Bill Text: FL S0288 | 2019 | Regular Session | Introduced
Bill Title: Monuments and Memorials
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2019-05-03 - Died in Community Affairs [S0288 Detail]
Download: Florida-2019-S0288-Introduced.html
Florida Senate - 2019 SB 288 By Senator Baxley 12-00219B-19 2019288__ 1 A bill to be entitled 2 An act relating to monuments and memorials; providing 3 a short title; amending s. 1.01, F.S.; revising the 4 definition of “veteran” to include additional periods 5 of military service; creating s. 265.155, F.S.; 6 defining the term “remembrance”; prohibiting specified 7 activities concerning remembrances on public property; 8 providing exceptions; granting certain persons 9 standing for enforcement; amending s. 806.13, F.S.; 10 prohibiting damage to or removal of certain 11 remembrances; providing criminal penalties; providing 12 an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “Soldiers’ and 17 Heroes’ Monuments and Memorials Protection Act.” 18 Section 2. Subsection (14) of section 1.01, Florida 19 Statutes, is amended to read: 20 1.01 Definitions.—In construing these statutes and each and 21 every word, phrase, or part hereof, where the context will 22 permit: 23 (14) The term “veteran” means a person who served in the 24 active military, naval, or air service and who was discharged or 25 released under honorable conditions only or who later received 26 an upgraded discharge under honorable conditions, 27 notwithstanding any action by the United States Department of 28 Veterans Affairs on individuals discharged or released with 29 other than honorable discharges. To receive benefits as a 30 wartime veteran, a veteran must have served in a campaign or 31 expedition for which a campaign badge has been authorized or 32 during one of the following periods of wartime service: 33 (a) Anglo-Spanish War: 1585 to 1604. 34 (b) Battle of Fort Mose: June 26, 1740. 35 (c) French and Indian War, also known as the Seven Years’ 36 War: 1756 to 1763. 37 (d) American Revolution: 1765 to 1783. 38 (e) War of 1812: 1812 to 1815. 39 (f) Seminole Wars: 1817 to 1858. 40 (g) Mexican-American War: 1846 to 1848. 41 (h) Civil War: 1861 to 1865. 42 (i)(a)Spanish-American War: April 21, 1898, to July 4, 43 1902, and including the Philippine Insurrection and the Boxer 44 Rebellion. 45 (j)(b)Mexican Border Period: May 9, 1916, to April 5, 46 1917, in the case of a veteran who during such period served in 47 Mexico, on the borders of, or in the waters adjacent to Mexico. 48 (k)(c)World War I: April 6, 1917, to November 11, 1918; 49 extended to April 1, 1920, for those veterans who served in 50 Russia; also extended through July 1, 1921, for those veterans 51 who served after November 11, 1918, and before July 2, 1921, 52 provided such veterans had at least 1 day of service between 53 April 5, 1917, and November 12, 1918. 54 (l)(d)World War II: December 7, 1941, to December 31, 55 1946. 56 (m)(e)Korean War: June 27, 1950, to January 31, 1955. 57 (n)(f)Vietnam War: February 28, 1961, to May 7, 1975. 58 (o) Bay of Pigs Invasion: April 1961. 59 (p)(g)Persian Gulf War: August 2, 1990, to January 2, 60 1992. 61 (q)(h)Operation Enduring Freedom: October 7, 2001, and 62 ending on the date thereafter prescribed by presidential 63 proclamation or by law. 64 (r)(i)Operation Iraqi Freedom: March 19, 2003, and ending 65 on the date thereafter prescribed by presidential proclamation 66 or by law. 67 Section 3. Section 265.155, Florida Statutes, is created to 68 read: 69 265.155 Remembrance on public property.— 70 (1) As used in this section, the term “remembrance” means 71 an exhibit; artwork, including a painting, stained glass, or a 72 statue; a monument; a memorial; a nameplate; a historical 73 marker; a symbol, including a religious symbol; a tombstone; a 74 plaque; a seal; a logo; a road name; a building, a structure, or 75 an educational facility name; a historical flag or other 76 display; a geographic area, natural or manmade landscape, or 77 feature fountain; or a similar object that was made to honor or 78 commemorate: 79 (a) A soldier, a military figure, or a government official 80 or civilian who provided material aid to the war effort during a 81 time of war, including, but not limited to, a conflict 82 enumerated in s. 1.01(14), who served 1 or more of the original 83 13 colonies, the State of Florida, the United States, or a 84 geographical area or territory that became part of the United 85 States; 86 (b) A military organization or military unit of 1 or more 87 of the original 13 colonies, the State of Florida, the United 88 States, or a geographical area or territory that became part of 89 the United States; 90 (c) An armed conflict, including, but not limited to, a 91 conflict described in s. 1.01(14), in which residents of this 92 state were involved; or 93 (d) A law enforcement officer; a prison guard; a 94 firefighter; or an astronaut. 95 (2) A remembrance erected, named, or dedicated on or after 96 March 22, 1822, on public property may only be relocated, 97 removed, altered, renamed, rededicated, or otherwise disturbed 98 if necessary to accommodate construction, repair, or 99 improvements to the remembrance or to the surrounding property 100 on which the remembrance is located. Such remembrance must be 101 relocated or returned within 90 days after completion of 102 construction. 103 (3) A remembrance on public property that is sold or 104 repurposed must be relocated to a location of equal prominence 105 as the original location. 106 (4) The concealment of a remembrance on public property 107 exceeding 45 days in any 12-month period by the state, a county, 108 a municipality, or other political subdivision is prohibited. 109 (5) A resident of this state or an entity whose purpose is 110 historic preservation, a veteran, or a law enforcement 111 benevolent organization has standing to seek enforcement of this 112 section through a civil action in the circuit court in the 113 county in which the remembrance is located. 114 Section 4. Present subsections (5) through (9) of section 115 806.13, Florida Statutes, are renumbered as subsections (6) 116 through (10), respectively, present subsection (8) of that 117 section is amended, and a new subsection (5) is added to that 118 section, to read: 119 806.13 Criminal mischief; penalties; penalty for minor.— 120 (5)(a) A person may not willfully and maliciously damage or 121 deface, destroy, or remove by any means a remembrance, as 122 defined in s. 265.155, which is owned or erected by a 123 governmental entity, a museum, a historical society, or a 124 similar organization or a remembrance that is located in a 125 cemetery or on a grave or tomb. 126 (b) A person who violates this subsection commits a felony 127 of the third degree, punishable as provided in s. 775.082, s. 128 775.083, or s. 775.084. 129 (9)(8)A minor whose driver license or driving privilege is 130 revoked, suspended, or withheld under subsection (8)(7)may 131 elect to reduce the period of revocation, suspension, or 132 withholding by performing community service at the rate of 1 day 133 for each hour of community service performed. In addition, if 134 the court determines that due to a family hardship, the minor’s 135 driver license or driving privilege is necessary for employment 136 or medical purposes of the minor or a member of the minor’s 137 family, the court shall order the minor to perform community 138 service and reduce the period of revocation, suspension, or 139 withholding at the rate of 1 day for each hour of community 140 service performed. As used in this subsection, the term 141 “community service” means cleaning graffiti from public 142 property. 143 Section 5. This act shall take effect October 1, 2019.