Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 844
       
       
       
       
       
       
                                Ì717080ÆÎ717080                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2017           .                                
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       The Committee on Criminal Justice (Simmons) recommended the
       following:
       
    1         Senate Substitute for Amendment (129514) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 872.02, Florida Statutes, is amended to
    7  read
    8         872.02 Injuring or removing tomb or monument; disturbing
    9  contents of grave or tomb; penalties.—
   10         (1) A person commits a felony of the third degree,
   11  punishable as provided in s. 775.082, s. 775.083, or s. 775.084
   12  if he or she:
   13         (a)who Willfully and knowingly destroys, mutilates,
   14  defaces, injures, or removes any tomb, monument, gravestone,
   15  burial mound, earthen or shell monument containing human
   16  skeletal remains or associated burial artifacts, or other
   17  approved structure or approved thing placed or designed for a
   18  memorial of the dead, or any fence, railing, curb, or other
   19  thing intended for the protection or ornamentation of any tomb,
   20  monument, gravestone, burial mound, earthen or shell monument
   21  containing human skeletal remains or associated burial
   22  artifacts, or other structure before mentioned, or for any
   23  enclosure for the burial of the dead;, or
   24         (b) Willfully destroys, mutilates, removes, cuts, breaks,
   25  or injures any tree, shrub, or plant placed or being within any
   26  such enclosure, except for anyone performing routine maintenance
   27  and upkeep commits a felony of the third degree, punishable as
   28  provided in s. 775.082, s. 775.083, or s. 775.084.
   29         (2) A person who willfully and knowingly excavates,
   30  exposes, moves, removes, or otherwise disturbs the contents of a
   31  tomb or grave commits a felony of the second degree, punishable
   32  as provided in s. 775.082, s. 775.083, or s. 775.084.
   33         (3) This section does shall not apply to any person acting
   34  under the direction or authority of the Division of Historical
   35  Resources of the Department of State, to cemeteries operating
   36  under chapter 497, any cemeteries removing or relocating the
   37  contents of a grave or tomb as a response to a natural disaster,
   38  or to any person otherwise authorized by law to remove or
   39  disturb a tomb, monument, gravestone, burial mound, or similar
   40  structure, or its contents, as described in subsection (1).
   41         (4) For purposes of this section, the term “tomb” includes
   42  any mausoleum, columbarium, or belowground crypt.
   43         (5)Notwithstanding subsections (1) and (2), an owner,
   44  officer, employee, or agent of a cemetery exempt from regulation
   45  pursuant to s. 497.260 may relocate the contents of a grave or
   46  tomb:
   47         (a)After receiving a written and signed contract between
   48  the owner and a legally authorized person as defined in s.
   49  497.005(43).
   50         (b) If a legally authorized person cannot be located after
   51  a reasonable search or if 75 years or more have elapsed since
   52  the date of entombment, interment, or inurnment, then public
   53  notice must be posted. The public notice must be published once
   54  a week for 4 consecutive weeks in a newspaper of general
   55  circulation in the county where the cemetery is located. The
   56  public notice must contain the name of the cemetery; the name,
   57  address, and telephone number of the cemetery representative
   58  with whom objections may be filed; the reason for relocation of
   59  the contents of the graves or tombs; the names of the human
   60  remains to be relocated; the approximate date of the initial
   61  entombment, interment, or inurnment; the proposed site of
   62  relocation; and the proposed date of relocation. The proposed
   63  date of relocation may not be less than 30 days from last date
   64  of publication. If no objection from a legally authorized person
   65  is received within 30 days from the last date of publication of
   66  the public notice, the cemetery may proceed with relocation.
   67         (6) If a legally authorized person objects, a public
   68  hearing shall be held before the county commission of the county
   69  where the cemetery is located, or the city council, if the
   70  cemetery is located in a municipality, and the county commission
   71  or the city council shall have sole authority to grant a request
   72  for relocation of the contents of such graves or tombs.
   73         Section 2. This act shall take effect October 1, 2017.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete everything before the enacting clause
   78  and insert:
   79                        A bill to be entitled                      
   80         An act relating to criminal offenses involving tombs
   81         and memorials; amending s. 872.02, F.S.; providing
   82         that a person who willfully and knowingly excavates,
   83         exposes, moves, or removes the contents of a tomb or
   84         grave commits a felony; revising applicability;
   85         authorizing an owner, officer, employee, or agent of
   86         specified cemeteries to relocate the contents of a
   87         grave or tomb, subject to certain conditions;
   88         providing an effective date.