The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: CS/SB 1122
INTRODUCER: Community Affairs Committee and Senator Martin
SUBJECT: Protection of Historical Monuments and Memorials
DATE: February 8, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McVaney GO Favorite
2. Hunter Ryon CA Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
SB 1122 creates the Historic Florida Monuments and Memorials Protection Act.
The bill preempts local government actions that relocate, remove, damage, or destroy a
monument or memorial. The bill expresses intent that the state, through the Division of
Historical Resources (Division) protect, preserve, and ensure that each monument or memorial is
not removed, damaged, or destroyed, throughout the state.
The Florida Historical Commission, for monuments or memorials, or the Department of
Veteran’s Affairs, for military monuments or memorials, has authority to recommend action, its
deferral, or no action, on any issue regarding the protection or preservation of a monument or
memorial. The Division must make the ultimate decision on the issue in a written format with an
explanation of its bases therefor.
An elected or appointed local government official that enacts or enforces a local ordinance,
regulation, or rule that impinges on the state’s regulation of the removal, damage, or destruction
of an historic Florida monument or memorial is subject to a civil fine of up to $1,000. The
official is also subject to a separate civil action in which actual damages, up to $100,000, and
attorney fees and costs may be awarded.
The local government’s ordinance, regulation, or rule must be declared invalid by a court, and is
subject to a permanent injunction prohibiting its enforcement.
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The local government is separately liable for restoration of the monument or memorial. If it lacks
the funds to do so, the State must restore the monument or memorial and withhold all arts,
cultural, and historic preservation funding from the local government until reimbursement is
made. Another provision of the bill requires a local government that seeks to remove, damage, or
destroy a monument or memorial to place a good faith estimate of the funds needed to replace
the monument or memorial in an escrow account.
Any local government that seeks to relocate a monument or memorial may only do so
temporarily as a result of military necessity or a construction or infrastructure project on the
property on which the monument or memorial is sited. They must follow specific procedures to
do so, including:
 Providing notice to the Division of the decision to remove and later replace or relocate the
monument or memorial;
 Returning the monument or memorial after the need ceases, or the project is complete; and
 If it is impossible to return the monument or memorial to its original location, returning it to
a prominent place, as close as possible to the original location, within the same county or
municipality in which it was originally located, that provides similar prominence, honor,
visibility, and access.
The bill will likely have an indeterminate impact on state and local government expenditures
related to the preservation, removal, or destruction of monuments and memorials.
The bill grants the Department of State, in consultation with the Department of Veterans’
Affairs, rulemaking authority to implement the bill.
The bill takes effect July 1, 2024.
II. Present Situation:
Department of State
The Department of State (DOS), created by s. 20.10, F.S., is composed of six divisions:
Elections, Historical Resources, Corporations, Library and Information Services, Arts and
Culture, and Administration. The head of the DOS is the Secretary of State (Secretary). The
Secretary is appointed by and serves at the pleasure of the Governor, and is confirmed by the
Senate.
Division of Historical Resources: Chapter 267, F.S.
The Division of Historical Resources (Division) within the Department of State is charged with
encouraging the identification, evaluation, protection, preservation, collection, conservation, and
interpretation of information about Florida’s historic sites and properties or objects related to
Florida’s history and culture.1 This includes cooperating with federal and state agencies, local
governments, and private entities to accomplish their duties.
1
Florida Department of State, Division of Historical Resources, About, https://dos.fl.gov/historical/about/ (last visited Jan.
19, 2024). See also, s. 267.031, F.S.
BILL: CS/SB 1122 Page 3
The Division is comprised of the following Bureaus:
 Bureau of Historic Preservation;
 Bureau of Historical Museums; and
 Bureau of Archeological Research.2
The Florida Historical Resources Act3 was established to preserve archaeological sites and
objects of antiquity for the public benefit.4 The Act recognizes Florida’s historic properties as an
important legacy to be valued and conserved for present and future generations. Accordingly, it
is Florida’s policy to lead, assist, administer, and encourage public entities and private citizens to
preserve the state’s historic environment and resources.5
The Florida Historical Commission (Commission) was created to enhance public participation
and involvement in the preservation and protection of Florida’s historic and archaeological sites
and properties. The Commission’s membership must include a licensed architect with historic
preservation and architectural history expertise; a professional American historian; an
architectural historian; a prehistoric archaeologist; and an historic archaeologist.6
The Commission’s duties include providing assistance, advice, and recommendations to the
Division of Historical Resources and its director for:
 Establishing priorities for the identification, acquisition, protection, and preservation of
historic and archaeological sites and properties.
