HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 37 Abandoned Cemeteries
SPONSOR(S): Infrastructure & Tourism Appropriations Subcommittee, Government Operations
Subcommittee, Driskell and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 222
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Government Operations Subcommittee 15 Y, 0 N, As CS Roth Smith
2) Infrastructure & Tourism Appropriations 13 Y, 0 N, As CS Evans Davis
Subcommittee
3) State Affairs Committee 20 Y, 0 N Roth Williamson
SUMMARY ANALYSIS
The Division of Historical Resources, established within the Department of State (DOS), is charged with
encouraging 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.
The bill creates a ten-member Task Force on Abandoned African-American Cemeteries (task force), adjunct to
DOS, to study the extent that 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 must hold its first meeting by August 1, 2021, and may meet as many times as it deems
necessary to complete its duties. The task force must submit a report by January 1, 2022, detailing its findings
and recommendations to the Governor, the President of the Senate, the Speaker of the House of
Representatives, and the Minority Leaders of the Senate and the House of Representatives.
The bill provides that the section establishing the task force expires on March 11, 2022.
The bill will have a negative, but insignificant, impact to DOS. These costs can be absorbed within existing
resources.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Task Force Requirements
Florida law defines “task force” to mean an advisory body created without specific statutory enactment
for a time not to exceed one year or created by specific statutory enactment for a time not to exceed
three years and appointed to study a specific problem and recommend a solution or policy alternative
related to that problem. Its existence terminates upon the completion of its assignment.1 Members of a
task force, 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.2
Historic and Abandoned Cemeteries and Unmarked Human Remains
Cemetery Regulation
Chapter 497, F.S., known as the Florida Funeral, Cemetery, and Consumer Services Act (the Act),
generally regulates funeral and cemetery services.3 The Act authorizes the Board of Funeral,
Cemetery, and Consumer Services within the Department of Financial Services (DFS) to regulate
cemeteries, columbaria,4 cremation services, mausoleums, cemetery companies, dealers and
monument builders, funeral directors, and funeral establishments.5
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.
The Act allows for the moving of graves – disinterment and reinterment.6 Disinterment and reinterment
must be made in the physical presence of a licensed funeral director, unless reinterment occurs in the
same cemetery.7 The funeral director is to obtain written authorization from a legally authorized person8
or court of competent jurisdiction prior to any disinterment and reinterment of a dead human body.9
Counties and municipalities are authorized, upon notice to DFS, to maintain and secure an abandoned
cemetery or one that has not been maintained for more than six months.10 The solicitation of private
funds and the expenditure of public funds are authorized for maintenance and security of abandoned
cemeteries.11 These efforts of maintenance and security are statutorily exempt from civil liabilities or
1
Section 20.03(8), F.S.
2
Section 20.052(2)(d), F.S.
3
See Section 497.001, F.S.
4
Section 497.005(18), F.S., defines “columbarium” to mean a structure or building that is substantially exposed above the ground and
that is intended to be used for the inurnment of cremated remains.
5
Sections 497.101, F.S., and 497.103, F.S.
6
See Section 497.384, F.S.
7
Section 487.384(1), F.S.
8
Section 497.05(43), F.S., defines the term “legally authorized person” by providing a priority list which begins with the
authorizations and directions of the decedent and can include relatives, guardians, or personal representatives of the decedent.
9
Section 487.384(3), F.S.
10
Section 497.284(1), F.S.
11
Id.
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 penalties for damages to property at the cemetery.12 Additionally, the county or municipality is permitted
to maintain an action against the cemetery owner to recover costs for maintenance or security.13
Criminal Offenses Concerning Dead Bodies and Graves
Criminal offenses concerning dead bodies and graves are governed by chapter 872, F.S. The law
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 remains.16 It is a second degree felony17 to
willfully and knowingly disturb the contents of a grave or tomb;18 however, these offenses do not apply
to:19
 Any person acting under the direction or authority of the Division of Historical Resources within
the Department of State (DOS);20
 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.
Department of State
The head of DOS is the Secretary of State (Secretary) who is appointed by and serves at the pleasure
of the Governor, and is confirmed by the Senate. The Secretary must perform the functions conferred
by the State Constitution upon the custodian of state records.21 The Secretary also serves as the state
protocol officer and, in consultation with the Governor and other governmental officials, develops,
maintains, publishes, and distributes the state protocol manual.22
Six divisions are established within DOS, including the Division of Historical Resources (Division).23
Division of Historical Resources
The Division is charged with encouraging 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.24 Some of the Division’s efforts include:25
 Developing a comprehensive statewide historic preservation plan;
 Directing and conducting a comprehensive statewide survey and maintaining an inventory of
historic resources;
 Ensuring that historic resources are taken into consideration at all levels of planning and
development; and
 Providing public information, education, and technical assistance relating to historic preservation
programs.
12
Section 497.284(2), F.S.
13
Section 497.284(3), F.S.
14
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082 through 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)(a), F.S.
17
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. ss. 775.082 through 775.084, F.S.
18
Section 872.02(2), F.S.
19
Section 872.02(3), F.S.
20
The powers and duties of the Division of Historical Resources of DOS 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)-(6), F.S.
