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HB 455 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to protection of historic monuments 2
and memorials; providing a short title; creating s. 3
267.201, F.S.; defining terms; providing legislative 4
intent and findings; preempting all removal, damage 5
to, or destruction of historic Florida monuments and 6
memorials; providing that any existing or future 7
ordinance, regulation, or rule to the contrary, and 8
certain actions by elected or appointed local 9
government officials, are void; prohibiting local 10
governments from enacting or enforcing specified 11
ordinances, regulations, or rules; providing that 12
local governments and elected or appointed local 13
government officials who violate the preemption are 14
liable; requiring the court to declare certain 15
ordinances, regulations, or rules invalid and issue 16
permanent injunctions against the local government; 17
providing that it is no defense that a local 18
government was acting in good faith or upon the advice 19
of counsel; providing civil penalties for certain 20
officials who engage in certain actions; prohibiting 21
the use of public funds to defend or reimburse 22
unlawful conduct of certain persons; authorizing 23
specified persons and organizations to file suit 24
against specified entities for declaratory or 25
HB 455 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
injunctive relief and actual damages; requiring the 26
court to award prevailing plaintiffs specified fees 27
and damages; providing for standing to bring civil 28
actions; providing that a local government is liable 29
in certain instances; requiring the state to restore 30
or relocate a monument or memorial in certain 31
circumstances within a specified timeframe; requiring 32
the Department of State to withhold certain funding 33
from a local government until a certain reimbursement 34
is made; prohibiting the local government from 35
retroactively receiving such funding; authorizing a 36
local government to temporarily remove and relocate a 37
monument or memorial in certain instances provided 38
certain requirements are met; providing such 39
requirements; authorizing the Division of Historical 40
Resources of the Department of State to request 41
certain recommendations from the Florida Historical 42
Commission and the Department of Veterans' Affairs; 43
requiring the division to make a written record of its 44
decision; prohibiting the division from requiring 45
local governments to expend funds unrelated to 46
specified circumstances; authorizing the department to 47
adopt rules; providing an effective date. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51
Section 1. This act may be cited as the "Historic Florida 52
Monuments and Memorials Protection Act." 53
Section 2. Section 267.201, Florida Statutes, is created 54
to read: 55
267.201 Protection of historic monuments and memorials.— 56
(1) As used in this section, the term: 57
(a) "Department" means the Department of State. 58
(b) "Historic Florida military monument or memorial" means 59
a historic Florida monument or memorial that honors or recounts 60
the military service of any past or present military personnel, 61
including service in any armed conflict since settlers from 62
other countries came to what is now the United States. 63
(c) "Historic Florida monument or memorial" means a 64
permanent statue, marker, plaque, flag, banner, cenotaph, 65
religious symbol, painting, seal, tombstone, or display 66
constructed and located on public property which has been 67
displayed for at least 25 years, with the intent of being 68
permanently displayed or perpetually maintained, and which is 69
dedicated to any person, place, or event that was important in 70
the past or which is in remembrance or recognition of a 71
significant person or event in state history. 72
(d) "Local government" means any municipality, county, 73
school district, state college, state university, or other 74
political subdivision of the state. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(a) It is the intent of the Legislature to declare void 76
all ordinances, regulations, and executive actions regarding the 77
removal, damage, or destruction of historic Florida monuments or 78
memorials which have been enacted by any local government. 79
(b) It is also the intent of the Legislature that the 80
state act to protect each historic Florida monument or memorial 81
from removal, damage, or destruction. The Legislature finds that 82
an accurate and factual history belongs to all Floridians and 83
future generations and that the state has an obligation to 84
protect and preserve such history. 85
(c) Further, it is the intent of the Legislature to 86
provide statewide uniformity through the division. It is also 87
the Legislature's intent for the division to work actively to 88
protect and preserve each historic Florida monument or memorial 89
and ensure that each such monument or memorial is not removed, 90
damaged, or destroyed, regardless of the location of such 91
monument or memorial in this state, and to consult with the 92
Department of Veterans' Affairs on actions regarding all 93
historic Florida military monuments or memorials. 94
(3)(a) Any removal of, damage to, or destruction of 95
historic Florida monuments or memorials is preempted to the 96
state. Any existing or future local government ordinance, 97
regulation, or rule to the contrary, or any such action by an 98
elected or appointed local government official, other than those 99
authorized in subsection (6), is void. 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) A local government may not enact or enforce any local 101
ordinance, regulation, or rule removing, damaging, or destroying 102
a historic Florida monument or memorial. 103
