SESSION WATCH
Died HOUSE · SESSION 2026

No. HB 1479

Abandoned and Historic Cemeteries
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SPONSOR
Driskell
FILED BY
Fentrice Driskell — District 67, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
Civil Justice & Claims Subcommittee

Filed under Environment & Water.

PROVIDED SUMMARY

Abandoned and Historic Cemeteries; Authorizes use of specified funds deposited in Florida Forever Trust Fund for acquisition of lands which preserve certain historic cemeteries; subject to appropriation, authorizing use of additional funds for acquisition of such lands; requires state to be granted easement for ingress & egress to abandoned cemeteries on private lands for specified purposes; requires abandoned cemeteries on private lands to be included in Florida Master Site File; provides that owner of such private land is entitled to conservation easement.

Full bill text →

Plain English Summary

AI-GENERATED
Forces private landowners to grant the state cemetery-access easements.

If credible evidence shows an abandoned cemetery sits on, under, or next to private land, the state must be granted an easement to enter, maintain, and research the site after giving the owner reasonable notice.

Once the state confirms the cemetery is real, it must be added to the Florida Master Site File, and the landowner becomes entitled to a conservation easement for that part of the property.

Separately, Florida Forever Trust Fund money can now go toward buying land that preserves historic cemeteries, and -- if the Legislature appropriates more -- toward buying conservation easements on cemeteries listed in the state's historic site file.

KEY PROVISIONS
§ 1 State gains mandatory access easement over private cemetery sites majors. 704.08

AIOnce credible evidence supports a finding that an abandoned cemetery is located on, under, or adjacent to privately owned land, the owner must grant the state an easement to enter and conduct maintenance, research, and noninvasive searches, after reasonable notice.

“the state must be granted an easement for ingress and egress for the purpose of maintaining and conducting research and noninvasive searches” bill text, line 69 →
§ 2 Confirmed abandoned cemeteries must join the Master Site File majors. 704.08

AIIf the state determines that an abandoned cemetery actually exists on the land, that cemetery must be added to the Florida Master Site File, the state's historic and archaeological site registry.

“the cemetery must be added to the Florida Master Site File pursuant to s. 267.21” bill text, line 74 →
§ 3 Landowner gains right to a conservation easement once confirmed moderates. 704.08

AIOnce the state confirms an abandoned cemetery on the property, the owner of that land becomes entitled to a conservation easement covering the cemetery, a right the owner did not previously have under this section.

“the owner of such land shall be entitled to a conservation easement for the cemetery” bill text, line 76 →
§ 4 Historic cemetery preservation added as a Florida Forever priority moderates. 259.105

AILand acquisitions that preserve historic cemeteries listed in the Florida Master Site File now qualify for the same increased funding priority the trust fund already gives to acquisitions protecting water resources and groundwater recharge.

“or which preserve historic cemeteries that are included in the Florida Master Site File pursuant to s. 267.21” bill text, line 38 →
§ 5 New funding path for buying cemetery conservation easements moderates. 259.105

AISubject to legislative appropriation, the trust fund may allocate additional money specifically to acquire conservation easements on historic cemeteries included in the Florida Master Site File, a distinct funding avenue from ordinary land acquisition.

“additional funds may be allocated for the acquisition of conservation easements on historic cemeteries that are included in the Florida Master Site File” bill text, line 49 →
TIMELINE
3/13/2026
Died in Civil Justice & Claims Subcommittee
2/4/2026
Now in Civil Justice & Claims Subcommittee
2/4/2026
Reported out of Natural Resources & Disasters Subcommittee
2/4/2026
Favorable by Natural Resources & Disasters Subcommittee
2/2/2026
Added to Natural Resources & Disasters Subcommittee agenda
1/15/2026
Now in Natural Resources & Disasters Subcommittee
1/15/2026
Referred to State Affairs Committee
1/15/2026
Referred to Civil Justice & Claims Subcommittee
1/15/2026
Referred to Natural Resources & Disasters Subcommittee
1/13/2026
1st Reading (Original Filed Version)
1/9/2026
Filed
5 EARLIER →
STATUTES IT CHANGES
s. 259.105
+50 / −0
s. 704.08
+112 / −1
s. 259.105
+0 / −0
STAFF ANALYSES