Florida Senate seeks to protect monuments
Committee backs bill that would allow suits over removal of Confederate displays
TALLAHASSEE — Supporters of Confederate monuments and other historical markers could sue over the removal or destruction of the displays, under a proposal moving forward in the Florida Senate.
In a 6-2 party-line vote, the Republican-controlled Community Affairs Committee on Wednesday backed the bill (SB 1096), which would give standing to people to file lawsuits if they believe they have “lost history” or the ability to teach about the past because of monuments being removed or relocated or because the structures were not protected from damage.
“What I like about these memorials in public places is that everybody has the opportunity to see who we were,” bill sponsor Jonathan Martin, R-Fort Myers, said. “The older the monument, the more important it is, because it provides a starting point for what our country began as, who led our country.”
The measure comes after controversies in recent years in
Florida and other states about removing historic markers, many honoring members of the Confederacy.
Sen. Rosalind Osgood, D-Fort Lauderdale, said many markers were erected well after the Civil War during the 1950s and 1960s in defiance of the civil-rights movement.
“I’m hoping that we’ll get to a point where we can have some real tough conversations to understand why different groups feel different ways about certain things,” said Osgood, who is Black. “People that look like me really are offended by a lot of the Confederate
monuments.”
Sen. Dennis Baxley, R-Eustis, said people should “respect” memorials, as “we all have plenty to repent of personally, in addition to whatever our ancestors did.”
“I think this could be a step forward of just mutual respect, and yeah, maybe force us to confront our failures of the past and force us to say, ‘We have gotten better on some things,’ ” Baxley added. “But to condemn other people’s memorialization, when they’re not even here to explain themselves or their role, I think it’s very disrespectful.”
Jonathan Webber, a lobbyist for the Montgomery, Ala.based SPLC Action Fund, argued Confederate monuments honor people who took up arms against the United States and “are symbolic reminders of the racist social hierarchy that can still be felt today.”
The bill would apply to a wide range of items, including plaques, statues, markers, flags and banners, that are considered permanent displays “dedicated to a historical person, entity, event or series of events, and that honors or recounts the military service of any past or present military personnel or the past or present public service of a resident of the geographical area.”
People responsible for damaging or removing monuments or memorials would be open to civil lawsuits, including a threat of increased damages known as “treble” damages and punitive damages.
The measure would allow monuments and memorials to be moved but only to areas that have “similar prominence and access to the public.”
The proposal must be approved by the Rules Committee to reach the Senate floor.
A House version (HB 1607) cleared the Constitutional Rights, Rule of Law & Government Operations Subcommittee last week in a 9-3 vote.