Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for CS for SB 1050 Ì283866RÎ283866 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/04/2016 08:47 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Stargel moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1296 and 1297 4 insert: 5 Section 49. Section 492.117, Florida Statutes, is created 6 to read: 7 492.117 Archeology.— 8 (1) The department shall implement a program to administer 9 the discovery of isolated archaeological artifacts from 10 sovereignty submerged lands. The program must, at a minimum: 11 (a) Require an annual permit to collect isolated 12 archaeological artifacts from sovereignty submerged lands and a 13 permit application fee of $500 to be deposited into the 14 Professional Regulation Trust Fund. 15 (b) Require a written agreement by the permitholder to 16 report all discovered and removed artifacts to the department 17 within 14 days after the discovery and removal and include a map 18 indicating the location of the discovery and photographs of the 19 artifacts; and allow the department to inspect, analyze, and 20 photograph any such artifacts. 21 (c) Prohibit a permitholder from using tools for the 22 excavation of any isolated artifacts. 23 (d) Provide a map of clearly defined areas and sites that 24 are excluded from excavation activities. The map must be 25 provided to the applicant when a permit is issued. 26 (e) Authorize the transfer of ownership rights for 27 discovered artifacts to the permitholder. 28 (f) Provide penalties for violations of program 29 requirements, including, but not limited to, an administrative 30 fine of up to $1,000 and forfeiture of the permit and ownership 31 rights for any artifacts discovered under the program. All fines 32 shall be deposited into the Professional Regulation Trust Fund, 33 with $500 of each fine collected distributed to the Division of 34 Historical Resources within the Department of State to carry 35 out, on behalf of the state, the programs of the National 36 Historic Preservation Act of 1966, as amended, and to establish, 37 maintain, and administer a state historic preservation program 38 meeting the requirements of an approved program and fulfilling 39 the responsibilities of state historic preservation programs as 40 provided in s. 101(b) of that act. 41 (2) The department shall adopt rules to administer this 42 section. At a minimum, the rules must include: 43 (a) Procedures for sending a notice of violation. 44 (b) Procedures for imposing an administrative fine. 45 (3) For purposes of this section, the term “sovereignty 46 submerged lands” means lands beneath navigable fresh water or 47 beneath tidally influenced waters to which the State of Florida 48 acquired title on March 3, 1845, by virtue of statehood, and 49 which have not been heretofore conveyed or alienated. The term 50 includes, but is not limited to, tidal lands, islands, sand 51 bars, shallow banks, and lands waterward of the ordinary or mean 52 high water line. 53 (4) A permit issued pursuant to this section does not 54 authorize excavation on properties listed on the National 55 Register of Historic Places as defined in s. 267.021(5) or on 56 lands located in state and federal parks, preserves, management 57 areas, or reserves where cultural resources are specifically 58 protected. 59 (5) This section does not preempt the provisions of s. 60 872.02, and a permitholder under this section who violates any 61 provision of s. 872.02 is subject to the penalties provided 62 therein. 63 64 ================= T I T L E A M E N D M E N T ================ 65 And the title is amended as follows: 66 Between lines 143 and 144 67 insert: 68 creating s. 492.117, F.S.; requiring the department to 69 implement a program to administer the discovery of 70 certain artifacts; requiring an annual permit to 71 collect certain artifacts from specified locations and 72 an application fee; requiring a written agreement to 73 report certain artifacts to the department within a 74 specified timeframe; requiring certain information be 75 included in the report; prohibiting the use of tools 76 in an excavation; requiring a certain map be provided 77 to permitholders; authorizing the transfer of 78 ownership rights of certain artifacts to the 79 permitholder; providing penalties; providing 80 rulemaking; defining the term “sovereignty submerged 81 lands”; providing that issuance of a permit does not 82 authorize excavation on certain properties; providing 83 construction;