Hendry County reopens cemetery rules discussion; board to post notice signs and consider lighting pilot

Daniel Akins, Hendry County cemetery supervisor, asked the Board of County Commissioners on Aug. 26 for direction on enforcing the county’s cemetery ordinance and for clearer, weatherproof notification to families prior to removal of nonconforming items.

Akins said staff had placed flyers on graves since April to notify relatives about prohibited items — particularly solar lights and noncompliant fencing — and proposed more durable posted notices so family members would be more likely to see them before staff removed items.

The item drew several public speakers, including Christina Davidson, Sherry Walker and Mercedes Garcia, who described family practices at individual gravesites and urged the board to act with sensitivity. Several speakers asked that small, intact memorials such as solar lights placed in permanent vases or items inside a defined coping be allowed or grandfathered.

County staff and commissioners emphasized three recurring themes: (1) the county’s 2021 ordinance already prohibits solar lighting and gives the county authority to remove items that obstruct maintenance or deteriorate; (2) enforcement had been limited in past years but needs to be consistent to improve cemetery appearance and protect neighboring grave sites; and (3) families should receive clear notice and a reasonable grace period before removals.

“We did an update to the cemetery ordinance in 2021 and there was language changed that allowed the county to go in” and remove unsightly or deteriorated items, Jennifer Davis, county administrator, told the board.

Commissioners directed staff to post weatherproof notice signs at all county cemeteries immediately, continue using protective sleeves for mailed flyers and return to the board with proposed ordinance language and a budget plan for county-installed perimeter or pathway lighting in September. Until that proposal is presented, the board opted to hold off on changing the ordinance to allow solar lights; several commissioners said they would favor allowing lighting only if it is inside a coping or permanently affixed vase and meets a county standard.

Commissioners discussed the timing of notice before removal; opinions ranged from 30 days to longer windows for affected families. Staff said they will propose specific timeframes and sizes/height limits for permitted memorial items when they return with draft ordinance language.

On enforcement practice, staff said the county has historically marked noncompliant sites, taken dated photographs and given families notice before removing items; removed items are stored so families can reclaim them. Staff also said they have authority under the current ordinance to mow or trim burial lots that exceed height limits when necessary.

Ending: Staff will post signs at cemeteries immediately, continue current removal procedures under the 2021 ordinance, and return with a detailed ordinance amendment and a proposed cemetery‑lighting budget at the September meeting for board consideration.