THE BILL ITSELF
HB 1479
Abandoned and Historic Cemeteries
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A bill to be entitled
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An act relating to abandoned and historic cemeteries;
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amending s. 259.105, F.S.; authorizing the use of
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specified funds deposited in the Florida Forever Trust
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Fund for the acquisition of lands which preserve
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certain historic cemeteries; subject to appropriation,
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authorizing the use of additional funds for the
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acquisition of such lands; amending s. 704.08, F.S.;
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requiring the state to be granted an easement for
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ingress and egress to abandoned cemeteries on private
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lands for specified purposes; requiring abandoned
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cemeteries on private lands to be included in the
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Florida Master Site File; providing that the owner of
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such private land is entitled to a conservation
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easement; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraphs (k) through (m) of subsection (3) of
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section 259.105, Florida Statutes, are redesignated as
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paragraphs (l) through (n), respectively, paragraph (b) of
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subsection (3) is amended, and a new paragraph (k) is added to
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that subsection, to read:
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259.105 The Florida Forever Act.—
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(3) Less the costs of issuing and the costs of funding
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reserve accounts and other costs associated with bonds, the
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proceeds of cash payments or bonds issued pursuant to this
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section shall be deposited into the Florida Forever Trust Fund
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created by s. 259.1051. The proceeds shall be distributed by the
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Department of Environmental Protection in the following manner:
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(b) Thirty-five percent to the Department of Environmental
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Protection for the acquisition of lands and capital project
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expenditures described in this section. Of the proceeds
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distributed pursuant to this paragraph, it is the intent of the
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Legislature that an increased priority be given to those
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acquisitions which achieve a combination of conservation goals,
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including protecting Florida's water resources and natural
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groundwater recharge, or which preserve historic cemeteries that
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are included in the Florida Master Site File pursuant to s.
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267.21. At a minimum, 3 percent, and no more than 10 percent, of
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the funds allocated pursuant to this paragraph shall be spent on
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capital project expenditures identified during the time of
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acquisition which meet land management planning activities
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necessary for public access. Beginning in the 2017-2018 fiscal
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year and continuing through the 2026-2027 fiscal year, at least
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$5 million of the funds allocated pursuant to this paragraph
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shall be spent on land acquisition within the Florida Keys Area
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of Critical State Concern as authorized pursuant to s. 259.045.
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(k) Subject to legislative appropriation, additional funds
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may be allocated for the acquisition of conservation easements
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on historic cemeteries that are included in the Florida Master
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Site File pursuant to s. 267.21.
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Section 2. Section 704.08, Florida Statutes, is amended to
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read:
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704.08 Cemeteries; right of ingress and egress for
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visiting, or maintenance, research, and searches.—
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(1) The relatives and descendants of any person buried in
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a cemetery shall have an easement for ingress and egress for the
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purpose of visiting the cemetery at reasonable times and in a
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reasonable manner. The owner of the land may designate the
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easement. If the cemetery is abandoned or otherwise not being
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maintained, such relatives and descendants may request the owner
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to provide for reasonable maintenance of the cemetery, and, if
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the owner refuses or fails to maintain the cemetery, the
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relatives and descendants shall have the right to maintain the
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cemetery.
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(2) If credible evidence supports a determination that
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there is an abandoned cemetery located on, underneath, or
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adjacent to land owned by a private owner, the state must be
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granted an easement for ingress and egress for the purpose of
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maintaining and conducting research and noninvasive searches at
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such cemetery at reasonable times and in a reasonable manner
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after providing the owner with reasonable notice. If the state
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determines that an abandoned cemetery exists on such land, the
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cemetery must be added to the Florida Master Site File pursuant
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to s. 267.21 and the owner of such land shall be entitled to a
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conservation easement for the cemetery.
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Section 3. This act shall take effect July 1, 2026.