SB 1122 — Protection of Historic Monuments and Memorials

(2)(b) A“Division” localmeans 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 constructionDivision projectof 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 CommissionResources or,within for a military monument or memorial, as determined by the executivedepartment. director of the Department of Veterans’ Affairs after consultation with the Florida Historical Commission.

A(c) monument“Historic orFlorida memorialmilitary temporarilymonument relocatedor formemorial” suchmeans purpose shall be Page 2 of 98 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 relocated to a sitehistoric ofFlorida similarmonument prominence,or honor,memorial visibility,that andhonors accessor withinrecounts the samemilitary countyservice of any past or municipalitypresent inmilitary whichpersonnel, theincluding monumentany orarmed memorialconflict wassince originallysettlers located.from other countries came to what is now the United States.

(3)(d) The“Historic Florida Historicalmonument Commissionor shallmemorial” providemeans advicea andpermanent counselstatue, tomarker, theplaque, Secretaryflag, ofbanner, Statecenotaph, religious symbol, painting, seal, tombstone, or display constructed and thelocated Stateon Historicpublic Preservationproperty Officerwhich tohas ensurebeen displayed for at least 25 years with the protectionintent of abeing historicalpermanently monumentdisplayed or memorialperpetually maintained and which is dedicated to theany executivepersons, directorplaces, ofor events that were important in the Departmentpast ofor Veterans’that Affairsare forin remembrance or recognition of a militarysignificant monumentperson or memorial.event in state history.

(4)(e) It“Local isgovernment” themeans intentany ofmunicipality, thecounty, Legislatureschool thatdistrict, the state notcollege, allowstate auniversity, historical monument or memorialany toother bepolitical removed,subdivision damaged,of orthe destroyed.state.

Accurate(2)(a) historyIt belongsis the intent of the Legislature to declare void all Floridiansordinances, inregulations, perpetuity.and executive actions regarding the removal, damage, or destruction of historic Florida monuments or memorials which have been enacted by any local government.

A(b) contextualIt markeris oralso plaque may be placed near the monumentintent or memorial if the Secretary of State or the executiveLegislature directorthat of the Departmentstate ofact Veterans’to Affairs,protect aseach appropriate,historic and the State Historic Preservation Officer, after consulting with the Florida Historicalmonument Commission, decide that such marker or plaquememorial providesfrom aremoval, moredamage, accurate understanding of the monument or memorial.destruction.

(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,(c) theFurther, stateit preemptsis anythe localintent governmentof electedthe officialsLegislature whoto mayprovide bestatewide swayeduniformity bythrough undue influence by groups who may feel offended or hurt by certain actions in the historydivision. of the state or the nation.

It is thealso intent of the LegislatureLegislature’s tointent protectthat the expendituredivision ofactively statework fundsto byprotect, preservingPage historical3 monumentsof and8 memorials.CODING:

Section 3.

Subsection (4) of section 267.0612, Florida Page 3 of 9 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 Statutes,preserve, and ensure that each historic Florida monument or memorial is amendednot toremoved, read:damaged, or destroyed, regardless of the location of such monument or memorial in the state, and consult with the Department of Veterans’ Affairs on actions regarding historic Florida military monuments or memorials.

267.0612(3) The state occupies the whole field of removal, damage, or destruction of historic Florida Historicalmonuments Commission;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, rules, or actions are void.

creation;(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.

membership;(b) If a local government violates paragraph (a), the court shall declare the ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule.

powersIt andis duties.—Inno orderdefense tothat enhance public participation and involvement in theenacting preservation and protection of the state’sordinance, historicregulation, andor archaeologicalrule sites and properties, there is created within the Departmentlocal ofgovernment Statewas theacting “Florida Historical Commission.” The commission shall serve in angood advisoryfaith capacityor toupon theadvice director of thecounsel. 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)(c) The commissioncourt shall meetassess upona thecivil callfine of theup presidingto officer$1,000 against an elected or Secretaryappointed oflocal State,government whichofficial shallwho occurknowingly atand leastwillfully quarterly.violates paragraph (a).

Members(d) shallExcept serveas withoutrequired pay,by butapplicable shalllaw, bepublic entitledfunds tomay reimbursementPage for4 theirof expenses8 inCODING: carrying out their official duties, as provided in s.

112.061.

The commission shall take minutes of each meeting as required by s.

286.011(2), and shall post such minutes on the website of the Division of Historical Resources within 30 days after the meeting.

Minutes of the commission that have not been adopted or that are still in draft form must be so labeled when posted.

Section 4.

Section 267.201, Florida Statutes, is created to read:

267.201 Protection of historical monuments and memorials.— (1) As used in this section, the term:

(a) “Historic” means persons, places, or events that were important in the past or that have continuing relevance in the present.

(b) “Local government” means any city, county, school Page 4 of 9 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 districtnot be used to defend or otherreimburse publicthe educationalunlawful institution,conduct of an elected or anyappointed otherlocal politicalgovernment subdivisionofficial offound theto statehave knowingly and itswillfully agencies.violated paragraph (a).

(c)(e)1. “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display constructed and located with the intent of being permanently displayed or perpetually maintained which is dedicated to a historic person, entity, event, or series of events.

(d)A “Militaryperson monument or memorial”an includesorganization adescribed monumentin orsubparagraph memorial2. that features a historic person, entity, event, or series of events and 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.

