HOUSE AMENDMENT
    hbd-22                                      Bill No. CS/HB 991
    Amendment No. ___ (TECHNICAL AMENDMENT)
                            CHAMBER ACTION
              Senate                               House
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11  The Procedural & Redistricting Council offered the following:
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13         Technical Amendment 
14         On page 12, line 23, through page 14, line 3,
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  
18         Section 6.  Section 497.253, Florida Statutes, is
19  amended to read:
20         497.253  Minimum acreage; sale or disposition of
21  cemetery lands.--
22         (1)  Each licensee shall set aside a minimum of 30 15
23  contiguous acres of land for use by the licensee as a cemetery
24  and shall not sell, mortgage, lease, or encumber that property
25  without prior written approval of the department.
26         (2)  Any lands owned by a licensee and dedicated for
27  use by it as a cemetery, which are contiguous, adjoining, or
28  adjacent to the minimum of 30 15 contiguous acres described in
29  subsection (1), may be sold, conveyed, or disposed of by the
30  licensee, after obtaining written approval of the department
31  pursuant to subsection (3), for use by the new owner for other
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    File original & 9 copies    04/16/01                          
    hbd0005                     12:15 pm         00991-prc -652429

HOUSE AMENDMENT hbd-22 Bill No. CS/HB 991 Amendment No. ___ (TECHNICAL AMENDMENT) 1 purposes than as a cemetery. All of the human remains which 2 have been previously interred therein shall first have been 3 removed from the lands proposed to be sold, conveyed, or 4 disposed of; however, the provisions of ss. 470.0295 and 5 497.515(7) must be complied with prior to any disinterment of 6 human remains. Any and all titles, interests, or burial rights 7 which may have been sold or contracted to be sold in lands 8 which are the subject of the sale shall be conveyed to and 9 revested in the licensee prior to consummation of any such 10 sale, conveyance, or disposition. 11 (3)(a) If the property to be sold, conveyed, or 12 disposed of under subsection (2) has been or is being used for 13 the permanent interment of human remains, the applicant for 14 approval of such sale, conveyance, or disposition shall cause 15 to be published, at least once a week for 4 consecutive weeks, 16 a notice meeting the standards of publication set forth in s. 17 125.66(4)(b)2. The notice shall describe the property in 18 question and the proposed noncemetery use and shall advise 19 substantially affected persons that they may file a written 20 request for a hearing pursuant to chapter 120, within 14 days 21 after the date of last publication of the notice, with the 22 department if they object to granting the applicant's request 23 to sell, convey, or dispose of the subject property for 24 noncemetery uses. 25 (b) If the property in question has never been used 26 for the permanent interment of human remains, no notice or 27 hearing is required. 28 (c) If the property in question has been used for the 29 permanent interment of human remains, the department shall 30 approve the application, in writing, if it finds that it would 31 not be contrary to the public interest. In determining whether 2 File original & 9 copies 04/16/01 hbd0005 12:15 pm 00991-prc -652429
HOUSE AMENDMENT hbd-22 Bill No. CS/HB 991 Amendment No. ___ (TECHNICAL AMENDMENT) 1 to approve the application, the department shall consider any 2 evidence presented concerning the following: 3 1. The historical significance of the subject 4 property, if any. 5 2. The archaeological significance of the subject 6 property, if any. 7 3. The public purpose, if any, to be served by the 8 proposed use of the subject property. 9 4. The impact of the proposed change in use of the 10 subject property upon the inventory of remaining cemetery 11 facilities in the community and upon the other factors 12 enumerated in s. 497.201(3). 13 4.5. The impact of the proposed change in use of the 14 subject property upon the reasonable expectations of the 15 families of the deceased regarding whether the cemetery 16 property was to remain as a cemetery in perpetuity. 17 5.6. Whether any living relatives of the deceased 18 actively oppose the relocation of their deceased's remains and 19 the conversion of the subject property to noncemetery uses. 20 6.7. The elapsed time since the last interment in the 21 subject property. 22 7.8. Any other factor enumerated in this chapter that 23 the department considers relevant to the public interest. 24 (d) Any deed, mortgage, or other conveyance by a 25 cemetery company or other owner pursuant to subsections (a) 26 and (c) above must contain a disclosure in the following or 27 substantially similar form: 28 29 NOTICE: The property described herein was formerly used and 30 dedicated as a cemetery. Conveyance of this property and its 31 use for noncemetery purposes was authorized by the Florida 3 File original & 9 copies 04/16/01 hbd0005 12:15 pm 00991-prc -652429
HOUSE AMENDMENT hbd-22 Bill No. CS/HB 991 Amendment No. ___ (TECHNICAL AMENDMENT) 1 Department of Banking and Finance by Order No. ...., dated 2 ..... 3 4 (e) The department shall adopt such rules as are 5 necessary to carry out the provisions of this section. 6 (4) A licensee may convey and transfer to a 7 municipality or county its real and personal property, 8 together with moneys deposited in trust funds pursuant to this 9 chapter, provided the municipality or county will accept 10 responsibility for maintenance thereof and prior written 11 approval of the department is obtained. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 04/16/01 hbd0005 12:15 pm 00991-prc -652429