THE BILL ITSELF
HB 455
Protection of Historic Monuments and Memorials
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A bill to be entitled
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An act relating to protection of historic monuments
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and memorials; providing a short title; creating s.
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267.201, F.S.; defining terms; providing legislative
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intent and findings; preempting all removal, damage
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to, or destruction of historic Florida monuments and
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memorials; providing that any existing or future
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ordinance, regulation, or rule to the contrary, and
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certain actions by elected or appointed local
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government officials, are void; prohibiting local
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governments from enacting or enforcing specified
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ordinances, regulations, or rules; providing that
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local governments and elected or appointed local
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government officials who violate the preemption are
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liable; requiring the court to declare certain
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ordinances, regulations, or rules invalid and issue
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permanent injunctions against the local government;
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providing that it is no defense that a local
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government was acting in good faith or upon the advice
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of counsel; providing civil penalties for certain
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officials who engage in certain actions; prohibiting
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the use of public funds to defend or reimburse
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unlawful conduct of certain persons; authorizing
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specified persons and organizations to file suit
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against specified entities for declaratory or
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injunctive relief and actual damages; requiring the
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court to award prevailing plaintiffs specified fees
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and damages; providing for standing to bring civil
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actions; providing that a local government is liable
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in certain instances; requiring the state to restore
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or relocate a monument or memorial in certain
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circumstances within a specified timeframe; requiring
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the Department of State to withhold certain funding
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from a local government until a certain reimbursement
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is made; prohibiting the local government from
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retroactively receiving such funding; authorizing a
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local government to temporarily remove and relocate a
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monument or memorial in certain instances provided
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certain requirements are met; providing such
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requirements; authorizing the Division of Historical
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Resources of the Department of State to request
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certain recommendations from the Florida Historical
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Commission and the Department of Veterans' Affairs;
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requiring the division to make a written record of its
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decision; prohibiting the division from requiring
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local governments to expend funds unrelated to
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specified circumstances; authorizing the department to
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adopt rules; 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. This act may be cited as the "Historic Florida
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Monuments and Memorials Protection Act."
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Section 2. Section 267.201, Florida Statutes, is created to read:
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267.201 Protection of historic monuments and memorials.—
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(1) As used in this section, the term:
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(a) "Department" means the Department of State.
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(b) "Historic Florida military monument or memorial" means
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a historic Florida monument or memorial that honors or recounts
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the military service of any past or present military personnel,
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including service in any armed conflict since settlers from
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other countries came to what is now the United States.
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(c) "Historic Florida monument or memorial" means a
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permanent statue, marker, plaque, flag, banner, cenotaph,
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religious symbol, painting, seal, tombstone, or display
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constructed and located on public property which has been
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displayed for at least 25 years, with the intent of being
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permanently displayed or perpetually maintained, and which is
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dedicated to any person, place, or event that was important in
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the past or which is in remembrance or recognition of a
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significant person or event in state history.
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(d) "Local government" means any municipality, county,
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school district, state college, state university, or other
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political subdivision of the state.
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(2)(a) It is the intent of the Legislature to declare void
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all ordinances, regulations, and executive actions regarding the
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removal, damage, or destruction of historic Florida monuments or
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memorials which have been enacted by any local government.
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(b) It is also the intent of the Legislature that the
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state act to protect each historic Florida monument or memorial
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from removal, damage, or destruction. The Legislature finds that
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an accurate and factual history belongs to all Floridians and
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future generations and that the state has an obligation to
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protect and preserve such history.
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(c) Further, it is the intent of the Legislature to
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provide statewide uniformity through the division. It is also
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the Legislature's intent for the division to work actively to
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protect and preserve each historic Florida monument or memorial
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and ensure that each such monument or memorial is not removed,
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damaged, or destroyed, regardless of the location of such
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monument or memorial in this state, and to consult with the
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Department of Veterans' Affairs on actions regarding all
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historic Florida military monuments or memorials.
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(3)(a) Any removal of, damage to, or destruction of
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historic Florida monuments or memorials is preempted to the
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state. Any existing or future local government ordinance,
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regulation, or rule to the contrary, or any such action by an
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elected or appointed local government official, other than those
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authorized in subsection (6), is void.
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(b) A local government may not enact or enforce any local
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ordinance, regulation, or rule removing, damaging, or destroying
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a historic Florida monument or memorial.
