OFFICE OF GENERAL COUNSEL

CITY OF JACKSONVILLE
117 WEST DUVAL STREET
SUITE 480
JACKSONVILLE, FL 32202
PHONE: (904) 255-5100

LEGAL MEMORANDUM

TO:

FROM: Jason R. Teal, Senior Assistant General Counsel

RE: Confederate Monument Removal Process

DATE: July ____, 2023

1. Introduction

The subject of removal or retainage of the two remaining confederate monuments

existing on City property has been and continues to be of great debate. While the ultimate

decision on whether to remove any confederate monument is a policy determination, the process

for such removal is specified in Chapter 307, Ordinance Code (Historic Preservation and

Protection). Both of the remaining historic monuments identified in the City Council‘s 2017

survey (the Monument to the Women of the Southland (Monument to the Women of the

Confederacy) and the Old City Cemetery grandstand) have been locally designated as historic

structures, which affords the monuments certain procedural protections. Additionally, the area

where the two monuments are located, the Springfield Historic District and the Old City

Cemetery, respectively, have been locally designated as historic sites.

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 In 1992, the City Council established the local historic district 1 of Springfield, which

included the then-named Confederate Park (now known as Springfield Park). The structures and

monuments in Confederate Park were identified as being contributing structures in the historic

district, and the Monument to the Women of the Southland (Monument to the Women of the

Confederacy) was specifically identified as being included in the designation. As such,

Springfield Park and this monument have special historic protections under Chapter 307,

Ordinance Code.

Additionally, in 2010, the City Council established the Old City Cemetery as a locally

protected historic landmark 2 and landmark site 3. Within the designation legislation, the Old City

Cemetery grandstand was specifically identified as contributing to the historic elements of the

site. As such, the Cemetery and the grandstand have special historic protections under Chapter

307, Ordinance Code.

2. Questions Presented

A. What is the process for altering the Springfield Historic District to remove the

Monument to the Women of the Southland (Monument to the Women of the

Confederacy) from Springfield Park?

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Ordinance Section 307.102(j)-Historic district means an area which meets at least two of the criteria contained in
Section 307.105(j), Ordinance Code, and has at least 50 percent of its structures identified as contributing structures,
and has been so designated by the City Council.
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Ordinance Section 307.102(l) - Landmark means a building or structure which is at least 50 years old and meets at
least two of the criteria contained in Section 307.104(j), Ordinance Code, and which has been so designated by the
City Council, and has significant archaeological or architectural features or signifies the location of an historical
event.
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Ordinance Section 307.102(m) - Landmark site means (1) a parcel of real property containing either an
improvement, landscape feature or archaeological site, or an historically related complex of improvements,
landscape features or archeological sites that are at least 50 years old and meets at least two of the criteria contained
in Section 307.104(j) or (2) the site of an historic event without any architectural or landscape features.

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 B. What is the process for altering the Old City Cemetery Landmark Site to introduce

the Monument to the Women of the Southland (Monument to the Women of the

Confederacy) onto the Old City Cemetery landmark site?

C. What are some policy considerations to support a request to move the Monument to

the Women of the Southland (Monument to the Women of the Confederacy) from

Springfield Park to the Old City Cemetery?

3. Short Answers

A. Section 307.106(b), Ordinance Code, requires a certificate of appropriateness

(“COA”) to approve any alteration of a contributing structure in an historic district,

including an alteration caused by the removal and relocation of the contributing

structure. The COA application would be prepared and filed by the Administration,

evaluated by the Planning Department’s Historic Preservation Section and decided by

the Jacksonville Historic Preservation Commission (“JHPC”). Appeals of JHPC

decisions can be made to the City Council.

B. Section 307.106(b), Ordinance Code, requires a COA to approve any alteration of a

landmark site, including an alteration caused by the addition of an historic structure to

the site that was not original to the property. The COA application would be prepared

and filed by the Administration, evaluated by the Planning Department’s Historic

Preservation Section and decided by the JHPC. Appeals of JHPC decisions can be

made to the City Council.

C. The JHPC will determine whether to approve, approve with conditions or deny the

application filed by the Administration. This request would be unique in that the

Monument to the Women of the Southland (Monument to the Women of the

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 Confederacy) is located in Springfield Park and is not surrounded by other similar

structures that would be negatively impacted or left without historic context because

of the removal of the monument. Additionally, the proposed relocation site is within

another landmark site that, itself, has historic significance related to the Civil War and

the role of the Confederacy therein. These considerations may minimize or alleviate

altogether the general policy reasons against relocation of a typical historical element

from the overall historic district.

