26-2285 Amend Chapter 26 of the City Code regarding Longwood Memorial Gardens Cemetery ORDINANCE NO. 26-2285
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF LONGWOOD CODE OF
ORDINANCES REGARDING THE MUNICIPAL CEMETERY; PROVIDING FOR
CONFLICTS,SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood owns and operates Longwood Memorial Gardens as its
municipal cemetery; and
WHEREAS, the current provisions of Chapter 26 are limited in scope and do not adequately
address ownership, transfers, cremains, columbaria, permit approvals, administrative procedures, or
abandonment of unused burial rights; and
WHEREAS, the City Commission finds it necessary to modernize Chapter 26 to provide for the
orderly administration, protection of lot owners, and efficient operation and maintenance of the
municipal cemetery; and
WHEREAS,the City Commission further finds that the amendments adopted herein are in the best
interests of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Longwood, Florida,
that:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a part of this Ordinance.
SECTION 2. City Code of Ordinances Amendment. Chapter 26,of the City Code of Ordinances is
hereby amended as follows (words that are stricken out are deletions; words that are underlined are
additions):
Chapter 26 - CEMETERY
Footnotes:
Cross reference— Streets, sidewalks and other public places, ch. 78.
State Law reference— Florida cemetery act, F.S.5 559.30 et seq. ch.497, as may be amended.
Sec. 26-1. - Definition.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ordinance No.26-2285
Page 1 of 9
Municipal cemetery or cemetery,when used in this chapter, means the municipal cemetery of the
city, commonly referred to as "Longwood Memorial Gardens."
Certificate of interment means the official document issued by the city evidencing ownership and
the right of use of a cemetery lot, space, or niche.
Burial right or right of interment means the limited right to use a cemetery lot, space,or niche for
burial, interment, or inurnment purposes, and does not convey fee simple ownership of land.
Owner of record means the person or persons shown on the records of the city as having legal
ownership of a cemetery lot, space, or niche.
Cemetery lot or space means a grave, cremation lot, or burial space intended for interment or
inurnment.
Columbarium means a structure or building substantially exposed above the ground intended for
the placement of cremated remains.
Niche means a space within a columbarium intended for the placement of cremated remains.
Cremains means cremated human remains.
Interment means the burial of human remains in the ground.
Inurnment means the placement of cremated remains in a niche or burial space.
Disinterment means the removal of previously interred human remains or cremated remains from
a grave, lot, space, or niche.
Affidavit means a notarized document used to transfer, add, or establish ownership or heirship
rights to a cemetery lot, space, or niche.
Burial permit means written authorization required by law and by the city prior to any burial,
interment, or inurnment.
Sec. 26-2. -Authority in city commission.
The city commission shall manage, operate and maintain the municipal cemetery subject to any
limitations and restrictions set forth in this chapter contained in any applicable law.The city commission
shall establish cemetery policies,fees,and rules and regulations by ordinance or resolution,as applicable.
Ordinance No.26-2285
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All cemetery lots, spaces, niches, and burial rights shall be subject to this chapter and to the
cemetery rules and regulations adopted by the city commission, as may be amended from time to time,
which are incorporated by reference and made a part of all cemetery conveyances and agreements.
Sec. 26-3. - Rules and regulations.
The city commission shall from time to time establish rules and regulations for the use of the
cemetery relating to:
(1) Subdividing the cemetery into lots;
(2) Capacity of each lot;
(3) Location of graves;
(4) Type of plantings, monuments and markers that will be permitted for the proper and most
attractive development of the cemetery;
(5) Ownership, transfer, assignment, repurchase, and abandonment of burial rights;
(6) Interments, inurnments, disinterments, cremains, and columbarium operations;
(7) Installation,engraving, and approval of monuments, markers, memorials,and other work
within the cemetery;
(8) Decorations, maintenance standards, and removal of objectionable or nonconforming
items; and
(9) All other matters necessary for the orderly administration, operation, and maintenance
of the cemetery.
Sec. 26-4. - Duties of director of public works.
The director of public works shall have the following duties with regard to the cemetery:
cemetery and see that no lot therein is used or occupied in violation of this chapter or of any
rule or regulation promulgated by the city commission.
(1) Maintenance and care. The director of public works shall be responsible for the general care,
maintenance, and upkeep of the cemetery grounds, including landscaping, mowing,
irrigation, and the overall condition of the property, and shall assist in ensuring that no lot or
space is used or occupied in violation of this chapter or the city's rules and regulations.
