Florida Senate - 2016                                    SB 1054
       
       
        
       By Senator Dean
       
       
       
       
       
       5-01591-16                                            20161054__
    1                        A bill to be entitled                      
    2         An act relating to historic and archaeological
    3         artifacts; amending s. 267.115, F.S.; directing the
    4         Division of Historical Resources of the Department of
    5         State to implement a program to administer the
    6         discovery of certain historic and archaeological
    7         artifacts; providing program requirements; providing
    8         an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (9) of section 267.115, Florida
   13  Statutes, is amended to read:
   14         267.115 Objects of historical or archaeological value.—The
   15  division shall acquire, maintain, preserve, interpret, exhibit,
   16  and make available for study objects which have intrinsic
   17  historical or archaeological value relating to the history,
   18  government, or culture of the state. Such objects may include
   19  tangible personal property of historical or archaeological
   20  value. Objects acquired under this section belong to the state,
   21  and title to such objects is vested in the division.
   22         (9) The division shall may implement a program to
   23  administer the discovery finds of isolated historic or
   24  archaeological artifacts from sovereignty submerged lands. The
   25  program shall include, at a minimum:
   26         (a) An application for an annual permit and an application
   27  fee of $100.
   28         (b) A written agreement to report all discovered and
   29  removed artifacts to the division within 14 days after the
   30  discovery and removal, along with a map indicating the location
   31  of the discovery and photographs of the artifacts, and to allow
   32  the division to inspect, analyze, and photograph any such
   33  artifacts.
   34         (c) A requirement that tools may not be used for the
   35  excavation of any isolated artifacts, except that a trowel or
   36  hand-held implement may be used to extract exposed artifacts
   37  from a packed matrix in a river or lake bottom.
   38         (d) A map of clearly defined areas and sites that are
   39  excluded from excavation activities. The map must be provided to
   40  the applicant with the issuance of a permit.
   41         (e) Authorization to transfer ownership rights for
   42  discovered artifacts to the permitholder.
   43         (f) Penalties for violations of program requirements,
   44  including, but not limited to, an administrative fine of up to
   45  $1,000 and forfeiture of the permit and ownership rights for any
   46  artifacts discovered under the program state-owned river bottoms
   47  whereby the division may transfer ownership of such artifacts to
   48  the finder in exchange for information about the artifacts and
   49  the circumstances and location of their discovery.
   50         Section 2. This act shall take effect July 1, 2016.