21
Section 20.10(1), F.S.
22
Section 15.01(1), F.S.
23
Section 20.10(2), F.S.
24
Section 267.031, F.S.
25
Section 267.031(5)(a), (b), (d), and (f), F.S.
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 1998 Task Force on Abandoned and Neglected Cemeteries
In 1998, the Legislature enacted the Cemetery Preservation and Consumer Protection Act (CPCPA).26
The CPCPA mandated and funded the creation of an 11-member Task Force on Abandoned and
Neglected Cemeteries (1998 task force) within DFS.27 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.28
The 1998 task force submitted a final report on January 15, 1999,29 and determined that the
abandonment and neglect of cemeteries was sufficiently widespread to warrant government
intervention.30 Specifically, the 1998 task force found that:
 Forty 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 of private,
unlicensed cemeteries.
 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.
 Legislation is needed to establish guidelines, definitions, and methods of establishing care for
neglected and abandoned cemeteries.
 A grants-in-aid type program using matching funds would help to improve the problems created
by abandoned and neglected cemeteries.
 Certain funding could be proposed in legislation to address the neglected cemeteries such as a
one-time appropriation by the legislature, a fee on death certificates, permitting cities and
counties to include funds to address neglected cemeteries in their budgets, and 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.
 In law,31 there is already protection for all human burial sites and remains regardless if the site is
abandoned.32
The 1998 task force recommended that either the task force be allowed to continue in its present form
for a finite time to more thoroughly examine the extent of the problems or that a non-profit corporation
be created to continue these functions on a permanent basis.33 Additionally, the 1998 task force
recommended to:
 Establish that local governments (combined with a statewide approach via a designated agency
and non-profit corporation) 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.
 Prohibit 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 that officially designated persons (other than the next of kin) must be given an
easement or right of entry to enter and inspect private cemeteries.
 Establish that unlicensed cemeteries be required to post a sign providing notice of the existence
of a cemetery at the posted location.
26
See Chapter 98-268, L.O.F.
27
Id.
28
Id.
29
Final Report of Task Force on Abandoned and Neglected Cemeteries (January 15, 1999), available at https://www.coj.net/city-
council/docs/brcemeteries-1999-statetaskforce-finalreport.aspx (last visited March 19, 2021).
30
Id. at 3.
31
Chapter 872, F.S.
32
Final Report, supra at FN 29 at 7-8.
33
Id. at 8.
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  Prohibit the creation of new cemeteries except under the provisions of Part I of ch. 497, thereby
insuring that a care and maintenance fund is established for each new cemetery.34
Abandoned Cemeteries in the Tampa Area
Zion Cemetery
Zion Cemetery, established in 1901, is believed to be Tampa’s first cemetery for African-Americans
with room for approximately 800 graves.35 Zion Cemetery disappeared from public view and city maps
by 1929.36 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.37
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.38 In August 2019, archeologists
used a ground-penetrating radar and discovered what they believe to be 126 caskets beneath the
Tampa Housing Authority land.39 The Tampa Housing Authority spent between $70,000 and $80,000 to
relocate about 29 families who occupied five buildings within the housing complex that sits where Zion
Cemetery is believed to be underground.40
Ridgewood Cemetery
In October 2019, the Hillsborough County School District (HCSD) learned that 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.41 Ridgewood was
designated as a pauper’s cemetery and at least 280 people (mostly African Americans) were buried
there between 1942 and 1954.42
On October 28, 2019, the HCSD created an advisory committee, named the Historical Response
Committee, to determine how to handle the search for unmarked graves at King High School and what
to do if unmarked graves were found. The HCSD hired a geotechnical firm to conduct a survey on the
south end of King High School campus using a ground penetrating radar to look for any signs of the lost
34
Id. at 8-9.
35
Paul Guzzo, A community, not Just Zion Cemetery, Disappeared to Build Homes for Whites, TAMPA BAY TIMES, Nov. 4, 2019
(updated Jan. 8, 2020), available at https://www.tampabay.com/news/hillsborough/2019/11/04/a-community-not-just-zion-cemetery-
disappeared-to-build-homes-for-whites/#talk-wrapper (last visited March 19, 2021).
36
Id.
37
Paul Guzzo, Key Dates in the History of Tampa’s Forgotten Zion Cemetery, TAMPA BAY TIMES, Jun. 19, 2019 (updated Jan. 13,
2020), available at https://www.tampabay.com/florida/2019/06/23/key-dates-in-the-history-of-tampas-forgotten-zion-cemetery (last
visited March 19, 2021).
38
Paul Guzzo, Richard Gonzmart Believes no Coffins will be Found on his Zion Cemetery Land, TAMPA BAY TIMES, Sep. 24, 2019,
available at http://ttt-hiweb.newscyclecloud.com/news/hillsborough/2019/09/24/richard-gonzmart-believes-no-coffins-will-be-found-
on-his-zion-cemetery-land (last visited March 19, 2021).
39
Id.
40
Emerald Morrow, Lost African American Grave Discoveries Highlight the Need for Affordable Housing, 10NEWS WTSP, Feb. 24,
2020; see also Divya Kumar, Tenant Leaders Seek Quicker Relocation for People