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(4)(a) A local government or an elected or appointed local
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government official who violates subsection (3) by enacting or
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enforcing a local ordinance, regulation, or rule impinging upon
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such preemption is liable as provided in this subsection.
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(b) If a local government violates paragraph (a), the
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court must declare the ordinance, regulation, or rule invalid
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and issue a permanent injunction against the local government,
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prohibiting the enforcement of such ordinance, regulation, or
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rule. It is not a defense that, in enacting or enforcing the
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ordinance, regulation, or rule, the local government was acting
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in good faith or upon the advice of counsel.
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(c) The court shall assess a civil fine of up to $1,000
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against an elected or appointed local government official who
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knowingly and willfully violates paragraph (a).
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(d) Except as required by applicable law, public funds may
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not be used to defend or reimburse the unlawful conduct of an
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elected or appointed local government official found to have
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knowingly and willfully violated paragraph (a).
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(e)1. A person or an organization described in
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subparagraph 2. may file suit against a local government or an
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elected or appointed local government official in any court of
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this state having jurisdiction over the defendant to the suit
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for declaratory or injunctive relief and for actual damages, as
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limited herein, caused by a violation. A court shall award a
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prevailing plaintiff in any such suit:
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a. Reasonable attorney fees and costs in accordance with
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the laws of this state; and
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b. The actual damages incurred, up to $100,000.
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2. The following have standing to bring a civil action for
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a violation of paragraph (a):
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a. A group involved in the design, erection, or
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maintenance of the monument or memorial or a member of such
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group; or
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b. A group or person regularly using the monument or
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memorial for remembrance.
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(5) If a historic Florida monument or memorial is removed,
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damaged, or destroyed by a local government in violation of
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paragraph (4)(a), the local government is liable for restoring
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or relocating such monument or memorial to its original
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condition or location or as close as possible to the original
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condition or location within 3 years after the date of the
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removal, damage, or destruction. If the local government does
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not have the necessary funds for the restoration or relocation,
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the state must restore or relocate such monument or memorial,
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and the department must withhold from the local government all
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arts, cultural, and historic preservation funding until the
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local government reimburses the state for the cost of restoring
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or relocating such monument or memorial. All such funds become
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available to the local government once the state is repaid. The
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local government may not retroactively collect any of the
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department funds that otherwise would have been received during
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the period that state funds were withheld.
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(6)(a) A local government may temporarily remove and
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relocate a historic Florida monument or memorial only due to
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military necessity or for any construction or infrastructure
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project.
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(b) The local government proposing to remove and relocate
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a Florida historic monument or memorial shall put into an escrow
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account a good faith estimate of the funds necessary to
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temporarily relocate such monument or memorial.
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(c) A historic Florida monument or memorial that is
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temporarily removed must be moved to a site of similar
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prominence, honor, visibility, and access within the same county
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or municipality in which the monument or memorial was originally
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located.
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(d)1. A local government shall provide written
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notification to the division, on a form prescribed by the
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department in consultation with the Department of Veterans'
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Affairs:
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a. Of the temporary removal and relocation of a historic
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Florida monument or memorial. The written notification must be
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provided within 10 days after the date of the local government's
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decision to temporarily remove such monument or memorial.
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b. That the military necessity has ceased or that the
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construction or infrastructure project is completed. The written
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notification must be provided within a reasonable timeframe, but
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not more than 30 days after the military necessity has ceased or
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the construction or infrastructure project has been completed.
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2. The historic Florida monument or memorial must be moved
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back to the original location or, if that is not possible, to a
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site with similar prominence, honor, visibility, and access
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within the same county or municipality, as determined by the
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division. The division may request recommendations for such
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locations from the Florida Historical Commission or, for a
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historic Florida military monument or memorial, from the
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Department of Veterans' Affairs.
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(7) The division shall make a written record of its
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decision to act or defer action on any issue regarding the
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protection, preservation, or relocation of a historic Florida
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monument or memorial. The division may not require a local
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government to expend funds on a historic Florida monument or
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memorial in instances unrelated to subsection (5) or subsection
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(6).
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(8) The department, in consultation with the Department of
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Veterans' Affairs, may adopt rules to implement this section.
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Section 3. This act shall take effect upon becoming a
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law.