Florida League of Cities

Protection of Historical Monuments and Memorials (Monitor) – Failed

CS/HB 395 (Black) and CS/SB 1122 (Martin) prohibit a local government from removing historical monuments and memorials. A local government may only relocate a historical monument in certain circumstances. The bills provide that any person or entity that damages, defaces, destroys or removes an existing monument or memorial will be civilly liable for the costs to return, repair or replace the monument or memorial unless the person was authorized, or the entity was the owner. The bills limit the effects of the bill to monuments and memorials located on public property that have been displayed for at least 25 years and applied the provisions on a prospective basis. CS/SB 1122 was amended to add a severability clause that provides that if a court finds a portion of the underlying law is ruled unconstitutional, the overall law will remain intact. CS/SB 1122 also moves back the date of application to protect a monument that was removed to July 1, 2018. (Wagoner)