Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1050
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/04/2016 08:47 AM       .                                

       Senator Stargel moved the following:
    1         Senate Amendment (with title amendment)
    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.
   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;