Florida Senate - 2020                                    SB 1690
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01216A-20                                          20201690__
    1                        A bill to be entitled                      
    2         An act relating to preservation of memorials;
    3         providing a short title; creating s. 265.710, F.S.;
    4         defining the term “memorial”; prohibiting specified
    5         activities concerning memorials by a person or an
    6         entity; providing for liability and the award of
    7         certain costs and damages for violations of the act;
    8         requiring the Secretary of State to provide written
    9         approval before the placement of certain materials on
   10         or adjacent to certain memorials on public property;
   11         granting certain persons standing for enforcement of
   12         the act; amending s. 806.13, F.S.; providing criminal
   13         penalties for damage to or removal of certain
   14         memorials; redefining the term “community service” for
   15         purposes of minors found to have committed certain
   16         delinquent acts of criminal mischief; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. This act may be cited as the “Historical
   22  Memorials Protection Act.”
   23         Section 2. Section 265.710, Florida Statutes, is created to
   24  read:
   25         265.710 Civil liability for damaging, destroying, or
   26  removing memorials; enforcement.—
   27         (1) As used in this section, the term “memorial” means a
   28  plaque, statue, marker, flag, banner, cenotaph, religious
   29  symbol, painting, seal, tombstone, structure name, or display
   30  that is constructed and located with the intent of being
   31  permanently displayed or perpetually maintained; is dedicated to
   32  a historical person, an entity, an event, or a series of events;
   33  and honors or recounts the military service of any past or
   34  present United States Armed Forces military personnel, or the
   35  past or present public service of a resident of the geographical
   36  area comprising this state or the United States. The term
   37  includes, but is not limited to, the following memorials
   38  established under this chapter:
   39         (a) Florida Women’s Hall of Fame;
   40         (b)Florida Medal of Honor Wall;
   41         (c)Florida Veterans Hall of Fame;
   42         (d) POW-MIA Chair of Honor Memorial;
   43         (e) Florida Veterans’ Walk of Honor and Florida Veterans’
   44  Memorial Garden;
   45         (f) Florida Law Enforcement Officers’ Hall of Fame;
   46         (g) Florida Holocaust Memorial;
   47         (h)Florida Slavery Memorial; and
   48         (i) Any other memorial located within the Capitol Complex,
   49  including, but not limited to, Waller Park.
   50         (2) Any person or entity that damages or destroys any
   51  memorial, or that takes or removes a memorial without returning
   52  the memorial to its original position and condition, is liable
   53  for the full cost of repair or replacement of such memorial
   54  unless such person or entity was authorized to take or remove
   55  the memorial by the person or entity owning such memorial for
   56  the purpose of restoring or repairing the memorial.
   57         (3) In addition to the cost of repair or replacement, any
   58  person or entity that intentionally damages, destroys, takes, or
   59  removes a memorial without authorization is liable for treble
   60  damages, attorney fees, and court costs to the owner of the
   61  memorial in any action or proceeding brought to recover damages
   62  for the cost of repair or replacement of a memorial.
   63         (4) No plaque, sign, picture, marker, exhibit, notice, or
   64  other object that would obstruct the view of a memorial that is
   65  located on public property or that would convey information
   66  about such a memorial may be placed on or immediately adjacent
   67  to any such memorial in existence on or before January 1, 2019,
   68  without the express written approval of the Secretary of State.
   69         (5) A resident of this state, a historical preservation
   70  organization, a military veteran, a veterans’ organization, or a
   71  law enforcement or firefighter benevolent organization has
   72  standing to seek enforcement of this section through civil
   73  action in the circuit court in the county in which a memorial
   74  that has been damaged or destroyed is located.
   75         Section 3. Present subsections (5) through (9) of section
   76  806.13, Florida Statutes, are renumbered as subsections (6)
   77  through (10), respectively, a new subsection (5) is added to
   78  that section, and present subsection (8) of that section is
   79  amended, to read:
   80         806.13 Criminal mischief; penalties; penalty for minor.—
   81         (5) A person may not willfully damage or deface, or remove
   82  by any means, a memorial that is owned or erected by a
   83  governmental entity, a museum, a historical society, or a
   84  similar public or private organization, or a memorial that is
   85  located in a cemetery or on a grave or tombstone. A person who
   86  violates this subsection commits a felony of the third degree,
   87  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   88  For purposes of this subsection, the term “memorial” has the
   89  same meaning as in s. 265.710.
   90         (9)(8) A minor whose driver license or driving privilege is
   91  revoked, suspended, or withheld under subsection (8) (7) may
   92  elect to reduce the period of revocation, suspension, or
   93  withholding by performing community service at the rate of 1 day
   94  for each hour of community service performed. In addition, if
   95  the court determines that due to a family hardship, the minor’s
   96  driver license or driving privilege is necessary for employment
   97  or medical purposes of the minor or a member of the minor’s
   98  family, the court shall order the minor to perform community
   99  service and reduce the period of revocation, suspension, or
  100  withholding at the rate of 1 day for each hour of community
  101  service performed. As used in this subsection, the term
  102  “community service” means cleaning graffiti from public
  103  property, including graffiti on memorials, or the general
  104  cleanup of parks dedicated to veterans or historic sites.
  105         Section 4. This act shall take effect October 1, 2020.