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House Bill 0591

House Bill hb0591c1

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001              CS/HB 591

        By the Committee on Tourism and Representatives Kilmer,
    Paul, Spratt, Melvin, Diaz de la Portilla, Andrews, Clarke,
    Russell, Bense, Rubio, Bean, Kendrick, Stansel, Benson,
    Johnson, Cantens, Argenziano, Detert, Miller, Farkas, Dockery,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to historic preservation;

  3         creating the "Florida Historical Monuments and

  4         Memorials Protection Act"; prohibiting the

  5         relocation, removal, disturbance, or alteration

  6         of a monument, memorial, plaque, marker, or

  7         historic flag commemorating or memorializing

  8         specified wars and military engagements

  9         permanently displayed on public property of the

10         state or any of its political subdivisions,

11         except under specified circumstances;

12         prohibiting a person or organization from

13         preventing the public or private body

14         responsible for the protection, preservation,

15         or care of any monument, memorial, plaque,

16         marker, or historic flag from exercising its

17         responsibility to provide such protection,

18         preservation, or care; providing a penalty for

19         violation; prohibiting the renaming or

20         rededication of a street, park, bridge,

21         building, school, preserve, reserve, or other

22         public area of the state or any of its

23         political subdivisions dedicated in memory of

24         or named for any historic figure or event;

25         providing an exception; providing an effective

26         date.

27

28         WHEREAS, it is a proper endeavor for a society to

29  remember and respect the symbols of its military history and

30  the valor, sacrifice, and patriotism of all its sons and

31  daughters, and

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    Florida House of Representatives - 2001              CS/HB 591

    177-266-01






  1         WHEREAS, it is also fitting and proper for a society to

  2  remember, respect, honor, and recognize the history and

  3  heritage and the many contributions of all of the citizenry of

  4  a society, and

  5         WHEREAS, it is remembrance and respect for the past

  6  that provides the path for mutual understanding and respect in

  7  the future, NOW, THEREFORE,

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  (1)  This act shall be known and may be

12  cited as the "Florida Historical Monuments and Memorials

13  Protection Act."

14         (2)  No monument, memorial, plaque, marker, or historic

15  flag commemorating or memorializing the American Revolutionary

16  War, the War of 1812, the Mexican War, the Civil War, the

17  Spanish-American War, World War I, World War II, the Korean

18  War, the Vietnam War, the Persian Gulf War, or the

19  Native-American War permanently displayed on public property

20  of the state or any of its political subdivisions may be

21  relocated, removed, disturbed, or altered, except for removal

22  for the express purpose of needed renovations, alterations,

23  corrections, or due to necessary roadway expansions or other

24  necessary construction. The state or political subdivision,

25  whichever is applicable, shall return such monument, memorial,

26  plaque, marker, or historic flag to the original location or,

27  if not feasible, shall place such monument, memorial, plaque,

28  marker, or historic flag in another appropriate location on

29  public property for public display and access.

30         (3)  No person or organization may prevent the public

31  or private body responsible for the protection, preservation,

                                  2

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    Florida House of Representatives - 2001              CS/HB 591

    177-266-01






  1  or care of any monument, memorial, plaque, marker, or historic

  2  flag enumerated in subsection (1) from exercising its

  3  responsibility to protect, preserve, or care for such

  4  monument, memorial, plaque, marker, or historic flag. A person

  5  who violates the provisions of this subsection commits a

  6  misdemeanor of the second degree, punishable as provided in s.

  7  775.082 or s. 775.083.

  8         (4)  No street, park, bridge, building, school,

  9  preserve, reserve, or other public area of the state or any of

10  its subdivisions dedicated in memory of or named for any

11  historic figure or event may be renamed or rededicated unless

12  approved by at least a two-thirds vote of the governmental

13  body responsible for naming such street, park, bridge,

14  building, school, preserve, reserve, or other public area or

15  by a vote in excess of two-thirds of the governmental body

16  when required by local ordinance governing the action of such

17  governmental body.

18         Section 2.  This act shall take effect upon becoming a

19  law.

20

21

22
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23

24                       ADDITIONAL SPONSORS

25
    Hogan, Allen, Baxley, Kallinger, Gibson, Maygarden, Green,
26
    Barreiro, Bowen, Needelman, Weissman, Kottkamp, Bullard,
27
    Holloway, Davis, Wallace, Crow, Attkisson and Betancourt
28

29

30

31

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