Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1188
       
       
       
       
       
                                Barcode 490262                          
       
       576-03038-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to archaeological sites and specimens;
    3         amending s. 267.12, F.S.; providing a definition for
    4         “water authority”; authorizing the Division of
    5         Historical Resources of the Department of State to
    6         issue permits for excavation, surface reconnaissance,
    7         and archaeological activities on land owned by a water
    8         authority; amending s. 267.13, F.S.; providing that
    9         specified activities relating to archaeological sites
   10         and specimens located upon land owned by a water
   11         authority 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; amending s. 1004.56, F.S.; correcting a
   15         cross-reference; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 267.12, Florida Statutes, is amended to
   20  read:
   21         267.12 Research permits; procedure.—
   22         (1) As used in this section and s. 267.13, the term “water
   23  authority” means an independent special district created by
   24  special act whose purpose is to control and conserve freshwater
   25  resources. The term does not include any water management
   26  district created pursuant to s. 373.069.
   27         (2) The division may issue permits for excavation and
   28  surface reconnaissance on land owned or controlled by the state,
   29  land owned by a water authority, lands or land lands within the
   30  boundaries of a designated state archaeological landmark
   31  landmarks or landmark zone zones to institutions that which the
   32  division deems shall deem to be properly qualified to conduct
   33  such activity, subject to such rules and regulations as the
   34  division may prescribe, provided such activity is undertaken by
   35  reputable museums, universities, colleges, or other historical,
   36  scientific, or educational institutions or societies that
   37  possess or will secure the archaeological expertise for the
   38  performance of systematic archaeological field research,
   39  comprehensive analysis, and interpretation in the form of
   40  publishable reports and monographs, such reports to be submitted
   41  to the division.
   42         (3)(2) Those state institutions considered by the division
   43  permanently to possess the required archaeological expertise to
   44  conduct the archaeological activities allowed under the
   45  provisions of the permit may be designated as accredited
   46  institutions which will be allowed to conduct archaeological
   47  field activities on land owned or controlled by the state, land
   48  owned by a water authority, state-owned or controlled lands or
   49  land within the boundaries of a any designated state
   50  archaeological landmark or any landmark zone without obtaining
   51  an individual permit for each project, except that those
   52  accredited institutions will be required to give prior written
   53  notice of all anticipated archaeological field activities on
   54  land owned or controlled by the state, land owned by a water
   55  authority, state-owned or controlled lands or land within the
   56  boundaries of a any designated state archaeological landmark or
   57  landmark zone to the division, together with such information as
   58  may reasonably be required by the division to ensure the proper
   59  preservation, protection, and excavation of the archaeological
   60  resources. However, no archaeological activity may not be
   61  commenced by the accredited institution until the division has
   62  determined that the planned project will be in conformity with
   63  the guidelines, regulations, and criteria adopted pursuant to
   64  ss. 267.11-267.14. Such determination will be made by the
   65  division and notification to the institution given within a
   66  period of 15 days after from the time of receipt of the prior
   67  notification by the division.
   68         (4)(3) All specimens collected under a permit issued by the
   69  division or under the procedures adopted for accredited
   70  institutions shall belong to the state with the title thereto
   71  vested in the division for the purpose of administration and
   72  protection. The division may arrange for the disposition of the
   73  specimens so collected by accredited state institutions at those
   74  institutions and for the temporary or permanent loan of such
   75  specimens at permitholding institutions for the purpose of
   76  further scientific study, interpretative displays, and
   77  curatorial responsibilities.
   78         Section 2. Subsections (1) and (2) of section 267.13,
   79  Florida Statutes, are amended to read:
   80         267.13 Prohibited practices; penalties.—
   81         (1)(a) Any person who by means other than excavation either
   82  conducts archaeological field investigations on, or removes or
   83  attempts to remove, or defaces, destroys, or otherwise alters
   84  any archaeological site or specimen located upon, any land owned
   85  or controlled by the state, land owned by a water authority, or
   86  land within the boundaries of a designated state archaeological
   87  landmark or landmark zone, except in the course of activities
   88  pursued under the authority of a permit or under procedures
   89  relating to accredited institutions granted by the division,
   90  commits a misdemeanor of the first degree, punishable as
   91  provided in s. 775.082 or s. 775.083, and, in addition, shall
   92  forfeit to the state all specimens, objects, and materials
   93  collected, together with all photographs and records relating to
   94  such material.
   95         (b) Any person who by means of excavation either conducts
   96  archaeological field investigations on, or removes or attempts
   97  to remove, or defaces, destroys, or otherwise alters any
   98  archaeological site or specimen located upon, any land owned or
   99  controlled by the state, land owned by a water authority, or
  100  land within the boundaries of a designated state archaeological
  101  landmark or landmark zone, except in the course of activities
  102  pursued under the authority of a permit or under procedures
  103  relating to accredited institutions granted by the division,
  104  commits a felony of the third degree, punishable as provided in
  105  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  106  equipment of any person used in connection with the violation is
  107  subject to forfeiture to the state if it is determined by any
  108  court of law that the vehicle or equipment was involved in the
  109  violation. Such person shall forfeit to the state all specimens,
  110  objects, and materials collected or excavated, together with all
  111  photographs and records relating to such material. The court may
  112  also order the defendant to make restitution to the state for
  113  the archaeological or commercial value and cost of restoration
  114  and repair as defined in subsection (4).
  115         (c) Any person who offers for sale or exchange any object