 Establishing criteria for use in assessing the significance of historic and archaeological sites.
 Evaluating proposals for historic preservation grants administered by the division.
 Providing an active outreach program to encourage public understanding of and involvement
in the preservation of the state's historic and archaeological sites and properties.
 Identifying and expressing public goals for historic preservation and gathering public ideas
necessary for the formulation of alternative policies.
 Recommending rules relating to the historic preservation programs administered by the
division.
 Protecting and preserving Florida’s historic and archaeological sites and properties.
Any action taken by the Commission requires a majority vote of the members present at its
meeting.7
Florida Historical Marker Program
The Florida Historical Marker Program is designed to raise public awareness of Florida’s
cultural history and to enhance the enjoyment of its historic sites by citizens and tourists. These
markers tell stories of the places and people who created Florida, by identifying the churches,
2
Id.
3
Sections 267.011-267.1736, F.S.
4
Section 267.14, F.S.
5
Section 267.061(2)(a), F.S.
6
Section 267.0612(2), F.S.
7
Section 267.0612(5), F.S.
BILL: CS/SB 1122 Page 4
schools, archaeological sites, battlefields, and homes that represent Florida’s past.8 The official
Florida historic markers are markers awarded, approved, or administered by the Division. 9 A
“Florida Heritage” marker is a one that identifies people, events and places, including buildings,
structures, objects and archaeological sites that are of local, regional or statewide historic
significance relating to Florida history, culture, and ethnic heritage.10
The Division is responsible for the administration of all aspects of the Florida Historic Marker
Program, including the application process, selection and designation of properties, persons or
events to be marked and the placement and maintenance of the markers.11 There are
approximately 1,200 markers throughout the state currently.12 While the current list of Florida
Historical Markers has all the approved and created markers, some have yet to be installed or
have been removed without notice to the Bureau of Historic Preservation.13
Criminal Penalty for Destruction of a Memorial
Section 806.135, F.S., provides that it is a second degree felony14 for any person to willfully and
maliciously destroy or demolish any memorial or historic property, or to willfully and
maliciously pull down a memorial or historic property, unless authorized by the owner of the
memorial or the historic property.
The term “historic property” is defined as any building, structure, site, or object that has been
officially designated as a historic building, historic structure, historic site, or historic object
through a federal, state, or local designation program. A “memorial” is defined as a plaque,
statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure
name, or display that is constructed and located with the intent of being permanently displayed or
perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of
events; and honors or recounts the military service of any past or present United States Armed
Forces military personnel, or the past or present public service of a resident of the geographical
area comprising the state or the United States. The term includes, but is not limited to, the
following memorials established under ch. 265, F.S.:
 Florida Women’s Hall of Fame;
 Florida Medal of Honor Wall;
 Florida Veterans’ Hall of Fame; 1A
 POW-MIA Chair of Honor Memorial;
 Florida Veterans’ Walk of Honor and Florida Veterans’ Memorial Garden;
 Florida Law Enforcement Officers’ Hall of Fame;
8
Florida Department of State, Florida Division of Historical Resources, Historical Markers,
https://dos.fl.gov/historical/preservation/historical-markers/ (last visited Jan. 16, 2024).
9
Rule 1A-48.002(3), Fla. Admin. Code
10
Rule 1A-48.002(3)(b), Fla. Admin. Code
11
Rule 1A-48.003(1), Fla. Admin. Code
12
Florida Department of State, Florida Historical Marker List, https://apps.flheritage.com/markers/ (Jan. 16, 2023).
13
Email from Jeremy Heiker, Florida Historical Marker Coordinator, Department of State, to Gabriela Limones-Borja,
Legislative Analyst, Senate Committee on Governmental Oversight and Accountability (Jan. 16, 2024, 4:15 EST) (on file
with the Senate Committee on Governmental Oversight and Accountability).
14
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Sections 775.082(9)(a)3.c. and
775.083(1)(b), F.S.
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 Florida Holocaust Memorial;
 Florida Slavery Memorial; and
 Any other memorial located within the Capitol Complex, including, but not limited to,
Waller Park.