Themay Departmentfile ofsuit Veterans’against Affairsa shalllocal usegovernment thisor definitionan inelected consultingor withappointed thelocal Secretarygovernment official in any court of Statethis orstate having jurisdiction over the Statedefendant Historicto Preservationthe Officersuit for declaratory or theinjunctive Floridarelief Historicaland Commissionfor onactual anydamages, monumentsas orlimited memorials.herein, caused by the violation.

(e)A “Monument”court meansshall aaward permanent structure such as a marker,prevailing statue,plaintiff sculpture, plaque, or other object, including a tree or other living plant, placed in remembranceany orsuch recognitionsuit: of a significant person or event in state history.

(2)(a)a. A person or an entity may not take or remove a monument or memorial displayed on public property without authorization from the owner of such monument or memorial or commit any act that would constitute a violation of s.

806.135.Reasonable attorney fees and costs in accordance with the laws of this state;

Ifand theb. owner of the monument or memorial cannot be determined, permission may be given by a group or person described in subsection (4).

IfThe noactual suchdamages groupincurred, orbut personnot ismore found,than the$100,000. owner of the land may seek to acquire ownership of the monument or Page 5 of 9 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 Page 5 of 8 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 memorialhistoric throughpreservation adversefunding possession.until the local government reimburses the state for the cost of restoring or relocating such monument or memorial, and all such funds shall again be available to the local government once the state is repaid.

(b)The Thislocal sectiongovernment appliesmay tonot retroactively collect any monumentsof orthe memorialsdepartment funds that otherwise would have been removed,received damaged,during orthe destroyedperiod onthat orstate afterfunds Octoberwere 1,withheld. 2020.

(3)(6)(a) TheA followinglocal havegovernment standingmay toonly bringremove a civilhistoric actionFlorida inmonument theor circuitmemorial courttemporarily indue theto countymilitary innecessity which the monument or memorial was located for any violationconstruction ofor subsectioninfrastructure (2):project.

(a)(b) AThe grouplocal involvedgovernment inproposing theto design,remove erection,such monument or carememorial ofshall theput monumentinto oran memorialescrow oraccount athe membergood-faith estimate of suchthe afunds group.necessary to relocate the monument or memorial.

(b)(c) A grouphistoric Florida monument or personmemorial regularlytemporarily usingremoved 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 forwas remembrance.originally located.

(4)(d)1. A person or an entity 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 time but not more than 12 months after the construction project is completed, the 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.

A monumentlocal orgovernment memorialmust temporarilyprovide relocatedwritten fornotification suchto purposethe shalldivision, beon relocated to a siteform ofprescribed similarby prominence, honor, visibility, and access within the samedepartment county or municipality in whichconsultation with the monumentDepartment orof memorialVeterans’ wasAffairs: originally located.

(a)a. When such a monument or memorial is taken or removed from its location due to a construction or rehabilitation project, the State Historic Preservation Officer must be notified within 10 days of the event on a form developed by the officer.

TheOf Statethe Historictemporary Preservationremoval Officerof shalla alsohistoric beFlorida Pagemonument 6or ofmemorial. 9 CODING:

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.

b.

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 Page 6 of 8 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 notifiedmore ofthan the30 completiondays, ofafter the constructionmilitary projectnecessity thathas necessitatesceased the taking or removal of the monumentconstruction and whether the monument or memorialinfrastructure wasproject returnedhas tobeen itscompleted. original location as required by this subsection or, if not, where it is now located.

(b) If a monument or memorial has been removed, damaged, or destroyed by a local government, the local government shall be liable for restoring the monument or memorial to its original condition or as close as possible to the original condition.

If the local government does not have the necessary funds, the state shall restore the monument or memorial and the Department of State shall withhold from the local government all arts, cultural, and historic preservation funding until the local government reimburses the state for the cost of restoring the monument or memorial and all such funds shall again be available to the local government once the state is repaid.

(5)(a) Any official, agent, or member of a local government who directs, assists, facilitates, or votes to remove or destroy a monument or memorial that is removed or destroyed on or after July 1, 2024, is subject to a civil penalty of up to $1,000, 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.

Such penalty shall be paid from the official’s, agent’s, or member’s personal funds without any reimbursement from any other entity.

(b) An elected official of a local government acting in his or her official capacity who knowingly and willfully violates this section on or after July 1, 2024, may be subject to suspension or removal from office by the Governor.

Page 7 of 9 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 SB 1122 33-00052A-24 20241122__ (6) The local government proposing to remove or destroy the monument or memorial shall put into an escrow account the good- faith estimate of the funds necessary to replace the monument or memorial and the Florida Historical Commission or, for a military monument or memorial, the executive director of the Department of Veterans’ Affairs shall provide advice on the relocation.

(7)(a) The Department of State and the State Historic Preservation officer have the authority and responsibility to actively work to protect and preserve a monument or memorial which has the state seal, the name of the state, or a direct connection with state history.

(b)1.

The State Historic Preservation Officer or, for a military monument, marker, plaque, or memorial, the executive director of the Department of Veterans’ Affairs, shall take any issue regarding protecting 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.

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, to 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 Veterans’ Affairs.

If(8) anyThe provisiondepartment, ofin thisconsultation actwith orthe itsDepartment applicationof toVeterans’ anyAffairs, personmay oradopt circumstancesrules isto heldimplement invalid,this thesection. invalidity Page 8 of 9 CODING:

(9) This section applies to any monuments and memorials that have been removed, damaged, or destroyed on or after July 1, 2018.

Section 3.

If any provision of this act or its application Page 7 of 8 CODING:

Florida Senate - 2024 CS for SB 1122 33-00052A-24578-03034-24 20241122__20241122c1 to any person or circumstance 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 6.4.

Page 98 of 98 CODING: