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 Governmental Oversight and Accountability
BILL: CS/SB 222
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Cruz
SUBJECT: Abandoned Cemeteries
DATE: February 17, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ponder McVaney GO Fav/CS
2. ATD
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 222 creates a ten-member Task Force on Abandoned African-American Cemeteries. The
stated purpose of the task force is to study the extent to which unmarked or abandoned African-
American cemeteries and burial grounds exist throughout the state and to develop and
recommend strategies for identifying and recording cemeteries and burial grounds while
preserving local history and ensuring dignity and respect for the deceased. The task force is
required to review the findings and recommendations made by the Task Force on Abandoned
and Neglected Cemeteries and to make recommendations regarding standards for the creation,
placement, and maintenance of a memorial at any identified locations of unmarked and
abandoned African-American cemeteries or burial grounds throughout the state. The Department
of State (DOS) must provide administrative and staff support relating to the functions of the task
force. The task force must submit a report by January 1, 2022, that details its findings and
recommendations. The task force is terminated on March 11, 2022.
The bill also requires the DOS, upon receiving consent of the property owners at the former Zion
Cemetery site in Tampa, to partner with the University of South Florida (USF), the Florida
Agricultural and Mechanical University (FAMU), and the Zion Cemetery Archaeological
Committee to initiate an investigation to determine how many graves remain at the site. The
DOS is directed to contract with the USF and the FAMU for the identification and location of
eligible next of kin. The universities are required to provide the DOS, no later than January 1,
2022, with a list of possible descendants of those buried at the site and, to the extent possible,
their contact information.
BILL: CS/SB 222 Page 2
The Division of Historical Resources (Division) of the DOS must ensure that any abandoned
African-American Cemetery identified by the task force is listed in the Florida Master Site File
and seek placement of an Official Florida Historical Marker at a site with the approval of the
land owner.
The bill specifies that, as funded by the Legislature pursuant to Specific Appropriation 3153A of
the 2020-2021 General Appropriations Act, the DOS shall create, place, and maintain a
memorial at the site of the former Zion Cemetery in Tampa and at the site of the former
Ridgewood Cemetery at C. Leon King High School in Tampa.
The bill takes effect July 1, 2021.
II. Present Situation:
Task Force Requirements under Section 20.03, Florida Statutes
Section 20.03(8), F.S., defines “task force” to mean an “advisory body created without specific
statutory enactment for a time not to exceed 1 year or created by specific statutory enactment for
a time not to exceed 3 years and appointed to study a specific problem and recommend a solution
or policy alternative related to that problem.” This provision specifies that the existence of the
task force terminates upon the completion of its assignment. Further, members, unless expressly
provided otherwise by specific statutory enactment, serve without additional compensation and
are authorized to receive only per diem and reimbursement for travel expenses.1
Florida Law Related to Historic and Abandoned Cemeteries, and to Unmarked Human
Remains
Cemetery Regulation
Chapter 470, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (the
Act), generally regulates funeral and cemetery services.2 The Act authorizes the Board of
Funeral, Cemetery, and Consumer Services within the Department of Financial Services to
regulate cemeteries, columbaria, cremation services and practices, cemetery companies, dealers
and monument builders, funeral directors, and funeral establishments.3
Section 497.005(13), F.S., defines the term “cemetery” to mean:
“a place dedicated to and used or intended to be used for the permanent interment
of human remains or cremated remains. A cemetery may contain land or earth
interment; mausoleum, vault, or crypt interment; a columbarium, ossuary,
scattering garden, or other structure or place used or intended to be used for the
interment or disposition of cremated remains; or any combination of one or more
of such structures or places.”
1
Section 20.052(2)(d), F.S.
2
See Section 497.001, F.S.
3
Sections 497.101, F.S., and 497.103, F.S.
BILL: CS/SB 222 Page 3
The Act allows for the moving of graves – disinterment and reinterment.4 Disinterment and
reinternment must be made in the physical presence of a licensed funeral director, unless
reinterment occurs in the same cemetery.5 Further, the funeral director is to obtain written
authorization from a legally authorized person or court of competent jurisdiction prior to any
disinterment and reinterment. Section 497.05(43), F.S., defines the term “legally authorized
person” by providing a priority listing which begins with the decedent (when written inter vivos
authorizations and directions are provided by the decedent) and includes relatives of the
decedent.6 Additionally, the definition provides for other persons who may qualify– such as a
public health officer, medical examiner or county commission – should a family member not
exist or be available.7 Thus, if a legally authorized person is not available, a court of competent
jurisdiction may provide the written authorization prior to the disinterment and reinterment of a
dead human body.8
There is a large number of abandoned cemeteries in Florida.9 Section 497.284, F.S., governs
abandoned cemeteries, and authorizes counties and municipalities, upon notice to the
Department of Financial Services, to maintain and secure an abandoned cemetery or one that has
not been maintained for more than six months. The solicitation of private funds and the
expenditure of public funds are authorized for such maintenance and security.10 These efforts of
maintenance and security are statutorily exempt from civil liabilities or penalties for damages to
property at the cemetery.11 Additionally, the county or municipality is permitted to maintain an
action against the cemetery owner to recover costs for maintenance or security. 12
Criminal Offenses Concerning Dead Bodies and Graves under Chapter 872, F.S.
In Florida, criminal offenses concerning dead bodies and graves are governed by Chapter 872,
F.S.13 Section 872.02(1), F.S., provides that it is a third degree felony14 to willfully and
knowingly destroy, mutilate, deface, injure or remove any tomb15 containing human skeletal
remains and disturb memorials including fences associated with a monument containing human
skeletal remains16 It is a second degree felony17to willfully and knowingly disturb the contents of
4
See Section 497.384, F.S.
5
Section 487.384(1), F.S.
6
Section 497.05(43), F.S.
7
Id.
8
Section 497.384(3), F.S.
9
See What are the applicable laws and regulations? https://dos.myflorida.com/historical/archaeology/human-
remains/abandoned-cemeteries/what-are-the-applicable-laws-and-regulations/ (last visited January 5, 2021).
10
Id.
11
Section 497.284(2), F.S.
12
Section 497.284(3), F.S.
13
Chapter 872, F.S., is entitled, “Offenses Concerning Dead Bodies and Graves.”
14
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082, 775.083, and 775.084,
F.S.
15
This section provides that the term “tomb” includes any mausoleum, columbarium, or below ground crypt.
16
Section 872.02(1), F.S.
17
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. ss. 775.082, 775.083, and
775.084, F.S.
BILL: CS/SB 222 Page 4
a grave or tomb.18 Section 872.02, F.S., specifies that the offenses described above do not apply
to:
 Any person acting under the direction or authority of the Division of the DOS;19
 Cemeteries operating under chapter 497, F.S.;
 Any cemeteries removing or relocating the contents of a grave or tomb as a response to a
natural disaster; or
 Any person otherwise authorized by law to remove or disturb a tomb, monument, gravestone,
burial mound, or similar structure, or its contents as set forth in subsection (1).
The section provides that a “tomb” includes any mausoleum,20 columbarium,21 or below ground
crypt.”22
The 1998 Task Force on Abandoned and Neglected Cemeteries
In 1998, prompted by the many neglected and abandoned cemeteries throughout Florida, the
Legislature enacted the Cemetery Preservation and Consumer Protection Act (CPCPA).23 The
CPCPA mandated and funded the creation of an 11-member Task Force on Abandoned and
Neglected Cemeteries (the “1998 Task Force”) within the Department of Banking and Finance.24
The CPCPA directed the 1998 Task Force to review and report on the status of neglected and
abandoned cemeteries and, if necessary, propose legislation to counter this problem.25
The 1998 Task Force submitted its Final Report on January 15, 1999.26 The Task Force
determined that the abandonment and neglect of cemeteries was “sufficiently wide spread to
warrant government intervention.”27 Specifically, the Task Force found that:
 The data collected on some 3,580 cemeteries suggested 40 percent to 50 percent of the
cemeteries in Florida are abandoned or neglected.
 Lack of funding appears to be a significant factor contributing to the neglect by private,
unlicensed cemeteries.
 City and County representatives on the 1998 Task Force verified that neglected cemeteries
create problems for citizens and local governments and burden governmental resources.
 Older neglected cemeteries may represent a loss of historic or archeological values.
18
Section 872.02(2), F.S.
19
The powers and duties of the Division of Historical Resources of the Department of State are set forth in s. 267.031, F.S.
Subject to some limitations, a State Archaeologist, as employed by the Division, may assume jurisdiction over an unmarked
human burial site in order to initiate efforts for the proper protection of the burial and the human skeletal remains and
associated burial artifacts. See ss. 872.05(4), (5), and (6), F.S.
