Florida SB 496: Electronic Monitoring of Persons Charged with or Convicted of Offenses Involving Schools or Students

Status: Laid on Table, companion bill(s) passed, see CS/HB 329 (Ch. 2023-225) (as of 2023-05-02)

State: Florida · Session: 2023 · Bill: SB 496

Subjects: crimes, subject index

Sponsors: Burgess, Criminal Justice

Bill Text

496 
Protection of Historic Monuments and Memorials 
2025-11-13T10:24:22Z 
Citing this act as the “Historic Florida Monuments and Memorials Protection Act”; preempting all removal, damage to, or destruction of historic Florida monuments and memorials; providing that any existing or future ordinance, regulation, or rule to the contrary, and certain actions by elected or appointed local government officials, are void; providing civil penalties for certain officials who engage in certain actions; authorizing a local government to temporarily remove and relocate a monument or memorial in certain instances provided certain requirements are met, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
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 Florida Senate - 2026 SB 496 

 By Senator McClain 

 9-00043A-26 2026496__ 
 1 A bill to be entitled 
 2 An act relating to protection of historic monuments 
 3 and memorials; providing a short title; creating s. 
 4 267.201, F.S.; defining terms; providing legislative 
 5 intent and findings; preempting all removal, damage 
 6 to, or destruction of historic Florida monuments and 
 7 memorials; providing that any existing or future 
 8 ordinance, regulation, or rule to the contrary, and 
 9 certain actions by elected or appointed local 
 10 government officials, are void; prohibiting local 
 11 governments from enacting or enforcing specified 
 12 ordinances, regulations, or rules; providing that 
 13 local governments and elected or appointed local 
 14 government officials who violate the preemption are 
 15 liable; requiring the court to declare certain 
 16 ordinances, regulations, or rules invalid and issue 
 17 permanent injunctions against the local government; 
 18 providing that it is no defense that a local 
 19 government was acting in good faith or upon the advice 
 20 of counsel; providing civil penalties for certain 
 21 officials who engage in certain actions; prohibiting 
 22 the use of public funds to defend or reimburse 
 23 unlawful conduct of certain persons; authorizing 
 24 specified persons and organizations to file suit 
 25 against specified entities for declaratory or 
 26 injunctive relief and actual damages; requiring the 
 27 court to award prevailing plaintiffs specified fees 
 28 and damages; providing for standing to bring civil 
 29 actions; providing that a local government is liable 
 30 in certain instances; requiring the state to restore 
 31 or relocate a monument or memorial in certain 
 32 circumstances within a specified timeframe; requiring 
 33 the Department of State to withhold certain funding 
 34 from a local government until a certain reimbursement 
 35 is made; prohibiting the local government from 
 36 retroactively receiving such funding; authorizing a 
 37 local government to temporarily remove and relocate a 
 38 monument or memorial in certain instances provided 
 39 certain requirements are met; authorizing the Division 
 40 of Historical Resources of the Department of State to 
 41 request certain recommendations from the Florida 
 42 Historical Commission and the Department of Veterans’ 
 43 Affairs; requiring the division to make a written 
 44 record of its decision; prohibiting the division from 
 45 requiring local governments to expend funds unrelated 
 46 to specified circumstances; authorizing the department 
 47 to adopt rules; providing an effective date. 
 48 
 49 Be It Enacted by the Legislature of the State of Florida: 
 50 
 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 to 
 54 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 (2)(a) It is the intent of the Legislature to declare void 
 76 all ordinances, regulations, and executive actions regarding the 
 77 removal, damage, o

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