(4)(a) A local government or an elected or appointed local 104
government official who violates subsection (3) by enacting or 105
enforcing a local ordinance, regulation, or rule impinging upon 106
such preemption is liable as provided in this subsection. 107
(b) If a local government violates paragraph (a), the 108
court must declare the ordinance, regulation, or rule invalid 109
and issue a permanent injunction against the local government, 110
prohibiting the enforcement of such ordinance, regulation, or 111
rule. It is not a defense that, in enacting or enforcing the 112
ordinance, regulation, or rule, the local government was acting 113
in good faith or upon the advice of counsel. 114
(c) The court shall assess a civil fine of up to $1,000 115
against an elected or appointed local government official who 116
knowingly and willfully violates paragraph (a). 117
(d) Except as required by applicable law, public funds may 118
not be used to defend or reimburse the unlawful conduct of an 119
elected or appointed local government official found to have 120
knowingly and willfully violated paragraph (a). 121
(e)1. A person or an organization described in 122
subparagraph 2. may file suit against a local government or an 123
elected or appointed local government official in any court of 124
this state having jurisdiction over the defendant to the suit 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for declaratory or injunctive relief and for actual damages, as 126
limited herein, caused by a violation. A court shall award a 127
prevailing plaintiff in any such suit: 128
a. Reasonable attorney fees and costs in accordance with 129
the laws of this state; and 130
b. The actual damages incurred, up to $100,000. 131
2. The following have standing to bring a civil action for 132
a violation of paragraph (a): 133
a. A group involved in the design, erection, or 134
maintenance of the monument or memorial or a member of such 135
group; or 136
b. A group or person regularly using the monument or 137
memorial for remembrance. 138
(5) If a historic Florida monument or memorial is removed, 139
damaged, or destroyed by a local government in violation of 140
paragraph (4)(a), the local government is liable for restoring 141
or relocating such monument or memorial to its original 142
condition or location or as close as possible to the original 143
condition or location within 3 years after the date of the 144
removal, damage, or destruction. If the local government does 145
not have the necessary funds for the restoration or relocation, 146
the state must restore or relocate such monument or memorial, 147
and the department must withhold from the local government all 148
arts, cultural, and historic preservation funding until the 149
local government reimburses the state for the cost of restoring 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or relocating such monument or memorial. All such funds become 151
available to the local government once the state is repaid. The 152
local government may not retroactively collect any of the 153
department funds that otherwise would have been received during 154
the period that state funds were withheld. 155
(6)(a) A local government may temporarily remove and 156
relocate a historic Florida monument or memorial only due to 157
military necessity or for any construction or infrastructure 158
project. 159
(b) The local government proposing to remove and relocate 160
a Florida historic monument or memorial shall put into an escrow 161
account a good faith estimate of the funds necessary to 162
temporarily relocate such monument or memorial. 163
(c) A historic Florida monument or memorial that is 164
temporarily removed must be moved to a site of similar 165
prominence, honor, visibility, and access within the same county 166
or municipality in which the monument or memorial was originally 167
located. 168
(d)1. A local government shall provide written 169
notification to the division, on a form prescribed by the 170
department in consultation with the Department of Veterans' 171
Affairs: 172
a. Of the temporary removal and relocation of a historic 173
Florida monument or memorial. The written notification must be 174
provided within 10 days after the date of the local government's 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
decision to temporarily remove such monument or memorial. 176
b. That the military necessity has ceased or that the 177
construction or infrastructure project is completed. The written 178
notification must be provided within a reasonable timeframe, but 179
not more than 30 days after the military necessity has ceased or 180
the construction or infrastructure project has been completed. 181
2. The historic Florida monument or memorial must be moved 182
back to the original location or, if that is not possible, to a 183
site with similar prominence, honor, visibility, and access 184
within the same county or municipality, as determined by the 185
division. The division may request recommendations for such 186
locations from the Florida Historical Commission or, for a 187
historic Florida military monument or memorial, from the 188
Department of Veterans' Affairs. 189
(7) The division shall make a written record of its 190
decision to act or defer action on any issue regarding the 191
protection, preservation, or relocation of a historic Florida 192
monument or memorial. The division may not require a local 193
government to expend funds on a historic Florida monument or 194
memorial in instances unrelated to subsection (5) or subsection 195
(6). 196
(8) The department, in consultation with the Department of 197
Veterans' Affairs, may adopt rules to implement this section. 198
Section 3. This act shall take effect upon becoming a 199
law. 200