Bill ensuring protection for historical monuments and memorials passes through committee

TALLAHASSEE, Fla. – A bill that would ensure protection and preservation for all historical monuments and memorials in Florida passed through a Senate committee Monday.

Sen. Jonathan Martin, R-Fort Myers, filed the bill, SB 1122, entitled the “Historical Monuments and Memorials Protection Act.”

Reps. Dean Black, R-Jacksonville, and Webster Barnaby, R-Deltona, filed a similar bill in the House, HB 395.

“Accurate history belongs to all Floridians in perpetuity,” Martin said. “And accurate and factual history belongs to all Floridians and future generations.”

Martin’s bill passed through the Senate Committee on Governmental Oversight and Accountability Monday.

According to the bill, the secretary of state and the state historic preservation officer shall be responsible for ensuring that each nonmilitary Florida monument or memorial is not removed, damaged, or destroyed, regardless of the location of such monument or memorial in the state.

Under the bill, the Florida Department of Veterans’ Affairs would have those same responsibilities for military monuments and memorials.

Martin explained that a local government may only relocate a historical monument or memorial for a construction or infrastructure project, and the monument must be put back at or nearest to its original location within 12 months of the completion of the project.

The Florida Historical Commission shall provide advice and counsel to the secretary of state and the state historic preservation officer to ensure the protection of a historical monument or memorial, and to the executive director of the Department of Veterans’ Affairs for a military monument or memorial, according to the bill.

The bill states that it would prevent any local government elected officials who “may be swayed by undue influence by groups who may feel offended or hurt by certain actions in the history of the state or the nation” from removing a historic monument or memorial.

Any official, agent, or member of a local government who directs, assists, facilitates, or votes to remove or destroy any monument or memorial would be subject to a civil penalty up to $1,000, or the actual cost of removal and replacement including repairs, whichever is greater, Martin said.

An elected official acting in his or her official capacity who knowingly and willfully violates the terms of the bill would be subject to suspension or removal from office by the governor.

If passed through both legislative chambers and signed by the governor, the bill would take effect July 2024 and would address historic monuments or memorials that have been removed since October 2020.

“The goal is to protect Floridian and American history,” Martin said. “So however we can do that, I believe is the goal of the bill.”

Sen. Tina Polsky, D-Boca Raton, questioned if the bill protects monuments of people later discovered to have done morally reprehensible things.

“Simply removing a statue, I think, takes away the good, if there was good, from that statue – or the bad, but either of those are things that we can learn from as a society to make us stronger and to unite us,” Martin responded.

Polsky questioned if it is a “concern” that Confederate monuments would be protected under this bill and may cause someone to have “emotional distress.”

Martin said he thinks it’s “invaluable” to have monuments and memorials that “can remind every Floridian about where we came from.”

Martin pointed to media outlets who he said “literally made up a story to try to make this more of a Confederate bill,” which he called “nothing further from the truth.”

“This is not a Confederate bill, this is an American history bill,” Martin said.

Both Black and Martin defended their positions on the legislation during an interview on Florida’s Voice with Brendon Leslie, calling out media headlines by NBC 2, who claimed the bills “protect Confederate monuments.”

“The headline is misleading because this is a bill that protects all history,” Black previously said. “It’s truthfully a history bill, and it protects our monuments and memorials wherever situated in Florida, and for whatever purpose.”

“It’s not mostly or predominantly about Confederate memorials, it’s about all of our historic memorials,” he said.

Sen. Tracie Davis, D-Jacksonville, asked Martin if the bill is “more about celebrating people who fought for the continuation of slavery, and not about history.”

“Absolutely not,” Martin replied.

Recently, Jacksonville’s Democratic mayor, Donna Deegan, faced backlash after removing a Confederate statue at Springfield Park, using private funds.

Davis asked if Deegan would be subject to removal from office for her actions under the bill.

Martin said he doesn’t believe the provision would apply to the mayor since it was done before the law has taken effect, but he said “what she did was wrong.”

During public testimony, some members of the public spoke in favor of the bill and others spoke against it.

During debate, Davis said the bill is a “thinly veiled, targeted attack against” Jacksonville.

“I just feel like this is an attack, a continued attack on African Americans, our history, and the contributions we did make to this country,” Davis said. “So I will not be supporting this bill in this forum or any other form.”

In closing, Martin said he is “listening diligently” to those for and against the bill, and said he wants to “make this bill better.”

“Outside of the fact that the bill text says this is to protect all American history, I want to go an extra step and show you, Senator Davis, that I want the bill to protect all American history,” Martin said.

Martin said it’s “clear that there is not enough” monuments and memorials to represent those in opposition.

“Because if there were, they would be voicing support to protect all monuments. We must do better,” Martin said. “And I know many of those who spoke in opposition came from the City of Jacksonville. Jacksonville must do better to make people who live in Jacksonville feel like they’re part of the community.”

Martin said there is a need for “more monuments” in Jacksonville to “show that there has been great American history.”

“I don’t think taking down the monuments is the right thing, but something has happened in Jacksonville and we need to memorialize that,” Martin said. “So that those who feel disenfranchised by this law, and I argue wrongfully, will have something to take their kids and their grandkids to and say, ‘look, these are the leaders in our community who got us to this point.’ Let’s put those monuments up there, but let’s quit tearing down American history.”

“All this bill does is protect American history,” he continued. “But I want to build more. Let’s do it. Let’s unite. Let’s move forward. Let’s work on this bill to make it better.”

Martin filed similar legislation last year, which died in a Senate Committee on Rules.

The bill passed favorably through the committee 4-2. Polsky and Davis were the two who voted against it.