Florida Senate - 2013                             CS for SB 1188
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Hays
       
       
       
       585-02862-13                                          20131188c1
    1                        A bill to be entitled                      
    2         An act relating to archeological 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
   24  pursuant to s. 189.404 whose purpose is to control and conserve
   25  freshwater resources.
   26         (2) The division may issue permits for excavation and
   27  surface reconnaissance on land owned or controlled by the state,
   28  land owned by a water authority, lands or land lands within the
   29  boundaries of a designated state archaeological landmark
   30  landmarks or landmark zone zones to institutions that which the
   31  division deems shall deem to be properly qualified to conduct
   32  such activity, subject to such rules and regulations as the
   33  division may prescribe, provided such activity is undertaken by
   34  reputable museums, universities, colleges, or other historical,
   35  scientific, or educational institutions or societies that
   36  possess or will secure the archaeological expertise for the
   37  performance of systematic archaeological field research,
   38  comprehensive analysis, and interpretation in the form of
   39  publishable reports and monographs, such reports to be submitted
   40  to the division.
   41         (3)(2) Those state institutions considered by the division
   42  permanently to possess the required archaeological expertise to
   43  conduct the archaeological activities allowed under the
   44  provisions of the permit may be designated as accredited
   45  institutions which will be allowed to conduct archaeological
   46  field activities on land owned or controlled by the state, land
   47  owned by a water authority, state-owned or controlled lands or
   48  land within the boundaries of a any designated state
   49  archaeological landmark or any landmark zone without obtaining
   50  an individual permit for each project, except that those
   51  accredited institutions will be required to give prior written
   52  notice of all anticipated archaeological field activities on
   53  land owned or controlled by the state, land owned by a water
   54  authority, state-owned or controlled lands or land within the
   55  boundaries of a any designated state archaeological landmark or
   56  landmark zone to the division, together with such information as
   57  may reasonably be required by the division to ensure the proper
   58  preservation, protection, and excavation of the archaeological
   59  resources. However, no archaeological activity may not be
   60  commenced by the accredited institution until the division has
   61  determined that the planned project will be in conformity with
   62  the guidelines, regulations, and criteria adopted pursuant to
   63  ss. 267.11-267.14. Such determination will be made by the
   64  division and notification to the institution given within a
   65  period of 15 days after from the time of receipt of the prior
   66  notification by the division.
   67         (4)(3) All specimens collected under a permit issued by the
   68  division or under the procedures adopted for accredited
   69  institutions shall belong to the state with the title thereto
   70  vested in the division for the purpose of administration and
   71  protection. The division may arrange for the disposition of the
   72  specimens so collected by accredited state institutions at those
   73  institutions and for the temporary or permanent loan of such
   74  specimens at permitholding institutions for the purpose of
   75  further scientific study, interpretative displays, and
   76  curatorial responsibilities.
   77         Section 2. Subsections (1) and (2) of section 267.13,
   78  Florida Statutes, are amended to read:
   79         267.13 Prohibited practices; penalties.—
   80         (1)(a) Any person who by means other than excavation either
   81  conducts archaeological field investigations on, or removes or
   82  attempts to remove, or defaces, destroys, or otherwise alters
   83  any archaeological site or specimen located upon, any land owned
   84  or controlled by the state, land owned by a water authority, or
   85  land within the boundaries of a designated state archaeological
   86  landmark or landmark zone, except in the course of activities
   87  pursued under the authority of a permit or under procedures
   88  relating to accredited institutions granted by the division,
   89  commits a misdemeanor of the first degree, punishable as
   90  provided in s. 775.082 or s. 775.083, and, in addition, shall
   91  forfeit to the state all specimens, objects, and materials
   92  collected, together with all photographs and records relating to
   93  such material.
   94         (b) Any person who by means of excavation either conducts
   95  archaeological field investigations on, or removes or attempts
   96  to remove, or defaces, destroys, or otherwise alters any
   97  archaeological site or specimen located upon, any land owned or
   98  controlled by the state, land owned by a water authority, or
   99  land within the boundaries of a designated state archaeological
  100  landmark or landmark zone, except in the course of activities
  101  pursued under the authority of a permit or under procedures
  102  relating to accredited institutions granted by the division,
  103  commits a felony of the third degree, punishable as provided in
  104  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  105  equipment of any person used in connection with the violation is
  106  subject to forfeiture to the state if it is determined by any
  107  court of law that the vehicle or equipment was involved in the
  108  violation. Such person shall forfeit to the state all specimens,
  109  objects, and materials collected or excavated, together with all
  110  photographs and records relating to such material. The court may
  111  also order the defendant to make restitution to the state for
  112  the archaeological or commercial value and cost of restoration
  113  and repair as defined in subsection (4).
