days after the meeting.
Section 4.
267.201 Protection of historicalhistoric monuments and memorials.— (1) As used in this section, the term:
(a) "Historic""Department" means persons,the places,Department orof eventsState. that were Page 4of 10 CODING:
(b) "Division" means the Division of Historical Resources within the department.
(c) "Historic Florida military monument or memorial" means a historic Florida monument or memorial that honors or recounts the military service of any past or present military personnel, including any armed conflict since settlers from other countries came to what is now the United States.
(d) "Historic Florida monument or memorial" means a permanent statue, marker, plaque, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, or display constructed and located on public property which has been displayed for at least 25 years, with the intent of being permanently displayed or perpetually maintained and which is dedicated to any persons, places, or events that were important in the past or that are in remembrance or recognition of a significant person or event in state history.
(e) "Local government" means any municipality, county, school district, state college, state university, or any other Page 2of 8 CODING:
hb0395-00hb0395-01-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 HB395CS/HB395 2024 importantpolitical insubdivision theof past or that have continuing relevance in the present.state.
(b)(2)(a) "Memorial"It meansis a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display constructed and located with the intent of beingthe permanentlyLegislature displayedto ordeclare perpetuallyvoid maintainedall whichordinances, isregulations, dedicatedand toexecutive aactions historicregarding person,the entity,removal, event,damage, or seriesdestruction of events,historic orFlorida whichmonuments honors or recountsmemorials thewhich militaryhave servicebeen ofenacted by any pastlocal orgovernment. present military personnel.
(c)(b) "MilitaryIt monumentis oralso memorial"the includesintent a monument or memorial that features a historic person, entity, event, or series of eventsthe andLegislature that honorsthe orstate recountsact theto militaryprotect serviceeach ofhistoric anyFlorida pastmonument or presentmemorial military personnel, including any armed conflict since settlers from otherremoval, countriesdamage, cameor todestruction. what is now the United States.
The DepartmentLegislature offinds Veterans'that Affairsan shallaccurate useand thisfactual definitionhistory inbelongs consultingto withall theFloridians Secretaryand offuture Stategenerations orand the Statestate Historichas Preservationan Officerobligation onto anyprotect monumentsand orpreserve memorials.such history.
(d)(c) "Monument"Further, meansit ais permanentthe structureintent such as a marker, statue, sculpture, plaque, or other object, including a tree or other living plant, placed in remembrance or recognition of athe significantLegislature personto orprovide eventstatewide inuniformity statethrough history.the division.
(2)(a)It Ais personalso orthe anLegislature's entityintent maythat notthe takedivision oractively removework ato protect, preserve, and ensure that each historic Florida monument or memorial displayedis onnot publicremoved, propertydamaged, withoutor authorizationdestroyed, fromregardless of the ownerlocation of such monument or memorial orin Pagethe 5ofstate 10and CODING:consult with the Department of Veterans' Affairs on actions regarding historic Florida military monuments or memorials.
(3) The state occupies the whole field of removal, damage, or destruction of historic Florida monuments or memorials to the exclusion of any existing or future local government ordinance, regulation, or rule, or any action by an elected or appointed local government official, and any such ordinances, regulations, Page 3of 8 CODING:
hb0395-00hb0395-01-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 HB395CS/HB395 2024 commitrules, anyor actactions thatare wouldvoid. constitute a violation of s.
806.135.(4)(a) Any local government or elected or appointed local government official who violates the Legislature's occupation of the whole field of removal, damage, or destruction of historic Florida monuments or memorials by enacting or enforcing any local ordinance, regulation, or rule impinging upon such exclusive occupation of the field shall be liable as provided in this subsection.
(b) If a local government violates paragraph (a), the ownercourt ofshall declare the monumentordinance, regulation, or memorialrule cannotinvalid beand determined,issue permissiona maypermanent beinjunction givenagainst bythe alocal groupgovernment orprohibiting personit describedfrom inenforcing subsectionsuch (4).ordinance, regulation, or rule.
