Tallahassee, FL – A new bill introduced in the Florida House of Representatives for the 2024 session has sparked a heated debate over the protection and preservation of historical monuments in the state. House Bill 395, proposed by Representative Dean Black (R) of Jacksonville, aims to enforce stringent measures against the removal or alteration of historical monuments and memorials, including those commemorating Confederate figures.
Public Officials Removing Memorials Could Be Fined
The bill, filed last week, comes in the wake of Jacksonville’s contentious decision to remove a Confederate statue from a public park over three years ago. If enacted, HB-395 would prohibit local governments from removing existing monuments and memorials. Officials responsible for such actions could face fines of $5,000 or the cost of removal and replacement, whichever is higher, payable from their personal funds. Moreover, they may be liable for three times the restoration cost and could face unspecified punitive damages.
This legislation also mandates the reinstallation of a statue of Confederate General Edmund Kirby Smith, previously located in the U.S. Capitol’s National Statuary Hall, to be displayed in Florida at the state’s expense.
Governor Could Remove Officials From Office
The proposed bill would empower Florida Governor Ron DeSantis with the authority to remove noncompliant local officials from office. It specifies that any local official, agent, or member who directs, permits, facilitates, or votes for the removal or destruction of a monument or memorial will be subject to the civil penalty.
The bill further outlines that historical monuments or memorials cannot be removed, damaged, or destroyed, with limited exceptions for construction projects. In such cases, the removed structure must be reinstated at its original location or as close as possible in a prominent and accessible public view.
Not all support the bill
Critics of the bill, including current Democratic Mayor of Jacksonville Donna Deegan, have condemned it as an unconstitutional overreach and a violation of home rule. Deegan described the bill as “another slap in the face to our Black community” and a stripping away of local authority. Meanwhile, public opinion remains divided, with a recent University of North Florida poll indicating a near-even split among city residents on the issue of Confederate monument removal.
The bill’s retroactive clause, which applies to actions taken after 2016, further intensifies the debate, potentially impacting past decisions on monument removal.
Governor DeSantis’ office has not yet commented on the bill, noting its ongoing legislative process. However, DeSantis’ recent statements suggest a growing inclination towards preserving Confederate history, including advocating for the reversal of a military base renaming.
The bill, if passed in the 2024 legislative session, would become effective in July. As the debate continues, both supporters and opponents of the bill are bracing for a significant impact on Florida’s approach to its historical monuments and the ongoing national conversation about how history is remembered and commemorated.