{2) Collect and turn over fees. All fees and charges collected by the director of public works for
duties and services performed in connection with the cemetery shall immediately be turned
over by him to the city clerk.
(2) Operational support. The director of public works shall provide operational support for
cemetery activities, including the marking of grave locations prior to burial or inurnment,
verification of burial and inurnment locations, and opening and closing of columbarium
niches, as authorized by the city.
{3) Supervise interment.The director of public works shall supervise interment.
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(3) Compliance oversight and coordination. The director of public works shall assist in ensuring
that all activities within the cemetery comply with this chapter and applicable rules and
regulations,shall report any violations to the city clerk,and shall coordinate with the city clerk's
office to ensure that all interments, inurnments,disinterments, installations,and related work
are properly scheduled and authorized prior to execution.
(4) Utilities and infrastructure. The director of public works shall be responsible for utilities,
infrastructure, and physical assets associated with the cemetery.
Sec. 26-5. - Lot valuation; method of purchase.
kept on file, open to public inspection, in the office of the clerk. Such valuations shall be fixed and the
eluatio „stablishecl shall be the p at which .- Bch I + hall h ld
The city commission shall establish by resolution the fees, charges, and prices for cemetery
lots,spaces, niches, interments, inurnments,transfers, markings, installations,disinterments,
and related services.
-b An., erson desiri „ +o ., re4a e a ailable lot or lots in the + F +h f
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which it is intended, shall be permitted to do so upon payment of the full price fixed for such lot in
aeeerci-a-Ree-with4h-e-payment-f-ee-seheel-u-le-a-R€1444-e-Fules-a-Rel-Fegulatiens,
Hal Any person desiring to purchase an available lot, space, or niche in the cemetery for the
purpose intended shall be permitted to do so in accordance with the cemetery fee schedule,
this chapter, and the city's rules and regulations.
(c) Purchase may be made by payment in full or by an approved payment plan established by the
city.
(d) No burial, interment, inurnment, transfer, marker installation, engraving, or issuance of a
certificate of interment shall occur until payment has been made in full.
(e) In the event of default under a payment plan, the city may cancel the purchase agreement
and retain payments previously made as liquidated damages, subiect to the terms of the
purchase agreement and applicable law.
ID The city may, but is not required to, repurchase an unused lot, space, or niche in accordance
with city policy and the fee schedule or rules and regulations then in effect.
Sec. 26-6. - Records of ownership.
(a)The city clerk shall keep full and complete records of the ownership of all lots in the cemetery,
of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of the
persons buried in each grave that has been or shall hereafter be used, and of the date of burial of each,
and shall maintain records of niches, columbaria, transfers, affidavits, certificates of interment, owner
contact information, and such other information as the city deems necessary for the orderly
administration of the cemetery.
(b)The city may rely upon its records in good faith unless and until presented with documentation
sufficient under Florida law to require a change.
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(c) Owners shall keep the city informed of their current mailing address and contact information.
Notice mailed to the last address on file with the city shall constitute sufficient notice.
(d) No transfer or assignment of any lot, space, or niche, or any interest therein, shall be valid
unless approved by the city and recorded in the city's cemetery records.
(e) The city may recognize transfers, additions of co-owners, or heirship claims upon receipt of
affidavits, probate documents, wills, court orders, or other documentation acceptable under Florida law.
(f) The city may recognize co-ownership when properly documented. Any one owner of record
may authorize burial or decisions regarding the lot, space, or niche unless the city has received written
notice of a dispute or restriction, in which case all owners shall be required to consent or a court order
shall be required.
Sec. 26-7. - Rules for interment.
(a) No burial or inurnment shall occur without prior authorization from the city.
No deceased person shall be interred in the cemetery until the director of public works has found:
(1) That a burial permit has been obtained from the public health officer as required by law;
(2) That the lot in which burial is to be made has been fully paid for;
(3) That the person arranging for such burial has the right to the use of such lot;
(•1) That such lot is not used beyond its capacity;
(5) That proper record is made of the name and age. of the d eased ^ nd of the e act
location of the grave
(b) No deceased person shall be interred, inurned, or disinterred in the cemetery until the city clerk
and, where operational verification is required, the director of public works, have confirmed:
(1) That all burial,transit, or other permits required by law have been obtained;
(2) That the lot, space, or niche has been fully paid for;
(3) That the person arranging for such burial, inurnment, or disinterment has the legal right to
the use of such lot, space, or niche;
(4) That the lot, space, or niche is not being used beyond its lawful capacity;
(5) That proper record is made of the name of the deceased and the exact location of the
interment or inurnment; and
(6) That all city-required forms, indemnification agreements, affidavits, applications, and fees
have been submitted and approved.