4. Discussion

Section 307.101(a), Ordinance Code provides,

The City Council declares as a matter of public policy that the preservation,
protection, enhancement, perpetuation and use of landmarks, landmark sites and
historic districts is a public necessity because they have a special historic,
architectural, archaeological, aesthetic or cultural interest and value and thus serve
as visible reminders of the history and heritage of this City, state and nation. The
City Council finds that this Chapter benefits the residents and property owners of
Jacksonville and declares as a matter of public policy that this Chapter is required
in the interest of the health, prosperity, safety, welfare and economic well-being
of the people.

The intent of this Chapter is to locally preserve and protect the City’s historic resources.

However, it is also clear that the City Council, in enacting Chapter 307, recognized that there

would be times when the alteration of historic districts and sites would be necessary or desirable,

including alteration through removal of a particular structure from the overall historic district or

landmark site. When such a situation would arise, the Council provided a process for the

thoughtful consideration of the impacts of a request, not only on the district or site from where

the structure would be removed, but also consideration of the impacts on the receiving property

if such a request would be granted.

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 Section 307.106(k), Ordinance Code, specifies that the Historic Preservation

Commission, in considering a COA application for relocation, must evaluate the request by

considering:

(1) The effect of the proposed work on the landmark, landmark site or property within an
historic district upon which such work is to be done;

(2) The relationship between such work and other structures on the landmark site or
other property in the historic district;

(3) The extent to which the historic, architectural, or archaeological significance,

(4) Whether the plans may be carried out by the applicant within a reasonable period of
time.

Additionally, 307.106(o), Ordinance Code, requires consideration of the following

additional criteria:

(1) The contribution the building or structure makes to its present setting;

(2) Whether there are definite plans for the site to be vacated;

(3) Whether the building or structure can be moved without significant damage to its
physical integrity; and
(4) The compatibility of the building or structure with the proposed site and adjacent
properties.

This analysis would be done to evaluate the impact on the Springfield Historic District caused by

the removal of the Monument to the Women of the Southland (Monument to the Women of the

Confederacy).

Because the Old City Cemetery, as the “receiving property” has also been designated as a

landmark site, a similar analysis, using the same criteria, would be performed to ascertain the

impact of the addition of the Monument to the Women of the Southland (Monument to the

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Women of the Confederacy) to the Old City Cemetery property. It will be important to identify,

as part of the COA application, exactly where on the Old City Cemetery site the monument

would be located so that the proper historic contextual analysis can be done.

The COA application would be considered by the JHPC at its regular meeting. The

hearing would be a quasi-judicial, public hearing. Evidence would be submitted (along with the

professional staff report from the Planning Department’s Historic Preservation Section) for

consideration by the JHPC. At the conclusion of the public hearing, the JHPC will rule to

approve, approve with conditions or deny the COA application. Final JHPC decisions are

appealable to the City Council by any “adversely affected party,” which, in addition to the

applicant, includes citizens who presented written or oral testimony at the JHPC public hearing.

The City Council can grant or deny the appeal or remand the matter back to the JHPC for

additional hearings. City Council decisions to grant or deny the appeal are appealable to the

Circuit Court.

There are a number of public policy considerations that may be used to justify the

approval of the COA. First, the COA request would not be to demolish the structure – it would

continue to be available as a “visible reminder of the history and heritage of the City,” albeit at a

different location. Secondly, because the monument is located within the confines of a multi-

acre park, there are no other historic structures within the vicinity that would be impacted by its

removal. Third, the monument’s relocation into that portion of the Old City Cemetery dedicated

to Confederate Civil War veterans may serve to bolster its context and enhance its service as a

visible reminder of this period in Jacksonville’s history. Additionally, the architectural

significance of the monument is not dependent on its location within Springfield Park. It would

maintain that same significance in a new location. Finally, it does not add to the historical

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significance of Springfield Park, which is significant due to it being the site of a reunion of 8000

Confederate veterans in 1914. Instead, the monument is dedicated to memorializing the

Confederacy’s women who suffered as a result of the war, but not because they were veterans of

the war. Such a memorialization of the monument could be accomplished within the Old City

Cemetery just as appropriately.

5. Conclusion

Because both the Monument to the Women of the Southland (Monument to the Women

of the Confederacy) and the Old City Cemetery were declared by the City Council to be

historically significant, they are afforded special local protection against their removal,

relocation or alteration. Relocations are allowed in Chapter 307, Ordinance Code, but must be

approved through consideration of a COA application based upon the criteria listed in section

307.106, Ordinance Code. The COA process requires a public hearing and consideration of

evidence by the JHPC. It also establishes an appeal process to the Jacksonville City Council.

There are a number of important policy reasons why a proposed relocation is appropriate, which

may be relied upon by both the Planning Department staff and the JHPC or City Council to

support the COA application.

If you have further follow-up questions or concerns, please do not hesitate to contact me.

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