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HB1479 • 2026

Abandoned and Historic Cemeteries

Abandoned and Historic Cemeteries

Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Driskell
Last action
2026-03-13
Official status
House - Died in Civil Justice & Claims Subcommittee
Effective date
2026-07-01

Plain English Breakdown

The bill text does not specify that private landowners are automatically entitled to a conservation easement for historic cemeteries, only abandoned ones.

Abandoned and Historic Cemeteries

This bill allows certain funds to be used for acquiring land that protects historic cemeteries and requires private landowners with abandoned cemeteries on their property to give the state an easement for access.

What This Bill Does

  • Allows money from the Florida Forever Trust Fund to be used to buy land that helps protect historic cemeteries, if approved by lawmakers.
  • Requires private landowners who have abandoned cemeteries on their property to let the state enter and leave the cemetery for maintenance, research, or searches.
  • Adds abandoned cemeteries found on private lands to a list called the Florida Master Site File.

Who It Names or Affects

  • Private landowners who have abandoned cemeteries on their property.
  • The state government, which will be allowed to access and maintain abandoned cemeteries on private lands.

Terms To Know

Conservation Easement
A legal agreement that limits the use of land in order to protect its natural features or historical value.
Florida Master Site File
A list maintained by Florida's government that includes information about important archaeological and historic sites, including cemeteries.

Limits and Unknowns

  • The bill only applies to abandoned or historic cemeteries on private lands in Florida.
  • It is unclear how much funding will be available for the acquisition of land to protect these cemeteries.

Bill History

  1. 2026-03-13 House

    • Died in Civil Justice & Claims Subcommittee

  2. 2026-02-04 House

    • Favorable by Natural Resources & Disasters Subcommittee • Reported out of Natural Resources & Disasters Subcommittee • Now in Civil Justice & Claims Subcommittee

  3. 2026-02-02 House

    • Added to Natural Resources & Disasters Subcommittee agenda

  4. 2026-01-15 House

    • Referred to Natural Resources & Disasters Subcommittee • Referred to Civil Justice & Claims Subcommittee • Referred to State Affairs Committee • Now in Natural Resources & Disasters Subcommittee

  5. 2026-01-13 House

    • 1st Reading (Original Filed Version)

  6. 2026-01-09 House

    • Filed

Official Summary Text

Abandoned and Historic Cemeteries; Authorizes use of specified funds deposited in Florida Forever Trust Fund for acquisition of lands which preserve certain historic cemeteries; subject to appropriation, authorizing use of additional funds for acquisition of such lands; requires state to be granted easement for ingress & egress to abandoned cemeteries on private lands for specified purposes; requires abandoned cemeteries on private lands to be included in Florida Master Site File; provides that owner of such private land is entitled to conservation easement.

Current Bill Text

Read the full stored bill text 
HB 1479 2026

CODING: Words stricken are deletions; words underlined are additions.
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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 abandoned and historic cemeteries; 2
amending s. 259.105, F.S.; authorizing the use of 3
specified funds deposited in the Florida Forever Trust 4
Fund for the acquisition of lands which preserve 5
certain historic cemeteries; subject to appropriation, 6
authorizing the use of additional funds for the 7
acquisition of such lands; amending s. 704.08, F.S.; 8
requiring the state to be granted an easement for 9
ingress and egress to abandoned cemeteries on private 10
lands for specified purposes; requiring abandoned 11
cemeteries on private lands to be included in the 12
Florida Master Site File; providing that the owner of 13
such private land is entitled to a conservation 14
easement; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Paragraphs (k) through (m) of subsection (3) of 19
section 259.105, Florida Statutes, are redesignated as 20
paragraphs (l) through (n), respectively, paragraph (b) of 21
subsection (3) is amended, and a new paragraph (k) is added to 22
that subsection, to read: 23
259.105 The Florida Forever Act.— 24
(3) Less the costs of issuing and the costs of funding 25

HB 1479 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

reserve accounts and other costs associated with bonds, the 26
proceeds of cash payments or bonds issued pursuant to this 27
section shall be deposited into the Florida Forever Trust Fund 28
created by s. 259.1051. The proceeds shall be distributed by the 29
Department of Environmental Protection in the following manner: 30
(b) Thirty-five percent to the Department of Environmental 31
Protection for the acquisition of lands and capital project 32
expenditures described in this section. Of the proceeds 33
distributed pursuant to this paragraph, it is the intent of the 34
Legislature that an increased priority be given to those 35
acquisitions which achieve a combination of conservation goals, 36
including protecting Florida's water resources and natural 37
groundwater recharge, or which preserve historic cemeteries that 38
are included in the Florida Master Site File pursuant to s. 39
267.21. At a minimum, 3 percent, and no more than 10 percent, of 40
the funds allocated pursuant to this paragraph shall be spent on 41
capital project expenditures identified during the time of 42
acquisition which meet land management planning activities 43
necessary for public access. Beginning in the 2017-2018 fiscal 44
year and continuing through the 2026-2027 fiscal year, at least 45
$5 million of the funds allocated pursuant to this paragraph 46
shall be spent on land acquisition within the Florida Keys Area 47
of Critical State Concern as authorized pursuant to s. 259.045. 48
(k) Subject to legislative appropriation, additional funds 49
may be allocated for the acquisition of conservation easements 50

HB 1479 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

on historic cemeteries that are included in the Florida Master 51
Site File pursuant to s. 267.21. 52
Section 2. Section 704.08, Florida Statutes, is amended to 53
read: 54
704.08 Cemeteries; right of ingress and egress for 55
visiting, or maintenance, research, and searches.— 56
(1) The relatives and descendants of any person buried in 57
a cemetery shall have an easement for ingress and egress for the 58
purpose of visiting the cemetery at reasonable times and in a 59
reasonable manner. The owner of the land may designate the 60
easement. If the cemetery is abandoned or otherwise not being 61
maintained, such relatives and descendants may request the owner 62
to provide for reasonable maintenance of the cemetery, and, if 63
the owner refuses or fails to maintain the cemetery, the 64
relatives and descendants shall have the right to maintain the 65
cemetery. 66
(2) If credible evidence supports a determination that 67
there is an abandoned cemetery located on, underneath, or 68
adjacent to land owned by a private owner, the state must be 69
granted an easement for ingress and egress for the purpose of 70
maintaining and conducting research and noninvasive searches at 71
such cemetery at reasonable times and in a reasonable manner 72
after providing the owner with reasonable notice. If the state 73
determines that an abandoned cemetery exists on such land, the 74
cemetery must be added to the Florida Master Site File pursuant 75

HB 1479 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

to s. 267.21 and the owner of such land shall be entitled to a 76
conservation easement for the cemetery. 77
Section 3. This act shall take effect July 1, 2026. 78