Florida Senate - 2013                                    SB 1188
       
       
       
       By Senator Hays
       
       
       
       
       11-00536A-13                                          20131188__
    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 water
    7         authority; amending s. 267.13, F.S.; providing that
    8         specified activities relating to archaeological sites
    9         and specimens located upon land owned by a water
   10         authority are prohibited and subject to penalties;
   11         authorizing the division to impose an administrative
   12         fine on and seek injunctive relief against certain
   13         entities; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1) and (2) of section 267.12,
   18  Florida Statutes, are amended to read:
   19         267.12 Research permits; procedure.—
   20         (1) The division may issue permits for excavation and
   21  surface reconnaissance on land owned or controlled by the state,
   22  land owned by a water authority, lands or land lands within the
   23  boundaries of a designated state archaeological landmark
   24  landmarks or landmark zone zones to institutions that which the
   25  division deems shall deem to be properly qualified to conduct
   26  such activity, subject to such rules and regulations as the
   27  division may prescribe, provided such activity is undertaken by
   28  reputable museums, universities, colleges, or other historical,
   29  scientific, or educational institutions or societies that
   30  possess or will secure the archaeological expertise for the
   31  performance of systematic archaeological field research,
   32  comprehensive analysis, and interpretation in the form of
   33  publishable reports and monographs, such reports to be submitted
   34  to the division.
   35         (2) Those state institutions considered by the division
   36  permanently to possess the required archaeological expertise to
   37  conduct the archaeological activities allowed under the
   38  provisions of the permit may be designated as accredited
   39  institutions which will be allowed to conduct archaeological
   40  field activities on land owned or controlled by the state, land
   41  owned by a water authority, state-owned or controlled lands or
   42  land within the boundaries of a any designated state
   43  archaeological landmark or any landmark zone without obtaining
   44  an individual permit for each project, except that those
   45  accredited institutions will be required to give prior written
   46  notice of all anticipated archaeological field activities on
   47  land owned or controlled by the state, land owned by a water
   48  authority, state-owned or controlled lands or land within the
   49  boundaries of a any designated state archaeological landmark or
   50  landmark zone to the division, together with such information as
   51  may reasonably be required by the division to ensure the proper
   52  preservation, protection, and excavation of the archaeological
   53  resources. However, no archaeological activity may not be
   54  commenced by the accredited institution until the division has
   55  determined that the planned project will be in conformity with
   56  the guidelines, regulations, and criteria adopted pursuant to
   57  ss. 267.11-267.14. Such determination will be made by the
   58  division and notification to the institution given within a
   59  period of 15 days after from the time of receipt of the prior
   60  notification by the division.
   61         Section 2. Subsections (1) and (2) of section 267.13,
   62  Florida Statutes, are amended to read:
   63         267.13 Prohibited practices; penalties.—
   64         (1)(a) Any person who by means other than excavation either
   65  conducts archaeological field investigations on, or removes or
   66  attempts to remove, or defaces, destroys, or otherwise alters
   67  any archaeological site or specimen located upon, any land owned
   68  or controlled by the state, land owned by a water authority, or
   69  land within the boundaries of a designated state archaeological
   70  landmark or landmark zone, except in the course of activities
   71  pursued under the authority of a permit or under procedures
   72  relating to accredited institutions granted by the division,
   73  commits a misdemeanor of the first degree, punishable as
   74  provided in s. 775.082 or s. 775.083, and, in addition, shall
   75  forfeit to the state all specimens, objects, and materials
   76  collected, together with all photographs and records relating to
   77  such material.
   78         (b) Any person who by means of excavation either conducts
   79  archaeological field investigations on, or removes or attempts
   80  to remove, or defaces, destroys, or otherwise alters any
   81  archaeological site or specimen located upon, any land owned or
   82  controlled by the state, land owned by a water authority, or
   83  land within the boundaries of a designated state archaeological
   84  landmark or landmark zone, except in the course of activities
   85  pursued under the authority of a permit or under procedures
   86  relating to accredited institutions granted by the division,
   87  commits a felony of the third degree, punishable as provided in
   88  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
   89  equipment of any person used in connection with the violation is
   90  subject to forfeiture to the state if it is determined by any
   91  court of law that the vehicle or equipment was involved in the
   92  violation. Such person shall forfeit to the state all specimens,
   93  objects, and materials collected or excavated, together with all
   94  photographs and records relating to such material. The court may
   95  also order the defendant to make restitution to the state for
   96  the archaeological or commercial value and cost of restoration
   97  and repair as defined in subsection (4).
   98         (c) Any person who offers for sale or exchange any object
   99  with knowledge that it has previously been collected or
  100  excavated in violation of any of the terms of ss. 267.11-267.14,
  101  or who procures, counsels, solicits, or employs any other person
  102  to violate any prohibition contained in ss. 267.11-267.14 or to
  103  sell, purchase, exchange, transport, receive, or offer to sell,
  104  purchase, or exchange any archaeological resource excavated or
  105  removed from any land owned or controlled by the state, land
  106  owned by a water authority, or land within the boundaries of a
  107  designated state archaeological landmark or landmark zone,
  108  except with the express consent of the division, commits a
  109  felony of the third degree, punishable as provided in s.
  110  775.082, s. 775.083, or s. 775.084, and any vehicle or equipment
  111  of any person used in connection with the violation is subject
  112  to forfeiture to the state if it is determined by any court of
  113  law that such vehicle or equipment was involved in the
  114  violation. All specimens, objects, and material collected or
  115  excavated, together with all photographs and records relating to
  116  such material, shall be forfeited to the state. The court may
  117  also order the defendant to make restitution to the state for
  118  the archaeological or commercial value and cost of restoration
  119  and repair as defined in subsection (4).
  120         (2)(a) The division may institute an administrative
  121  proceeding to impose an administrative fine of not more than
  122  $500 a day on any person or business organization that, without
  123  written permission of the division, explores for, salvages, or
  124  excavates treasure trove, artifacts, sunken or abandoned ships,
  125  or other objects having historical or archaeological value
  126  located upon land owned or controlled by the state on state
  127  owned or state-controlled lands, including state sovereignty
  128  submerged land, or land owned by a water authority lands.
  129         (b) The division shall institute an administrative
  130  proceeding by serving written notice of a violation by certified
  131  mail upon the alleged violator. The notice shall specify the law
  132  or rule allegedly violated and the facts upon which the
  133  allegation is based. The notice shall also specify the amount of
  134  the administrative fine sought by the division. The fine is
  135  shall not become due until after service of notice and an
  136  administrative hearing. However, the alleged violator has shall
  137  have 20 days after from service of notice to request an
  138  administrative hearing. Failure to respond within that time
  139  constitutes shall constitute a waiver, and the fine becomes
  140  shall become due without a hearing.
  141         (c) The division may enter its judgment for the amount of
  142  the administrative penalty imposed in a court of competent
  143  jurisdiction, pursuant to s. 120.69. The judgment may be
  144  enforced as any other judgment.
  145         (d) The division may apply to a court of competent
  146  jurisdiction for injunctive relief against any person or
  147  business organization that explores for, salvages, or excavates
  148  treasure trove, artifacts, sunken or abandoned ships, or other
  149  objects having historical or archaeological value located upon
  150  on state-owned or state-controlled land owned or controlled by
  151  the state, including state sovereignty submerged land, or land
  152  owned by a water authority without the written permission of the
  153  division.
  154         (e) The division shall adopt rules pursuant to ss.
  155  120.536(1) and 120.54 to administer implement the provisions of
  156  this section.
  157         Section 3. This act shall take effect July 1, 2013.