IfIt is no suchdefense groupthat orin personenacting isthe found,ordinance, theregulation, owneror ofrule the landlocal maygovernment seekwas toacting acquirein ownershipgood offaith the monument or memorialupon throughadvice adverseof possession.counsel.
(b)(c) ThisThe sectioncourt appliesshall toassess anya monumentscivil orfine memorialsof thatup haveto been$1,000 removed,against damaged,an elected or destroyedappointed onlocal orgovernment afterofficial Januarywho 1,knowingly 2017.and willfully violates paragraph (a).
(3)(d) AExcept personas orrequired anby entityapplicable thatlaw, violatespublic subsectionfunds (2)may isnot liablebe forused trebleto thedefend amountor ofreimburse the fullunlawful costconduct toof return,an repair,elected or replaceappointed suchlocal monumentgovernment orofficial memorialfound or to removehave anknowingly objectand thatwillfully violatesviolated paragraph (2)(b)(a). and may be subject to punitive damages.
(4)(e)1. The following have standing to bring a civil action in the circuit court in the county in which the monument or memorial was located for any violation of subsection (2):
(a) A groupperson involved in the design, erection, or carean oforganization thedescribed monumentin orsubparagraph memorial2. or a member of such a group.
(b)may Afile groupsuit oragainst persona regularlylocal usinggovernment theor monumentan elected or memorialappointed forlocal remembrance.government official in any court of Page 4of 8 CODING:
(5) An agency may only relocate a monument or memorial temporarily due to construction, expansion, or alteration of a public building, road, street, or highway, or any other construction or infrastructure project and, within a reasonable Page 6of 10 CODING:
hb0395-00hb0395-01-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 HB395CS/HB395 2024 timethis butstate nothaving morejurisdiction thanover 12the monthsdefendant afterto the constructionsuit projectfor isdeclaratory completed, the monument or memorialinjunctive shallrelief beand placedfor backactual atdamages, the original location or, if that is not possible, as closelimited asherein, possiblecaused toby the originalviolation. location in a prominent place for easy and accessible public viewing.
A monumentcourt or memorial temporarily relocated for such purpose shall beaward relocated to a siteprevailing ofplaintiff similar prominence, honor, visibility, and access within the same county or municipality in whichany thesuch monumentsuit: or memorial was originally located.
(6)(a)a. Any official, agent, or member of a local government who directs, permits, facilitates, or votes to remove or destroy a monument or memorial is subject to a civil penalty of up to $5,000, or the actual cost of the removal and replacement of the monument or memorial, including repairs that may be necessitated due to the relocation and replacement, whichever is greater.
SuchReasonable penaltyattorney shallfees beand paidcosts fromin theaccordance official's,with agent's,the orlaws member'sof personalthis fundsstate; without any reimbursement from any other entity.
(b) An elected official acting in his or her official capacity who knowingly and willfullyb. violates this section is subject to removal from office by the Governor.
(7)(a)The Ifactual thedamages Floridaincurred, Historicalbut Commissionnot or,more forthan a$100,000. military monument or memorial, the executive director of the Department of Veterans' Affairs, decides that the monument or memorial should be displayed, the local government proposing to Page 7of 10 CODING:
2.
The following have standing to bring a civil action for any violation of paragraph (a):
a.
A group involved in the design, erection, or care of the monument or memorial or a member of such a group.
b.
A group or person regularly using the monument or memorial for remembrance.
(5) If a historic Florida monument or memorial is removed, damaged, or destroyed by a local government in violation of paragraph (4)(a), the local government is liable for restoring or relocating such monument or memorial to its original condition or location or as close as possible to the original condition or location within 3 years after the date of the removal, damage, or destruction.
