S 1248

Florida Senate - 2026  SB 1248
By Senator Davis
5-01264-26  20261248__
1A bill to be entitled
2An act relating to abandoned cemeteries; amending s.
3704.08, F.S.; requiring the state to be granted an
4easement for ingress and egress to abandoned
5cemeteries on private property for specified purposes;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10Section 1. Section 704.08, Florida Statutes, is amended to
11read:
12704.08 Cemeteries; right of ingress and egress for
13visiting, [or] maintenance, research, and searches.—
14(1) The relatives and descendants of any person buried in a
15cemetery shall have an easement for ingress and egress for the
16purpose of visiting the cemetery at reasonable times and in a
17reasonable manner. The owner of the land may designate the
18easement. If the cemetery is abandoned or otherwise not being
19maintained, such relatives and descendants may request the owner
20to provide for reasonable maintenance of the cemetery, and, if
21the owner refuses or fails to maintain the cemetery, the
22relatives and descendants shall have the right to maintain the
23cemetery.
24(2)If credible evidence supports a determination that
25there is an abandoned cemetery located on, underneath, or
26adjacent to land owned by a private owner, the state must be
27granted an easement for ingress and egress for the purpose of
28maintaining the cemetery and conducting research and noninvasive
29searches at such cemetery at reasonable times and in a
30reasonable manner after providing the owner with reasonable
31notice.
32Section 2. This act shall take effect July 1, 2026.