The proposed bill, titled the Historic Florida Monuments and Memorials Protection Act, aims to safeguard historic monuments and memorials in Florida from removal, damage, or destruction by local governments. It establishes a new section in the Florida Statutes (267.201) that defines key terms and outlines the legislative intent to preempt any local ordinances or regulations that contradict this protection. The bill stipulates that any such local actions are void and that local governments and officials who violate this preemption will be held liable. It also mandates that courts declare invalid any conflicting local regulations and issue permanent injunctions against local governments, regardless of whether they acted in good faith.
Additionally, the bill imposes civil penalties on local officials who knowingly violate the preemption and prohibits the use of public funds to defend such unlawful actions. It allows specified individuals and organizations to file lawsuits for declaratory or injunctive relief and actual damages, with the court required to award reasonable attorney fees and costs to prevailing plaintiffs. The bill also outlines conditions under which local governments may temporarily relocate monuments, mandates the restoration or relocation of damaged monuments, and establishes the Division of Historical Resources' responsibilities in consultation with the Department of Veterans Affairs. The act is set to take effect on July 1, 2025.