Florida Senate - 2018 SB 1296
By Senator Steube
23-01422B-18 20181296__
1 A bill to be entitled
2 An act relating to the Division of Historical
3 Resources; amending s. 267.031, F.S.; removing
4 superfluous language regarding the division’s
5 responsibilities in issuing permits for survey,
6 excavation, exploration, and salvage activities on
7 state-owned lands or on state-owned sovereignty
8 submerged lands; amending s. 267.13, F.S.; revising
9 for minors the applicability of penalties relating to
10 prohibited practices regarding archaeological sites
11 and specimens; providing for construction; repealing
12 s. 267.0625, F.S., relating to the abrogation of
13 offensive and derogatory geographic place names;
14 repealing s. 267.115(9), F.S., relating to the
15 division’s authorization to implement a program for
16 administering finds of certain artifacts from state
17 owned river bottoms; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (n) of subsection (5) of section
22 267.031, Florida Statutes, is amended to read:
23 267.031 Division of Historical Resources; powers and
24 duties.—
25 (5) It is the responsibility of the division to:
26 (n) Protect and administer historical resources abandoned
27 on state-owned lands or on state-owned sovereignty submerged
28 lands. The division may issue permits for survey and exploration
29 activities to identify historical resources and may issue
30 permits for excavation and salvage activities to recover
31 historical resources. The division may issue permits for
32 archaeological excavation activities for scientific or
33 educational purposes on state-owned lands or on state-owned
34 sovereignty submerged lands. The division may also issue permits
35 for exploration and salvage of historic shipwreck sites by
36 commercial salvors on state-owned sovereignty submerged lands.
37 The division shall adopt rules to administer the issuance of
38 permits for all such activities. In addition, the division shall
39 adopt rules to administer the transfer of objects recovered by
40 commercial salvors under permit in exchange for recovery
41 services provided to the state.
42 Section 2. Paragraphs (a), (b), and (c) of subsection (1)
43 of section 267.13, Florida Statutes, are republished, and
44 paragraph (d) is added to that subsection, to read:
45 267.13 Prohibited practices; penalties.—
46 (1)(a) Any person who by means other than excavation
47 conducts archaeological field investigations on, or removes or
48 attempts to remove or defaces, destroys, or otherwise alters any
49 archaeological site or specimen located upon, land owned or
50 controlled by the state, land owned by a water authority, or
51 land within the boundaries of a designated state archaeological
52 landmark or landmark zone, except in the course of activities
53 pursued under the authority of a permit or under procedures
54 relating to accredited institutions granted by the division,
55 commits a misdemeanor of the first degree, punishable as
56 provided in s. 775.082 or s. 775.083, and, in addition, shall
57 forfeit to the state all specimens, objects, and materials
58 collected, together with all photographs and records relating to
59 such material.
60 (b) Any person who by means of excavation conducts
61 archaeological field investigations on, or removes or attempts
62 to remove or defaces, destroys, or otherwise alters any
63 archaeological site or specimen located upon, land owned or
64 controlled by the state, land owned by a water authority, or
65 land within the boundaries of a designated state archaeological
66 landmark or landmark zone, except in the course of activities
67 pursued under the authority of a permit or under procedures
68 relating to accredited institutions granted by the division,
69 commits a felony of the third degree, punishable as provided in
70 s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
71 equipment of any person used in connection with the violation is
72 subject to forfeiture to the state if it is determined by any
73 court of law that the vehicle or equipment was involved in the
74 violation. Such person shall forfeit to the state all specimens,
75 objects, and materials collected or excavated, together with all
76 photographs and records relating to such material. The court may
77 also order the defendant to make restitution to the state for
78 the archaeological or commercial value and cost of restoration
79 and repair as defined in subsection (4).
80 (c) Any person who offers for sale or exchange any object
81 with knowledge that it has previously been collected or
82 excavated in violation of any of the terms of ss. 267.11-267.14,
83 or who procures, counsels, solicits, or employs any other person
84 to violate any prohibition contained in ss. 267.11-267.14 or to
85 sell, purchase, exchange, transport, receive, or offer to sell,
86 purchase, or exchange any archaeological resource excavated or
87 removed from land owned or controlled by the state, land owned
88 by a water authority, or land within the boundaries of a
89 designated state archaeological landmark or landmark zone,
90 except with the express consent of the division, commits a
91 felony of the third degree, punishable as provided in s.
92 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment
93 of any person used in connection with the violation is subject
94 to forfeiture to the state if it is determined by any court of
95 law that such vehicle or equipment was involved in the
96 violation. All specimens, objects, and material collected or
97 excavated, together with all photographs and records relating to
98 such material, shall be forfeited to the state. The court may
99 also order the defendant to make restitution to the state for
100 the archaeological or commercial value and cost of restoration
101 and repair as defined in subsection (4).
102 (d) If a minor commits a violation of paragraph (a),
103 paragraph (b), or paragraph (c), he or she must be given a
104 written citation for a first or second violation. Third or
105 subsequent violations shall be punishable as otherwise provided
106 in paragraphs (a), (b), and (c). However, this paragraph may not
107 be construed as superseding the requirement that any individual
108 who violates paragraph (a), paragraph (b), or paragraph (c) must
109 forfeit to the state all specimens, objects, and material
110 unlawfully collected or excavated, together with all photographs
111 and records relating to such material.
112 Section 3. Section 267.0625, Florida Statutes, and
113 subsection (9) of section 267.115, Florida Statutes, are
114 repealed.
115 Section 4. This act shall take effect upon becoming a law.