Panel backs bill allowing state access and conservation easements for abandoned historic cemeteries

Representative Driscoll presented HB 1479, which builds on prior work including a statewide task force on abandoned African American cemeteries and statutes that created the Office of Historic Cemeteries. The bill seeks three outcomes when there is credible evidence of an abandoned historic cemetery on or adjacent to private land: (1) authorize a state easement for ingress and egress for maintenance, research and noninvasive searches with reasonable notice to property owners; (2) include confirmed cemeteries in the state's master site file for preservation; and (3) make landowners eligible for a conservation easement, including potential compensation under the Florida Forever program.

Members asked whether the easement would constitute a taking requiring compensation. The sponsor responded that the easement is access-only, not a fee-simple transfer, and emphasized incentives to encourage voluntary cooperation. The sponsor noted the statutory scheme already creates easements where cemeteries are known, and this bill targets sites that were built, stolen or abandoned and require research to confirm.

Sponsor closing remarks framed the bill as an effort to give descendant communities closure and to remedy historical neglect; he cited past examples of development built over cemetery sites. The committee recorded 14 yays and 0 nays and reported the bill favorably.

The measure will advance to subsequent legislative stages for further consideration.