Abandoned Cemeteries

Land

Passed Legislature

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

Sponsor: Davis
Last action: 2026-03-13
Official status: Senate - Died in Governmental Oversight and Accountability
Effective date: 2026-07-01

Plain English Breakdown

The bill summary text does not provide specific details on how maintenance will be carried out.

Rules for Abandoned Cemeteries

This law requires private landowners to give the state permission to enter and maintain abandoned cemeteries on their property.

What This Bill Does

Requires the state to be granted an easement, or right of entry, to abandoned cemeteries on private land for maintenance, research, and non-invasive searches.
The state must provide reasonable notice to the property owner before entering the cemetery.

Who It Names or Affects

Private landowners who have abandoned cemeteries on their property.
The state government which will be allowed to enter these cemeteries for maintenance, research, and non-invasive searches.

Terms To Know

easement: A legal right allowing someone to use another person's land for a specific purpose, like entering an abandoned cemetery on private property.

Limits and Unknowns

This bill only applies to abandoned cemeteries located on private property.
The exact details about how maintenance will be carried out are not specified in this law.

Bill History

2026-03-13 Senate
• Died in Governmental Oversight and Accountability
2026-01-13 Senate
• Introduced
2026-01-12 Senate
• Referred to Governmental Oversight and Accountability; Judiciary; Rules
2026-01-06 Senate
• Filed

Official Summary Text

Abandoned Cemeteries; Requiring the state to be granted an easement for ingress and egress to abandoned cemeteries on private property for specified purposes, etc.

Current Bill Text

Read the full stored bill text

Florida Senate
-
2026

SB 1248

By
Senator Davis

5-01264-26 20261248__
1 A bill to be entitled
2 An act relating to abandoned cemeteries; amending s.
3 704.08, F.S.; requiring the state to be granted an
4 easement for ingress and egress to abandoned
5 cemeteries on private property for specified purposes;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 704.08, Florida Statutes, is amended to
11 read:
12 704.08 Cemeteries; right of ingress and egress for
13 visiting
,

or
maintenance
, research, and searches
.—
14
(1)
The relatives and descendants of any person buried in a
15 cemetery shall have an easement for ingress and egress for the
16 purpose of visiting the cemetery at reasonable times and in a
17 reasonable manner. The owner of the land may designate the
18 easement. If the cemetery is abandoned or otherwise not being
19 maintained, such relatives and descendants may request the owner
20 to provide for reasonable maintenance of the cemetery, and, if
21 the owner refuses or fails to maintain the cemetery, the
22 relatives and descendants shall have the right to maintain the
23 cemetery.
24
(2)

If credible evidence supports a determination that

25
there is an abandoned cemetery located on, underneath, or

26
adjacent to land owned by a private owner, the state must be

27
granted an easement for ingress and egress for the purpose of

28
maintaining the cemetery and conducting research and noninvasive

29
searches at such cemetery at reasonable times and in a

30
reasonable manner after providing the owner with reasonable

31
notice.

32 Section 2. This act shall take effect July 1, 2026.