Section 806.135, F.S, also requires the payment of restitution, which includes the full cost of
repair or replacement of such memorial or historic property.
Monuments
Section 265.111, F.S., defines “monument” to mean a permanent structure such as a marker,
statue, sculpture, plaque, or other artifice, including living plant material, placed in remembrance
or recognition of a significant person or event in Florida history.
Local Government Powers
The Florida Constitution grants counties and municipalities broad “home rule” authority that did
not exist prior to the ratification of the 1968 Constitution.15 Non-charter county governments
may exercise those powers of self-government that are provided by general or special law.16
Counties operating under a county charter have all powers of self-government not inconsistent
with general law or special law approved by the vote of the electors.17 Municipalities have
governmental, corporate, and proprietary powers that enable them to conduct municipal
government, perform municipal functions and provide municipal services, and exercise any
power for municipal purposes except when expressly prohibited by law.18
Immunity for Official Conduct
The general rule under the common law is that legislators enjoy absolute immunity from liability
for performance of legislative acts.19 Absolute immunity for legislators has historically been
recognized as a “venerable tradition” that has withstood the development of the law since pre-
colonial days.20 Courts have upheld absolute immunity for legislators at all levels of lawmaking,
including federal, state, and local government levels.21 The courts’ reasoning behind such
holdings is that when legislators hold legislative powers, they use them for the public good, and
15
See, FLA. CONST. art. VIII, s. 5 (1885) (“powers, duties[,] and compensation of county commissioners shall be prescribed
by law”) and FLA. CONST. art. VIII, s. 8 (1885) (“The Legislature shall… prescribe [municipal] jurisdiction and powers[.]”
See also, City of Trenton v. State of New Jersey, 262 U.S. 182, 186 (1923) (“In the absence of state constitutional provisions
safeguarding it to them, municipalities have no inherent right of self-government which is beyond the legislative control of
the state.”), Bowden v. Ricker, 70 Fla. 154 (Fla. 1915) (“Under the provision of s. 5 of art. 8 of the [1885] Constitution that
powers and duties of county commissioners ‘shall be prescribed by law,’ the authority of such officials is only such as may
be conferred by statutory regulations.”)
16
FLA. CONST. art. VIII, s. 1(f).
17
FLA. CONST. art. VIII, s. 1(g).
18
FLA. CONST. art. VIII, s. 2(b); see also s. 166.021(1), F.S.
19
See Tenney v. Brandhove, 341 U.S. 367 (1951).
20
Bogan v. Scott-Harris, 523 U.S. 44, 48-49 (1998). For additional examples of where absolute immunity of legislative acts
has been recognized, see Harlow v. Fitzgerald, 457 U.S. 800 (1982); Lake Country Estates v. Tahoe Regional Planning
Agency, 440 U.S. 391 (1979); Hough v. Amato, 269 So. 2d 537 (Fla. 1st DCA 1972); Jones v. Loving, 55 Miss. 109 (1877);
Ross v. Gonzales, 29 S.W.2d 437 (Tex. Ct. App. 1930).
21
Bogan, 523 U.S. 44.
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are exempt from liability for mistaken use of their legislative powers.22 Furthermore, courts fear
that allowing personal liability could distort legislative discretion, undermine the public good by
interfering with the rights of the people to representation, tax the time and energy of frequently
part-time citizen legislators, and deter service in local government.23
When unlawful ordinances have been enacted, the freedom from personal liability does not make
the legislative product itself valid.24 In such instances, affected citizens have been able to
challenge the validity of such ordinances by suing to have them declared invalid or have a court
enjoin enforcement.25
Courts have found that legislators may be subject to personal liability when they lack
discretion.26 Such situations typically exist when legislators are subject to an affirmative duty,
such as when a law or court order has directed them to levy a tax. Such acts are labeled
“ministerial,” as opposed to “legislative,” acts.27 Arguably, an express and clear preemption
would remove discretion from local government officials seeking to engage in lawmaking in the
preempted field.
III. Effect of Proposed Changes:
Section 1 designates the provisions of the bill the “Historic Florida Monuments and Memorials
Protection Act.”
Definitions
Section 2 defines the following terms, among others:
 A “local government” means any city, county, school district or other public educational
institution, or any other political subdivision of the state and its agencies.
 An “historic Florida military monument or memorial” means a historic Florida monument or
memorial that honors