  114         (c) Any person who offers for sale or exchange any object
  115  with knowledge that it has previously been collected or
  116  excavated in violation of any of the terms of ss. 267.11-267.14,
  117  or who procures, counsels, solicits, or employs any other person
  118  to violate any prohibition contained in ss. 267.11-267.14 or to
  119  sell, purchase, exchange, transport, receive, or offer to sell,
  120  purchase, or exchange any archaeological resource excavated or
  121  removed from any land owned or controlled by the state, land
  122  owned by a water authority, or land within the boundaries of a
  123  designated state archaeological landmark or landmark zone,
  124  except with the express consent of the division, commits a
  125  felony of the third degree, punishable as provided in s.
  126  775.082, s. 775.083, or s. 775.084, and any vehicle or equipment
  127  of any person used in connection with the violation is subject
  128  to forfeiture to the state if it is determined by any court of
  129  law that such vehicle or equipment was involved in the
  130  violation. All specimens, objects, and material collected or
  131  excavated, together with all photographs and records relating to
  132  such material, shall be forfeited to the state. The court may
  133  also order the defendant to make restitution to the state for
  134  the archaeological or commercial value and cost of restoration
  135  and repair as defined in subsection (4).
  136         (2)(a) The division may institute an administrative
  137  proceeding to impose an administrative fine of not more than
  138  $500 a day on any person or business organization that, without
  139  written permission of the division, explores for, salvages, or
  140  excavates treasure trove, artifacts, sunken or abandoned ships,
  141  or other objects having historical or archaeological value
  142  located upon land owned or controlled by the state on state
  143  owned or state-controlled lands, including state sovereignty
  144  submerged land, or land owned by a water authority 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 water authority without the written permission of the
  169  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         Section 3. Subsection (1) of section 1004.56, Florida
  174  Statutes, is amended to read:
  175         1004.56 Florida Museum of Natural History; functions.—
  176         (1) The functions of the Florida Museum of Natural History,
  177  located at the University of Florida, are to make scientific
  178  investigations toward the sustained development of natural
  179  resources and a greater appreciation of human cultural heritage,
  180  including, but not limited to, biological surveys, ecological
  181  studies, environmental impact assessments, in-depth
  182  archaeological research, and ethnological analyses, and to
  183  collect and maintain a depository of biological, archaeological,
  184  and ethnographic specimens and materials in sufficient numbers
  185  and quantities to provide within the state and region a base for
  186  research on the variety, evolution, and conservation of wild
  187  species; the composition, distribution, importance, and
  188  functioning of natural ecosystems; and the distribution of
  189  prehistoric and historic archaeological sites and an
  190  understanding of the aboriginal and early European cultures that
  191  occupied them. State institutions, departments, and agencies may
  192  deposit type collections from archaeological sites in the
  193  museum, and it shall be the duty of each state institution,
  194  department, and agency to cooperate by depositing in the museum
  195  voucher and type biological specimens collected as part of the
  196  normal research and monitoring duties of its staff and to
  197  transfer to the museum those biological specimens and
  198  collections in its possession but not actively being curated or
  199  used in the research or teaching of that institution,
  200  department, or agency. The Florida Museum of Natural History is
  201  empowered to accept, preserve, maintain, or dispose of these
  202  specimens and materials in a manner which makes each collection
  203  and its accompanying data available for research and use by the
  204  staff of the museum and by cooperating institutions,
  205  departments, agencies, and qualified independent researchers.
  206  The biological, archaeological, and ethnographic collections
  207  shall belong to the state with the title vested in the Florida
  208  Museum of Natural History, except as provided in s. 267.12(4)
  209  267.12(3). In collecting or otherwise acquiring these
  210  collections, the museum shall comply with pertinent state
  211  wildlife, archaeological, and agricultural laws and rules.
  212  However, all collecting, quarantine, and accreditation permits
  213  issued by other institutions, departments, and agencies shall be
  214  granted routinely for said museum research study or collecting
  215  effort on state lands or within state jurisdiction which does
  216  not pose a significant threat to the survival of endangered wild
  217  species, habitats, or ecosystems. In addition, the museum shall
  218  develop exhibitions and conduct programs which illustrate,
  219  interpret, and explain the natural history of the state and
  220  region and shall maintain a library of publications pertaining
  221  to the work as herein provided. The exhibitions, collections,
  222  and library of the museum shall be open, free to the public,
  223  under suitable rules to be promulgated by the director of the
  224  museum and approved by the University of Florida.
  225         Section 4. This act shall take effect July 1, 2013.