Florida Senate - 2012                       CS for CS for SB 868
       
       
       
       By the Committees on Budget Subcommittee on Transportation,
       Tourism, and Economic Development Appropriations; and
       Governmental Oversight and Accountability; and Senator Hays
       
       
       606-04269-12                                           2012868c2
    1                        A bill to be entitled                      
    2         An act relating to archeological sites and specimens;
    3         amending s. 267.12, F.S.; authorizing the Division of
    4         Historical Resources of the Department of State to
    5         issue permits for excavation, surface reconnaissance,
    6         and archaeological activities on land owned by a
    7         political subdivision; providing applicability;
    8         amending s. 267.13, F.S.; providing that specified
    9         activities relating to archaeological sites and
   10         specimens located upon land owned by a political
   11         subdivision are prohibited and subject to penalties;
   12         authorizing the division to impose an administrative
   13         fine on and seek injunctive relief against certain
   14         entities; providing applicability; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsections (1) and (2) of section 267.12,
   20  Florida Statutes, are amended, and subsection (4) is added to
   21  that section, to read:
   22         267.12 Research permits; procedure.—
   23         (1) The division may issue permits for excavation and
   24  surface reconnaissance on land owned or controlled by the state,
   25  including state sovereignty submerged land, land owned by a
   26  political subdivision as defined by s. 1.01(8), lands or land
   27  lands within the boundaries of a designated state archaeological
   28  landmark landmarks or landmark zone zones to institutions which
   29  the division deems shall deem to be properly qualified to
   30  conduct such activity, subject to such rules and regulations as
   31  the division may prescribe, provided such activity is undertaken
   32  by reputable museums, universities, colleges, or other
   33  historical, scientific, or educational institutions or societies
   34  that possess or will secure the archaeological expertise for the
   35  performance of systematic archaeological field research,
   36  comprehensive analysis, and interpretation in the form of
   37  publishable reports and monographs, such reports to be submitted
   38  to the division.
   39         (2) Those state institutions considered by the division
   40  permanently to possess the required archaeological expertise to
   41  conduct the archaeological activities allowed under the
   42  provisions of the permit may be designated as accredited
   43  institutions which will be allowed to conduct archaeological
   44  field activities on land owned or controlled by the state,
   45  including state sovereignty submerged land, land owned by a
   46  political subdivision as defined by s. 1.01(8), state-owned or
   47  controlled lands or land within the boundaries of a any
   48  designated state archaeological landmark or any landmark zone
   49  without obtaining an individual permit for each project, except
   50  that those accredited institutions will be required to give
   51  prior written notice of all anticipated archaeological field
   52  activities on land owned or controlled by the state, including
   53  state sovereignty submerged land, land owned by a political
   54  subdivision as defined by s. 1.01(8), state-owned or controlled
   55  lands or land within the boundaries of a any designated state
   56  archaeological landmark or landmark zone to the division,
   57  together with such information as may reasonably be required by
   58  the division to ensure the proper preservation, protection, and
   59  excavation of the archaeological resources. However, no
   60  archaeological activity may not be commenced by the accredited
   61  institution until the division has determined that the planned
   62  project will be in conformity with the guidelines, regulations,
   63  and criteria adopted pursuant to ss. 267.11-267.14. Such
   64  determination will be made by the division and notification to
   65  the institution given within a period of 15 days after from the
   66  time of receipt of the prior notification by the division.
   67         (4) This section does not apply to a jurisdiction that is
   68  qualified as a certified local government pursuant to the
   69  Historic Preservation Act of 1966, as amended, 16 U.S.C. s. 470,
   70  and that has an archaeological ordinance.
   71         Section 2. Subsections (1) and (2) of section 267.13,
   72  Florida Statutes, are amended, and subsection (5) is added to
   73  that section, to read:
   74         267.13 Prohibited practices; penalties.—
   75         (1)(a) Any person who by means other than excavation either
   76  conducts archaeological field investigations on, or removes or
   77  attempts to remove, or defaces, destroys, or otherwise alters
   78  any archaeological site or specimen located upon, any land owned
   79  or controlled by the state, including state sovereignty
   80  submerged land, land owned by a political subdivision as defined
   81  by s. 1.01(8), or land within the boundaries of a designated
   82  state archaeological landmark or landmark zone, except in the
   83  course of activities pursued under the authority of a permit or
   84  under procedures relating to accredited institutions granted by
   85  the division, commits a misdemeanor of the first degree,
   86  punishable as provided in s. 775.082 or s. 775.083, and, in
   87  addition, shall forfeit to the state all specimens, objects, and
   88  materials collected, together with all photographs and records
