Bill Text: FL H0591 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Archeological Sites and Specimens

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [H0591 Detail]

Download: Florida-2012-H0591-Introduced.html

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HB 591

1	A bill to be entitled
2	An act relating to archeological sites and specimens;
3	amending s. 267.13, F.S.; providing that specified
4	activities relating to archaeological sites and
5	specimens located upon land owned or controlled by a
6	political subdivision or a special district created by
7	the Legislature are prohibited and subject to
8	penalties; authorizing the Division of Historical
9	Resources of the Department of State to impose an
10	administrative fine on and seek injunctive relief
11	against certain entities; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (1) and (2) of section 267.13,
16	Florida Statutes, are amended to read:
17	267.13  Prohibited practices; penalties.-
18	(1)(a)  Any person who by means other than excavation
19	either conducts archaeological field investigations on, or
20	removes or attempts to remove, or defaces, destroys, or
21	otherwise alters any archaeological site or specimen located
22	upon, any land, including state sovereignty submerged land,
23	owned or controlled by the state, a political subdivision, or a
24	special district created by the Legislature, or within the
25	boundaries of a designated state archaeological landmark or
26	landmark zone, except in the course of activities pursued under
27	the authority of a permit or under procedures relating to
28	accredited institutions granted by the division, commits a
29	misdemeanor of the first degree, punishable as provided in s.
30	775.082 or s. 775.083, and, in addition, shall forfeit to the
31	state all specimens, objects, and materials collected, together
32	with all photographs and records relating to such material.
33	(b)  Any person who by means of excavation either conducts
34	archaeological field investigations on, or removes or attempts
35	to remove, or defaces, destroys, or otherwise alters any
36	archaeological site or specimen located upon, any land,
37	including state sovereignty submerged land, owned or controlled
38	by the state, a political subdivision, or a special district
39	created by the Legislature, or within the boundaries of a
40	designated state archaeological landmark or landmark zone,
41	except in the course of activities pursued under the authority
42	of a permit or under procedures relating to accredited
43	institutions granted by the division, commits a felony of the
44	third degree, punishable as provided in s. 775.082, s. 775.083,
45	or s. 775.084, and any vehicle or equipment of any person used
46	in connection with the violation is subject to forfeiture to the
47	state if it is determined by any court of law that the vehicle
48	or equipment was involved in the violation. Such person shall
49	forfeit to the state all specimens, objects, and materials
50	collected or excavated, together with all photographs and
51	records relating to such material. The court may also order the
52	defendant to make restitution to the state for the
53	archaeological or commercial value and cost of restoration and
54	repair as defined in subsection (4).
55	(c)  Any person who offers for sale or exchange any object
56	with knowledge that it has previously been collected or
57	excavated in violation of any of the terms of ss. 267.11-267.14,
58	or who procures, counsels, solicits, or employs any other person
59	to violate any prohibition contained in ss. 267.11-267.14 or to
60	sell, purchase, exchange, transport, receive, or offer to sell,
61	purchase, or exchange any archaeological resource excavated or
62	removed from any land, including state sovereignty submerged
63	land, owned or controlled by the state, a political subdivision,
64	or a special district created by the Legislature, or within the
65	boundaries of a designated state archaeological landmark or
66	landmark zone, except with the express consent of the division,
67	commits a felony of the third degree, punishable as provided in
68	s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
69	equipment of any person used in connection with the violation is
70	subject to forfeiture to the state if it is determined by any
71	court of law that such vehicle or equipment was involved in the
72	violation. All specimens, objects, and material collected or
73	excavated, together with all photographs and records relating to
74	such material, shall be forfeited to the state. The court may
75	also order the defendant to make restitution to the state for
76	the archaeological or commercial value and cost of restoration
77	and repair as defined in subsection (4).
78	(2)(a)  The division may institute an administrative
79	proceeding to impose an administrative fine of not more than
80	$500 a day on any person or business organization that, without
81	written permission of the division, explores for, salvages, or
82	excavates treasure trove, artifacts, sunken or abandoned ships,
83	or other objects having historical or archaeological value
84	located upon any land on state-owned or state-controlled lands,
85	including state sovereignty submerged land, owned or controlled
86	by the state, a political subdivision, or a special district
87	created by the Legislature lands.
88	(b)  The division shall institute an administrative
89	proceeding by serving written notice of a violation by certified
90	mail upon the alleged violator. The notice shall specify the law
91	or rule allegedly violated and the facts upon which the
92	allegation is based. The notice shall also specify the amount of
93	the administrative fine sought by the division. The fine is
94	shall not become due until after service of notice and an
95	administrative hearing. However, the alleged violator has shall
96	have 20 days after from service of notice to request an
97	administrative hearing. Failure to respond within that time
98	constitutes shall constitute a waiver, and the fine becomes
99	shall become due without a hearing.
100	(c)  The division may enter its judgment for the amount of
101	the administrative penalty imposed in a court of competent
102	jurisdiction, pursuant to s. 120.69. The judgment may be
103	enforced as any other judgment.
104	(d)  The division may apply to a court of competent
105	jurisdiction for injunctive relief against any person or
106	business organization that explores for, salvages, or excavates
107	treasure trove, artifacts, sunken or abandoned ships, or other
108	objects having historical or archaeological value located upon
109	any on state-owned or state-controlled land, including state
110	sovereignty submerged land, owned or controlled by the state, a
111	political subdivision, or a special district created by the
112	Legislature without the written permission of the division.
113	(e)  The division shall adopt rules pursuant to ss.
114	120.536(1) and 120.54 to administer implement the provisions of
115	this section.
116	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.