If the local government does not have the necessary funds, the state shall restore or relocate such monument or memorial and the department shall withhold from the local government all arts, cultural, and historic preservation funding until the local government Page 5of 8 CODING:
hb0395-00hb0395-01-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 HB395CS/HB395 2024 removereimburses or destroy the monumentstate orfor memorial shall put into an escrow account the good-faithcost estimate of therestoring fundsor necessaryrelocating tosuch replace the monument or memorial and theall Floridasuch Historicalfunds Commissionshall or,again forbe aavailable militaryto monument or memorial, the executivelocal directorgovernment ofonce the Departmentstate ofis Veterans'repaid. Affairs shall provide advice on the relocation.
(b)The If a monument or memorial is removed, damaged, or destroyed by a local government, the local government shallmay benot liableretroactively forcollect restoringany of the monumentdepartment orfunds memorialthat tootherwise itswould originalhave conditionbeen orreceived asduring closethe asperiod possiblethat tostate thefunds originalwere condition.withheld.
If(6)(a) theA local government doesmay notonly haveremove thea necessaryhistoric funds,Florida the state shall restore the monument or memorial andtemporarily thedue Departmentto ofmilitary Statenecessity shallor withhold from the local government all arts, cultural, and historic preservation funding until the local government reimburses the state for theany costconstruction of restoring the monument or memorialinfrastructure andproject. all such funds shall again be available to the local government once the state is repaid.
(8)(a)(b) The Departmentlocal ofgovernment Stateproposing has the authority and responsibility to activelyremove worksuch to protect and preserve a monument or memorial anywhereshall input theinto Unitedan Statesescrow whichaccount has the stategood-faith seal,estimate the name of the state,funds ornecessary ato directrelocate connectionthe withmonument stateor history.memorial.
(b)1.(c) A historic Florida monument or memorial temporarily removed for such purpose shall be temporarily relocated to a site of similar prominence, honor, visibility, and access within the same county or municipality in which the monument or memorial was originally located.
The(d)1. State Historic Preservation Officer or, for a military monument or memorial, the executive director of the Department of Veterans' Affairs, shall take any issue regarding Page 8of 10 CODING:
A local government must provide written notification to the division, on a form prescribed by the department in consultation with the Department of Veterans' Affairs:
a.
Of the temporary removal of a historic Florida monument or memorial.
The written notification must be provided within 10 days after the date of the local government's decision to temporarily remove the historic Florida monument or memorial.
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hb0395-00hb0395-01-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 HB395CS/HB395 2024 protectingb. or preserving a monument or memorial to the Florida Historical Commission for authorization to take action, to defer making a decision, or to not make a decision, regardless of his or her recommendation as to whether action needs to be taken.
That the military necessity has ceased or that the construction or infrastructure project is completed.
The written notification must be provided within a reasonable time, but not more than 30 days, after the military necessity has ceased or the construction or infrastructure project has been completed.
The minuteshistoric ofFlorida monument or memorial shall be relocated back at the commissionoriginal mustlocation recordor, anyif votethat is not possible, at a site with similar prominence, honor, visibility, and access within the reasonssame ofcounty theor commissionmunicipality foras determined by the authorizationdepartment toafter takeconsultation action,with tothe deferFlorida makingHistorical Commission or, for a decision,historic Florida military monument or tomemorial, notafter makeconsultation awith decision.the Department of Veterans' Affairs.
(7)(a) The executivedivision directorshall oftake theany Departmentissue ofregarding Veterans'protecting, Affairspreserving, shallor makerelocating a writtenhistoric recordFlorida monument or memorial to the Florida Historical Commission or, in the case of hisa historic Florida military monument or hermemorial, decisionto the Department of Veterans' Affairs, for a recommendation to take action, to defer making a decision, or to not make a decisiondecision. and the reasons therefor.
Section(b) 5.The division shall make a written record of its decision to take action, to defer making a decision, or to not make a decision and the reasons therefor in consultation with the Florida Historical Commission or, in the case of a historic Florida military monument or memorial, the Department of Page 7of 8 CODING:
A statue that was formerly in the National Statuary Hall Collection in the United States Capitol shall be made available by the Department of State for public display by Robert Grenier, of Tavares, who in 2018 was awarded the right to exhibit the statue anywhere in Lake County so long as admission is free.