  116  with knowledge that it has previously been collected or
  117  excavated in violation of any of the terms of ss. 267.11-267.14,
  118  or who procures, counsels, solicits, or employs any other person
  119  to violate any prohibition contained in ss. 267.11-267.14 or to
  120  sell, purchase, exchange, transport, receive, or offer to sell,
  121  purchase, or exchange any archaeological resource excavated or
  122  removed from any land owned or controlled by the state, land
  123  owned by a water authority, or land within the boundaries of a
  124  designated state archaeological landmark or landmark zone,
  125  except with the express consent of the division, commits a
  126  felony of the third degree, punishable as provided in s.
  127  775.082, s. 775.083, or s. 775.084, and any vehicle or equipment
  128  of any person used in connection with the violation is subject
  129  to forfeiture to the state if it is determined by any court of
  130  law that such vehicle or equipment was involved in the
  131  violation. All specimens, objects, and material collected or
  132  excavated, together with all photographs and records relating to
  133  such material, shall be forfeited to the state. The court may
  134  also order the defendant to make restitution to the state for
  135  the archaeological or commercial value and cost of restoration
  136  and repair as defined in subsection (4).
  137         (2)(a) The division may institute an administrative
  138  proceeding to impose an administrative fine of not more than
  139  $500 a day on any person or business organization that, without
  140  written permission of the division, explores for, salvages, or
  141  excavates treasure trove, artifacts, sunken or abandoned ships,
  142  or other objects having historical or archaeological value
  143  located upon land owned or controlled by the state on state
  144  owned or state-controlled lands, including state sovereignty
  145  submerged land, or land owned by a water authority lands.
  146         (b) The division shall institute an administrative
  147  proceeding by serving written notice of a violation by certified
  148  mail upon the alleged violator. The notice shall specify the law
  149  or rule allegedly violated and the facts upon which the
  150  allegation is based. The notice shall also specify the amount of
  151  the administrative fine sought by the division. The fine is
  152  shall not become due until after service of notice and an
  153  administrative hearing. However, the alleged violator has shall
  154  have 20 days after from service of notice to request an
  155  administrative hearing. Failure to respond within that time
  156  constitutes shall constitute a waiver, and the fine becomes
  157  shall become due without a hearing.
  158         (c) The division may enter its judgment for the amount of
  159  the administrative penalty imposed in a court of competent
  160  jurisdiction, pursuant to s. 120.69. The judgment may be
  161  enforced as any other judgment.
  162         (d) The division may apply to a court of competent
  163  jurisdiction for injunctive relief against any person or
  164  business organization that explores for, salvages, or excavates
  165  treasure trove, artifacts, sunken or abandoned ships, or other
  166  objects having historical or archaeological value located upon
  167  on state-owned or state-controlled land owned or controlled by
  168  the state, including state sovereignty submerged land, or land
  169  owned by a water authority without the written permission of the
  170  division.
  171         (e) The division shall adopt rules pursuant to ss.
  172  120.536(1) and 120.54 to administer implement the provisions of
  173  this section.
  174         Section 3. Subsection (1) of section 1004.56, Florida
  175  Statutes, is amended to read:
  176         1004.56 Florida Museum of Natural History; functions.—
  177         (1) The functions of the Florida Museum of Natural History,
  178  located at the University of Florida, are to make scientific
  179  investigations toward the sustained development of natural
  180  resources and a greater appreciation of human cultural heritage,
  181  including, but not limited to, biological surveys, ecological
  182  studies, environmental impact assessments, in-depth
  183  archaeological research, and ethnological analyses, and to
  184  collect and maintain a depository of biological, archaeological,
  185  and ethnographic specimens and materials in sufficient numbers
  186  and quantities to provide within the state and region a base for
  187  research on the variety, evolution, and conservation of wild
  188  species; the composition, distribution, importance, and
  189  functioning of natural ecosystems; and the distribution of
  190  prehistoric and historic archaeological sites and an
  191  understanding of the aboriginal and early European cultures that
  192  occupied them. State institutions, departments, and agencies may
  193  deposit type collections from archaeological sites in the
  194  museum, and it shall be the duty of each state institution,
  195  department, and agency to cooperate by depositing in the museum
  196  voucher and type biological specimens collected as part of the
  197  normal research and monitoring duties of its staff and to
  198  transfer to the museum those biological specimens and
  199  collections in its possession but not actively being curated or
  200  used in the research or teaching of that institution,
  201  department, or agency. The Florida Museum of Natural History is
  202  empowered to accept, preserve, maintain, or dispose of these
  203  specimens and materials in a manner which makes each collection
  204  and its accompanying data available for research and use by the
  205  staff of the museum and by cooperating institutions,
  206  departments, agencies, and qualified independent researchers.
  207  The biological, archaeological, and ethnographic collections
  208  shall belong to the state with the title vested in the Florida
  209  Museum of Natural History, except as provided in s. 267.12(4)
  210  267.12(3). In collecting or otherwise acquiring these
  211  collections, the museum shall comply with pertinent state
  212  wildlife, archaeological, and agricultural laws and rules.
  213  However, all collecting, quarantine, and accreditation permits
  214  issued by other institutions, departments, and agencies shall be
  215  granted routinely for said museum research study or collecting
  216  effort on state lands or within state jurisdiction which does
  217  not pose a significant threat to the survival of endangered wild
  218  species, habitats, or ecosystems. In addition, the museum shall
  219  develop exhibitions and conduct programs which illustrate,
  220  interpret, and explain the natural history of the state and
  221  region and shall maintain a library of publications pertaining
  222  to the work as herein provided. The exhibitions, collections,
  223  and library of the museum shall be open, free to the public,
  224  under suitable rules to be promulgated by the director of the
  225  museum and approved by the University of Florida.
  226         Section 4. This act shall take effect July 1, 2013.