| 1 | A bill to be entitled |
| 2 | An act relating to cemeteries; amending s. 704.08, F.S.; |
| 3 | providing a statutory easement for ingress and egress, for |
| 4 | the visitation and maintenance of a cemetery, for members |
| 5 | of not-for-profit organizations whose purposes include the |
| 6 | preservation of state history; providing an effective |
| 7 | date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Section 704.08, Florida Statutes, is amended to |
| 12 | read: |
| 13 | 704.08 Cemeteries; right of ingress and egress for |
| 14 | visiting or maintenance.-- |
| 15 | (1) The relatives and descendants of any person buried in |
| 16 | a cemetery shall have an easement for ingress and egress for the |
| 17 | purpose of visiting the cemetery at reasonable times and in a |
| 18 | reasonable manner. The owner of the land may designate the |
| 19 | easement. If the cemetery is abandoned or otherwise not being |
| 20 | maintained, such relatives and descendants may request the owner |
| 21 | to provide for reasonable maintenance of the cemetery, and, if |
| 22 | the owner refuses or fails to maintain the cemetery, the |
| 23 | relatives and descendants shall have the right to maintain the |
| 24 | cemetery. |
| 25 | (2) In the absence of relatives and descendants of a |
| 26 | person buried in a cemetery, members of any not-for-profit |
| 27 | organization whose purposes include the preservation of |
| 28 | Florida's history may use the easement described in this |
| 29 | section. If the owner of the land and the relatives and |
| 30 | descendants of persons buried in a cemetery refuse or fail to |
| 31 | maintain the cemetery as provided in this section, the members |
| 32 | of any not-for-profit organization whose purposes include the |
| 33 | preservation of Florida's history shall have the right to |
| 34 | maintain the cemetery. Before the members of any not-for-profit |
| 35 | organization whose purposes include the preservation of |
| 36 | Florida's history may use an easement or maintain a cemetery |
| 37 | pursuant to this section, a representative of the organization |
| 38 | must file a letter with the Division of Historical Resources of |
| 39 | the Department of State indicating that the organization intends |
| 40 | to act pursuant to this subsection. Such letter may, but is not |
| 41 | required to, indicate the specific easement or cemetery. |
| 42 | Section 2. This act shall take effect upon becoming a law. |