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Home My WebLink AboutVII (G) Discussion re Abandoned Colored Cemetary Agenda 8-06-2002 e Center of Good ttt, Item VII G Mayor �b �Od Commissioners S. Scott Vandergrift , Danny Howell, District 1 Scott Anderson, District 2 City Manager , ER Rusty Johnson, District 3 Jim Gleason t ��RRR�///,iy ,r � � Nancy J. Parker, District 4 MEMORANDUM TO: The Honorable Mayor and City Commissioners FROM: Jean Grafton, City Clerk DATE: July 31,2002 RE: Abandoned Cemetery Dr. Stamper, representing the Reconciliation Task Force, requested that you address the issue of annexing the abandoned colored cemetery which is an enclave within the City of Ocoee. Attached is Florida Statute §497.345 which addresses abandoned cemeteries. City Attorney Rosenthal will discuss the issue at the meeting. The City of Ocoee • 150 N Lakeshore Drive• Ocoee, Florida 34761 phone: (407)905-3100 •fax: (407)656-8504 •www.ci.ocoee.f.us F5.70°I FUNERAL AND CEMETERY SERVICES Ch 497. le e cemetery in connection with the burial of human burial grounds for the specific use of persons whose remains or the commemoration of the memory of a religbus code requires isolation. Religious institution • deceased human being and also to any person in direct cemeteries may limit burials to members of the reli- c • wawann contractual relationship with licensed cemetery gious institution and their families. sr companies. (2) Any cemetery company or other legal entity • 12)(a) Except as otherwise provided in this chapter, which violates the provisions of this section commits a no cemetery company shall directly or indirectly enter misdemeanor of the second degree,punishable as cro- ck ego a contract for the sale of personal property or ser- vided in s. 775.083, and each violation of this section nws, excluding burial or interment rights, which may constitutes a separate offense. 3: be used in a cemetery in connection with disposing of a ry. oh ,m z 78;S.a .75- 6o;8.1.eh 77.457;ss.at 39.40,en _ n araie:s 7,�n. ese.ss.ea, rzz, -sa.;bs.,,.a,m 5.5 human remains, or commemorating the memory of a . 1 deceased human being, if delivery of the personal Note-,—E.9 559.52,S.497091. property or performance of the service is to be made ore than 120 days after receipt of final payment under 497.345 Abandoned cemeteries; immunity; more Pro contract of sale, except as provided in s, 497.417. actions.— . this shall include, but not be limited to, the sale for (1) Notwithstanding provision of law to he con- trary, acountyormunicipalitywhichhaswithinitsjuris- fNure delivery of burial vaults, grave liners, urns, memorials, vases, foundations, memorial bases, and diction an abandoned cemetery or a cemetery that has emaar merchandise and related services commonly not been reasonably maintained for a period in excess add or used in cemeteries and interment fees but of 6 months may, upon notice to the department,take excluding burial or interment rights. such action as is necessary and appropriate to provide • (b) For the purposes of this section,the term"dolly- for maintenance and security of the cemetery. The • fey means actual delivery and installation at the time solicitation of private funds and the expenditure of pub- et need or at the request of the owner or the owner's tic funds for the purposes enumerated in this subsec- agenl. Merchandise is not considered delivered under tion are hereby authorized, provided that no action paragraph(a)if it is stored on the grounds of the ceme- taken by a county or municipality under this subsection Ivry or at a storage facility except for monuments, shall establish an ongoing obligation or duty to provide markers, and permanent outer burial receptacles that continuous security or maintenance for any cemetery. are stored in a protected environment and are corn- (2) No county or municipality nor any person under pdsed of materials designed to withstand prolonged the supervision or direction of the county or municipal- protected storage without adversely affecting the strut- ity, providing good faith assistance in securing or main- tural integrity or aesthetic characteristics of such per- taming a cemetery under subsection (1), may be sub- mwnent outer burial receptacles. feat to civil liabilities or penalties of any typo for dam- (c) In lieu of delivery as required by paragraph (b), ages to property at the cemetery. beanies to cemetery companies and funeral establish- (3) A county or municipality that has maintained or meals, and only for such sales, the manufacturer of a secured a cemetery pursuant to the provisions of sub- Pormanent outer burial receptacle which meets stand- section (1) may maintain an action at law against the 'rile adopted by the board may elect, at its discretion, owner of the cemetery to recover an amount equal to b comply wnh the delivery requirements of this section the value of such maintenance or security. IIannually submitting,in writing, evidence of the man- e 8 n ' - ``7a e7, s za xu,93. es ch. v 3s;55.2,3. .9r- e,s.1,cn. wcturer's financial responsibility with the board for its n ` e-�.5 5' seszs 2: zz n.�4w.wr n. v9. • review and approval.The standards and procedures to . g. atnblish evidence of financial responsibility shall be 497.349 Inactive cemeteries.— ill,so in 5. 497.423 or s. 497.425, with the manufac- (1) A licensee shall be considered inactive upon • tnr of permanent outer burial receptacles which meet the acceptance of the surrender of its license by the rational industry standards assuming the same rights department or upon the nonreceipt by the department and responsibilities as those of a certificateholder of the license renewal fees required by s. 497.213(2)_ miler s.497.423 ors. 497.425. (3) No nonprofit cemetery corporation which has public licensee all blc uponbecoming inactive. At-need tneedsales to to the the la en incorporated and engaged in the cemetery busi- public shall cease within 30 days after becoming inac- rbf tive. prior to and continuously since 1915 and which + ". current trust assets exceeding $2 million shall be (3) Any licensee desiring to surrender its license to required to designate a corporate trustee. eX 5..° z e 3 m 7c-1ua the department shall first: c e P9 eve nr n.evzse z a h,o 7- 57 S v " 7s4cr (a) File notice with the de ailment. i. r. n be 27 ..I.c eve „ 7e i's' 9s.i,'ass`vF2" (b) Submit copies of its existing trust agreements. e a 49zo1o. a (c) Resolve to the department's satisfaction all find- ( allo 41 Burial without regard to race or color. ings and violations resulting from the last examination cemetery company or other legal entity con- conducted. �;. eel e'9 or maintainin any (d) Pay all outstanding fines and invoices due the don • Y burial space to any or private cemetery department. �mbr.A cemetery y person because of race (e) Submit its current license. 4 donate ry company or other entity operating (4) Upon receipt of the notice,the department shallst ry may designate parts of cemeteries or review the licensee's: 359