(c) Opening and closing of graves shall be performed by a licensed funeral home, contractor, or other
authorized party in accordance with city rules and regulations, except where the city expressly
Ordinance No.26-2285
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provides otherwise.The city shall verify location and authorization, but shall not be responsible for
funeral services or grave opening and closing except as provided by city policy.
(d) Cremains may be interred or inurned only in approved containers and in locations authorized by
the city.Cremains may be placed in cremation lots,standard lots,or columbaria in accordance with
the rules and regulations and the capacity limits established by the city. Additional inurnments
within an existing columbarium niche or burial space may be permitted subject to capacity
limitations, administrative approval, and payment of applicable fees established by resolution.
(e) Disinterment shall require a valid court order or other legal authorization acceptable to the city
and shall be performed in accordance with state law and city rules and regulations.
ID No person or entity shall install any monument, marker, memorial, engrave a niche panel, or
perform any work within the cemetery without prior approval from the city and compliance with
the city's cemetery rules and regulations.The city shall require completion of applicable cemetery
application forms and approval by the city prior to any installation, engraving, or related work.
All work within the cemetery shall be subject to the control, supervision, and approval of the city.
The city may deny or revoke approval for any work that does not comply with this chapter or the
rules and regulations.
Sec. 26-8. - Reports.
The city clerk shall make a monthly report on the condition of the cemetery to the city
for the cemetery in the budget.
The city clerk shall provide reports on the condition,operation,and administration of the cemetery to the
city commission upon request. Such reports may include information regarding ownership, interments,
transfers, maintenance, fees, cemetery inventory, and any other matters relevant to the administration
of the cemetery.
Sec. 26-9. -Cemetery fee schedule.
The cemetery fee schedule shall be as set out in Appendix B.
All cemetery fees, charges, and related costs shall be established by resolution of the city commission, as
may be amended from time to time. Any prior fee schedules contained within Appendix B or adopted by
prior ordinance are hereby superseded to the extent inconsistent with any subsequently adopted
cemetery fee resolution.
Sec. 26-10. -Abandonment of burial rights.
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(a) Burial rights in any cemetery lot, space, or niche shall be presumed abandoned when such
rights have remained unused for a period of fifty (50) years and the city is unable, after
reasonable efforts,to contact the owner of record or heirs.
j1)1 Prior to declaring such burial rights abandoned,the city shall:
(1) Attempt to provide notice by mail to the last known address of the owner of record or
known heirs, if available; and
(2) Publish notice in a newspaper of general circulation within the city or on a publicly
accessible website in accordance with Section 50.0311, Florida Statutes.
jc Any person claiming an ownership interest shall have thirty(30) days from the date of notice
to respond and provide proof of ownership and intent to retain or use the burial rights.
(d) If no valid claim is made,the burial rights shall be deemed abandoned and may be reclaimed
by the city and returned to inventory for resale in accordance with applicable law, city policy,
and the rules and regulations.
Lel This section shall apply to all burial rights regardless of the date of original purchase, subject
to the notice requirements herein and applicable law.
Sec. 26-11. - Limitation of liability; correction of errors.
(a) The city shall not be liable for loss or damage to monuments, markers, memorials,
decorations, plantings, or other personal property within the cemetery arising from causes
beyond its reasonable control, including but not limited to weather, acts of God, vandalism,
theft,or other unforeseen events.
j� The city shall not be liable for actions taken in good-faith reliance on its records, affidavits,
applications, authorizations, instructions, or other documents provided to it.
jj The city reserves the right to correct clerical, mapping, conveyance, placement, interment,
inurnment, or similar errors made in good faith and shall not incur liability for making such
corrections.
(d) In the event the city mistakenly sells or conveys a cemetery lot or columbarium niche to more
than one purchaser, then upon discovery of such mistake the situation shall be resolved in
the following manner:
(i) In the event no burial or internment of cremated remains has occurred within the
cemetery lot/space or columbarium niche at issue,then the purchaser issued a document
of ownership first in time shall be deemed the sole owner of the cemetery lot/space or
columbarium niche and the city shall, as the remaining purchaser's(s') sole remedy,
refund the other purchaser's(s')fees paid to the city for the lot/space or niche in full and
declare their document(s)of ownership null and void.