By July 1, 2025, if Robert Grenier cannot locate a suitable site for the statue, the Secretary of State, in consultation with the Department of Veterans' Affairs, shall determine an appropriate location for viewing for free the statue anywhere in the state.
The state shall be responsible for all costs of removing the statue from the R.A.
Gray Museum, transporting the statue to its future location, removing the statue from the transport, and placing the statue on a suitable pedestal inside a structure that provides protection from the Page 9of 10 CODING:
hb0395-00hb0395-01-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 HB395CS/HB395 2024 weather.Veterans' Affairs.
Section(8) 6.The department, in consultation with the Department of Veterans' Affairs, may adopt rules to implement this section.
IfSection any3. provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Section 7.
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View plain text versions (2)
- H 395 c1 View text Current pdf
- Introduced H 395 Filed pdf
Action History
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Died in Appropriations Committee
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Now in Appropriations Committee
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Referred to Judiciary Committee
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Referred to Appropriations Committee
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of State Affairs Committee
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Favorable with CS by State Affairs Committee
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PCS added to State Affairs Committee agenda
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1st Reading (Original Filed Version)
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Now in State Affairs Committee
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Referred to Judiciary Committee
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Referred to Appropriations Committee
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Referred to State Affairs Committee
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Filed
Sponsors
- State Affairs Committee · Primary
- Dean Black · Primary
- Webster Barnaby · Primary
- Robert Charles "Chuck" Brannan III · Cosponsor
- Tom Fabricio · Cosponsor
- Berny Jacques · Cosponsor
- Rudman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 4 co-sponsors · 157 not signed on · 5 voted No
Sponsors (3)
- State Affairs Committee
- Black, Dean Republican
- Barnaby, Webster Republican
Co-sponsors (4)
- Brannan III, Robert Charles "Chuck" Republican
- Fabricio, Tom Republican
- Jacques, Berny Republican
- Rudman
Not signed on (157)
157 members have not signed on to this bill.
Show all 157 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 11 | 0 | 0 | 0 |
| Democrat | 0 | 5 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 1 |
| Total | 14 | 6 | 0 | 1 |
| % of votes cast | 67% | 29% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Caruso | — | Yea |
| Casello | — | Nay |
| Roach | — | Yea |
| Roth | — | Yea |
| Temple | — | Not Voting |
| Bartleman, Robin | Democrat | Nay |
| Eskamani, Dr. Anna V. | Democrat | Nay |
| Gantt, Ashley Viola | Democrat | Nay |
| Rayner, Michele K. | Democrat | Nay |
| Robinson, Felicia Simone | Democrat | Nay |
| Alvarez, Daniel Antonio "Danny" | Republican | Yea |
| Black, Dean | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Busatta, Demi | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Griffitts Jr., Philip Wayne "Griff" | Republican | Yea |
| Holcomb, Jeff | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Mooney Jr., James Vernon "Jim" | Republican | Yea |
| Persons-Mulicka, Jenna | Republican | Yea |
| Porras, Juan Carlos | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 395 do?
- Protection of Historic Monuments and Memorials; Prohibits certain acts concerning historic monuments & memorials on public property; provides for standing to bring civil actions; provides civil penalties for officials who engage in certain actions; provides local government is liable in certain instances; requires state to restore or relocate monument or memorial in certain circumstances; prohibits distribution of funding to local governments until they reimburse state; authorizes removal or temporary relocation of monument or memorial in certain instances provided certain requirements are met; specifies certain duties of Division of Historical Resources & Department of Veterans' Affairs.
- Who sponsors HB 395?
- HB 395 is sponsored by State Affairs Committee, Black, Dean (Republican), Barnaby, Webster (Republican), Brannan III, Robert Charles "Chuck" (Republican), Fabricio, Tom (Republican), Jacques, Berny (Republican), and Rudman.
- What is the current status of HB 395?
- This bill died with 2024 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 395?
- Track HB 395 free on One Click Politics — get push/email alerts when it moves.
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