   89  relating to such material.
   90         (b) Any person who by means of excavation either conducts
   91  archaeological field investigations on, or removes or attempts
   92  to remove, or defaces, destroys, or otherwise alters any
   93  archaeological site or specimen located upon, any land owned or
   94  controlled by the state, including state sovereignty submerged
   95  land, land owned by a political subdivision as defined by s.
   96  1.01(8), or land within the boundaries of a designated state
   97  archaeological landmark or landmark zone, except in the course
   98  of activities pursued under the authority of a permit or under
   99  procedures relating to accredited institutions granted by the
  100  division, commits a felony of the third degree, punishable as
  101  provided in s. 775.082, s. 775.083, or s. 775.084, and any
  102  vehicle or equipment of any person used in connection with the
  103  violation is subject to forfeiture to the state if it is
  104  determined by any court of law that the vehicle or equipment was
  105  involved in the violation. Such person shall forfeit to the
  106  state all specimens, objects, and materials collected or
  107  excavated, together with all photographs and records relating to
  108  such material. The court may also order the defendant to make
  109  restitution to the state for the archaeological or commercial
  110  value and cost of restoration and repair as defined in
  111  subsection (4).
  112         (c) Any person who offers for sale or exchange any object
  113  with knowledge that it has previously been collected or
  114  excavated in violation of any of the terms of ss. 267.11-267.14,
  115  or who procures, counsels, solicits, or employs any other person
  116  to violate any prohibition contained in ss. 267.11-267.14 or to
  117  sell, purchase, exchange, transport, receive, or offer to sell,
  118  purchase, or exchange any archaeological resource excavated or
  119  removed from any land owned or controlled by the state,
  120  including state sovereignty submerged land, land owned by a
  121  political subdivision as defined by s. 1.01(8), or land within
  122  the boundaries of a designated state archaeological landmark or
  123  landmark zone, except with the express consent of the division,
  124  commits a felony of the third degree, punishable as provided in
  125  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  126  equipment of any person used in connection with the violation is
  127  subject to forfeiture to the state if it is determined by any
  128  court of law that such vehicle or equipment was involved in the
  129  violation. All specimens, objects, and material collected or
  130  excavated, together with all photographs and records relating to
  131  such material, shall be forfeited to the state. The court may
  132  also order the defendant to make restitution to the state for
  133  the archaeological or commercial value and cost of restoration
  134  and repair as defined in subsection (4).
  135         (2)(a) The division may institute an administrative
  136  proceeding to impose an administrative fine of not more than
  137  $500 a day on any person or business organization that, without
  138  written permission of the division, explores for, salvages, or
  139  excavates treasure trove, artifacts, sunken or abandoned ships,
  140  or other objects having historical or archaeological value
  141  located upon land owned or controlled by the state on state
  142  owned or state-controlled lands, including state sovereignty
  143  submerged land, or land owned by a political subdivision as
  144  defined by s. 1.01(8) lands.
  145         (b) The division shall institute an administrative
  146  proceeding by serving written notice of a violation by certified
  147  mail upon the alleged violator. The notice shall specify the law
  148  or rule allegedly violated and the facts upon which the
  149  allegation is based. The notice shall also specify the amount of
  150  the administrative fine sought by the division. The fine is
  151  shall not become due until after service of notice and an
  152  administrative hearing. However, the alleged violator has shall
  153  have 20 days after from service of notice to request an
  154  administrative hearing. Failure to respond within that time
  155  constitutes shall constitute a waiver, and the fine becomes
  156  shall become due without a hearing.
  157         (c) The division may enter its judgment for the amount of
  158  the administrative penalty imposed in a court of competent
  159  jurisdiction, pursuant to s. 120.69. The judgment may be
  160  enforced as any other judgment.
  161         (d) The division may apply to a court of competent
  162  jurisdiction for injunctive relief against any person or
  163  business organization that explores for, salvages, or excavates
  164  treasure trove, artifacts, sunken or abandoned ships, or other
  165  objects having historical or archaeological value located upon
  166  on state-owned or state-controlled land owned or controlled by
  167  the state, including state sovereignty submerged land, or land
  168  owned by a political subdivision as defined by s. 1.01(8)
  169  without the written permission of the division.
  170         (e) The division shall adopt rules pursuant to ss.
  171  120.536(1) and 120.54 to administer implement the provisions of
  172  this section.
  173         (5) This section does not apply to activities conducted
  174  pursuant to a permit or other form of consent granted by a
  175  jurisdiction that is qualified as a certified local government
  176  pursuant to the Historic Preservation Act of 1966, as amended,
  177  16 U.S.C. s. 470, and that has an archaeological ordinance.
  178         Section 3. This act shall take effect July 1, 2012.