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(ii) In the event a burial or internment of cremated remains has occurred within the
cemetery lot/space or columbarium niche at issue,then the purchaser who has buried or
interned cremated remains with such lot/space or niche shall be deemed the sole owner
of the cemetery lot/space or columbarium niche and the city shall, as the remaining
purchaser's(s') sole remedy, refund the other purchaser's(s') fees paid to the city for the
lot/space or niche in full and declare their document(s) of ownership null and void.
(e) All purchasers (including their heirs, personal representatives, successors and assigns in
interests) hold the city and the city's elected and appointed officials, officers, attorneys,
employees and agents harmless concerning mistakes that may occur in the selling and
conveyance of cemetery lots/spaces and columbarium niches and further, agree that the
maximum liability the city may incur in the event of such mistakes shall be a sum not exceed
an amount equal to 100% of the fees paid to the city by said purchasers for the particular
cemetery lots/spaces and columbarium niches at issue. Purchasers waive any and all
injunctive relief, specific performance, other monetary and equitable claims against the city
that they may or could have brought against the city concerning such matters.
Sec. 26-12. Repurchase option.
The city hereby reserves an option to repurchase for the original purchase price any cemetery lot or
columbarium niche from the estate of the purchaser or any successor or assign thereafter in the event
that (i) a situation arises where a purchaser of a cemetery lot or columbarium niche becomes deceased,
(ii)the person or persons designated by the purchaser for internment are not interned in the lot or niche,
and (iii) there is an attempt to transfer ownership of the lot or columbarium niche to a person not
designated by the original purchaser for internment or ownership upon the purchaser's death. Upon the
city's repurchase of the cemetery lot or columbarium niche,the city shall have the right to resell such lot
or niche.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
SECTION 4. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other
ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the
law.
SECTION 5. Codification. Section 2 on this Ordinance shall be incorporated into the Longwood
City Code.Any section,paragraph number,subsection number, letter and/or any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical,typographical and similar or like errors
may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of
this Ordinance or City Code may be freely made.
Ordinance No.26-2285
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SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Longwood, Florida.
FIRST READING: a lc( ? 2J
SECOND READING: Daly 20 ) 2.DZ�
ADOPTED this Le" day of ikt%l 2026, by the City Commission of the City of Longwood,
Florida. 1
'j•M,• S:• CITY COMMISSION OF THE CITY OF LONGWOOD,
ayNt•.•' . y� ' FLORIDA
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C '! Tony Bo r
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AT� T ... '•� ��+�.�
Liane Cartagena, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Daniel W. Langl ,Ci Attorney
Ordinance No.26-2285
Page 9 of 9
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Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the [City's/Town's/Village's]website by the
time notice of the proposed ordinance is published.
Proposed ordinance's title/reference: ORDINANCE NO. 26-2285
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA, AMENDING CHAPTER 26 OF THE CITY OF LONGWOOD CODE OF
ORDINANCES REGARDING THE MUNICIPAL CEMETERY; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the [City/Town/Village] is
of the view that a business impact estimate is not required by state law' for the proposed
ordinance, but the [City/Town/Village] is, nevertheless, providing this Business Impact
Estimate as a courtesy and to avoid any procedural issues that could impact the
enactment of the proposed ordinance. This Business Impact Estimate may be revised
following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the [City/TownNillage] hereby publishes the
following information:
1 See Section 166.041(4)(c), Florida Statutes.
1
1 . Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
The proposed ordinance modernizes cemetery administration by updating
definitions, ownership and transfer procedures, interment requirements,
recordkeeping, maintenance responsibilities, abandonment procedures, and other
operational standards to improve the efficient administration and operation of the
City's municipal cemetery and protect the public health, safety, and welfare.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the [City/TownNillage], if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The ordinance establishes the ability of the City Commission to adopt a fee, but
does not itself establish a fee.
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
The ordinance establishes the ability of the City Commission to adopt a fee by
Resolution, but does not itself establish a fee.
(c) An estimate of the City of Longwood regulatory costs, including estimated revenues
from any new charges or fees to cover such costs.
The ordinance establishes the ability of the City Commission to adopt a fee, but
does not itself establish a fee.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None anticipated. The proposed ordinance primarily affects the administration
and operation of the City's municipal cemetery and the rights and responsibilities
of individual lot owners and purchasers.
4. Additional information the governing body deems useful (if any):
2