Florida HB 455: Governance of Banks and Trust Companies

Status: Chapter No. 2018-48 (as of 2018-03-22)

State: Florida · Session: 2018 · Bill: HB 455

Subjects: financial institutions

Sponsors: Insurance and Banking Subcommittee

Bill Text

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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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

HB 455 2026

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(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,

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