| 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. |