20
Section 497.005(46), F.S., defines a “mausoleum” as “a structure or building that is substantially exposed above the ground
and that is intended to be used for the entombment of human remains.”
21
Section 497.005(18), F.S., defines a “columbarium” as “a structure or building that is substantially exposed above the
ground and that is intended to be used for the inurnment of cremated remains.”
22
Section 872.02(4), F.S.
23
See Chapter 98-268, L.O.F.
24
Id.
25
Id.
26
Final Report of Task Force on Abandoned and Neglected Cemeteries, available at https://www.coj.net/city-
council/docs/brcemeteries-1999-statetaskforce-finalreport.aspx (last visited January 5, 2021).
27
Id. at p. 3.
BILL: CS/SB 222 Page 5
 Legislation is needed to establish guidelines, definitions, methods of establishing care for
neglected and abandoned cemeteries, agencies responsible for providing such are, the
funding mechanism for such projects, as well as a permanent structure to continue the
location, identification, protection, preservation and care of such cemeteries.
 A grants-in-aid type program using matching funds would help ameliorate the problems
created by abandoned and neglected cemeteries.
 Funding to address the problems and recommends in the proposed legislation may be derived
from: (1) a one-time appropriation by the legislature, (2) a fee on death certificates, (3)
enabling legislation to permit Cities and Counties to include in their budgets funds for this
purpose; and (4) the establishment of a non-profit corporation within the Department of
Banking and Finance to obtain donations.
 It is imperative to stop the proliferation of neglected and abandoned cemeteries.
 The legislature has already established in Chapter 872 protection for all human burial sites
and all human remains regardless of whether or not the site is abandoned.28
The 1998 Task Force recommended that it be allowed to continue by either (i) “continu[ing] in
its present form for a finite time” to more thoroughly examine the extent of the problems; or, (ii)
the “non-profit corporation” suggested as part of proposed legislation “should continue these
functions on a permanent basis.”29 The 1998 Task Force also recommended to:
 Establish that local governments - combined with a statewide approach via the designated
agency and non-profit - are the best way to manage issues created by abandoned and
neglected cemeteries.
 Establish that owners of unlicensed cemeteries have a duty to care for their cemeteries in
such a manner as to avoid neglect.
 Proscribe abandonment and neglect of cemeteries.
 Establish that a copy of all burial transit permits be filed with the Clerk of Court in the
county of burial.
 Establish an easement or right of entry to enter and inspect private cemeteries for officially
designated persons other than the next of kin.
 Establish that unlicensed cemeteries be required to post a sign providing notice of the
existence of a cemetery at the posted location.
 Proscribe the creation of new cemeteries except under the provisions of Part I of Chapter
497, thereby insuring that a care and maintenance fund is established for each new
cemetery.30
The specific findings and recommendations of the 1998 Task Force have not been addressed by
subsequent legislation.
28
Id. at 7-8.
29
Id. at 8.
30
Id. at 8-9.
BILL: CS/SB 222 Page 6
Zion Cemetery
Zion Cemetery, established in 1901, is believed to be Tampa’s first cemetery for African-
Americans with room for some 800 graves.31 Zion Cemetery disappeared from public view and
city maps by 1929.32 In 1951, the Tampa Housing Authority started construction on the Robles
Park Apartments on land that includes part of the Zion Cemetery site, and construction crews
found several unmarked graves and three caskets.33
The Robles Park Village housing (still owned by the Tampa Housing Authority) and two other
commercial businesses owned by two private sector individuals now stand on the land that once
was the site of the African-American cemetery. Upon learning that the Zion Cemetery might still
lie beneath at least a portion of its Robles Park Village Apartments, the Tampa Housing
Authority organized a consultation committee and hired archaeologists to survey its property.34
In August 2019, archeologists used a ground-penetrating radar and discovered what they believe
to be 126 caskets beneath the Tampa Housing Authority land.35 The Tampa Housing Authority
spent between $70,000 and $80,000 to relocate about 29 families who occupied five buildings
within the housing complex atop where Zion Cemetery is believed to sit underground.36
Other Rediscovered Abandoned Cemeteries in the Tampa Area
Ridgewood Cemetery
In October 2019, the Hillsborough County School District (HCSD) learned the old Ridgewood
Cemetery may have been located at the southeast corner of the King High School campus, which
is now occupied by a small building and open land used for the agricultural program.37
Ridgewood was designated as a pauper’s cemetery and at least 280 people – mostly African