Bill Text: FL S0868 | 2012 | Regular Session | Comm Sub

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

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Bill Title: Archaeological Sites and Specimens

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2012-03-09 - Died in Budget [S0868 Detail]

Download: Florida-2012-S0868-Comm_Sub.html

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       Florida Senate - 2012                              CS for SB 868
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Hays
       
       
       
       585-03094-12                                           2012868c1
    1                        A bill to be entitled                      
    2         An act relating to archeological sites and specimens;
    3         amending s. 267.12, F.S.; authorizing the Division of
    4         Historical Resources of the Department of State to
    5         issue permits for excavation, surface reconnaissance,
    6         and archaeological activities on land owned by a
    7         political subdivision; amending s. 267.13, F.S.;
    8         providing that specified activities relating to
    9         archaeological sites and specimens located upon land
   10         owned by a political subdivision are prohibited and
   11         subject to penalties; authorizing the division to
   12         impose an administrative fine on and seek injunctive
   13         relief against certain entities; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (1) and (2) of section 267.12,
   19  Florida Statutes, are amended to read:
   20         267.12 Research permits; procedure.—
   21         (1) The division may issue permits for excavation and
   22  surface reconnaissance on land owned or controlled by the state,
   23  including state sovereignty submerged land, land owned by a
   24  political subdivision as defined by s. 1.01(8), lands or land
   25  lands within the boundaries of a designated state archaeological
   26  landmark landmarks or landmark zone zones to institutions which
   27  the division deems shall deem to be properly qualified to
   28  conduct such activity, subject to such rules and regulations as
   29  the division may prescribe, provided such activity is undertaken
   30  by reputable museums, universities, colleges, or other
   31  historical, scientific, or educational institutions or societies
   32  that possess or will secure the archaeological expertise for the
   33  performance of systematic archaeological field research,
   34  comprehensive analysis, and interpretation in the form of
   35  publishable reports and monographs, such reports to be submitted
   36  to the division.
   37         (2) Those state institutions considered by the division
   38  permanently to possess the required archaeological expertise to
   39  conduct the archaeological activities allowed under the
   40  provisions of the permit may be designated as accredited
   41  institutions which will be allowed to conduct archaeological
   42  field activities on land owned or controlled by the state,
   43  including state sovereignty submerged land, land owned by a
   44  political subdivision as defined by s. 1.01(8), state-owned or
   45  controlled lands or land within the boundaries of a any
   46  designated state archaeological landmark or any landmark zone
   47  without obtaining an individual permit for each project, except
   48  that those accredited institutions will be required to give
   49  prior written notice of all anticipated archaeological field
   50  activities on land owned or controlled by the state, including
   51  state sovereignty submerged land, land owned by a political
   52  subdivision as defined by s. 1.01(8), state-owned or controlled
   53  lands or land within the boundaries of a any designated state
   54  archaeological landmark or landmark zone to the division,
   55  together with such information as may reasonably be required by
   56  the division to ensure the proper preservation, protection, and
   57  excavation of the archaeological resources. However, no
   58  archaeological activity may not be commenced by the accredited
   59  institution until the division has determined that the planned
   60  project will be in conformity with the guidelines, regulations,
   61  and criteria adopted pursuant to ss. 267.11-267.14. Such
   62  determination will be made by the division and notification to
   63  the institution given within a period of 15 days after from the
   64  time of receipt of the prior notification by the division.
   65         Section 2. Subsections (1) and (2) of section 267.13,
   66  Florida Statutes, are amended to read:
   67         267.13 Prohibited practices; penalties.—
   68         (1)(a) Any person who by means other than excavation either
   69  conducts archaeological field investigations on, or removes or
   70  attempts to remove, or defaces, destroys, or otherwise alters
   71  any archaeological site or specimen located upon, any land owned
   72  or controlled by the state, including state sovereignty
   73  submerged land, land owned by a political subdivision as defined
   74  by s. 1.01(8), or land within the boundaries of a designated
   75  state archaeological landmark or landmark zone, except in the
   76  course of activities pursued under the authority of a permit or
   77  under procedures relating to accredited institutions granted by
   78  the division, commits a misdemeanor of the first degree,
   79  punishable as provided in s. 775.082 or s. 775.083, and, in
   80  addition, shall forfeit to the state all specimens, objects, and
   81  materials collected, together with all photographs and records
   82  relating to such material.
   83         (b) Any person who by means of excavation either conducts
   84  archaeological field investigations on, or removes or attempts
   85  to remove, or defaces, destroys, or otherwise alters any
   86  archaeological site or specimen located upon, any land owned or
   87  controlled by the state, including state sovereignty submerged
   88  land, land owned by a political subdivision as defined by s.
   89  1.01(8), or land within the boundaries of a designated state
   90  archaeological landmark or landmark zone, except in the course
   91  of activities pursued under the authority of a permit or under
   92  procedures relating to accredited institutions granted by the
   93  division, commits a felony of the third degree, punishable as
   94  provided in s. 775.082, s. 775.083, or s. 775.084, and any
   95  vehicle or equipment of any person used in connection with the
   96  violation is subject to forfeiture to the state if it is
   97  determined by any court of law that the vehicle or equipment was
   98  involved in the violation. Such person shall forfeit to the
   99  state all specimens, objects, and materials collected or
  100  excavated, together with all photographs and records relating to
  101  such material. The court may also order the defendant to make
  102  restitution to the state for the archaeological or commercial
  103  value and cost of restoration and repair as defined in
  104  subsection (4).
  105         (c) Any person who offers for sale or exchange any object
  106  with knowledge that it has previously been collected or
  107  excavated in violation of any of the terms of ss. 267.11-267.14,
  108  or who procures, counsels, solicits, or employs any other person
  109  to violate any prohibition contained in ss. 267.11-267.14 or to
  110  sell, purchase, exchange, transport, receive, or offer to sell,
  111  purchase, or exchange any archaeological resource excavated or
  112  removed from any land owned or controlled by the state,
  113  including state sovereignty submerged land, land owned by a
  114  political subdivision as defined by s. 1.01(8), or land within
  115  the boundaries of a designated state archaeological landmark or
  116  landmark zone, except with the express consent of the division,
  117  commits a felony of the third degree, punishable as provided in
  118  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  119  equipment of any person used in connection with the violation is
  120  subject to forfeiture to the state if it is determined by any
  121  court of law that such vehicle or equipment was involved in the
  122  violation. All specimens, objects, and material collected or
  123  excavated, together with all photographs and records relating to
  124  such material, shall be forfeited to the state. The court may
  125  also order the defendant to make restitution to the state for
  126  the archaeological or commercial value and cost of restoration
  127  and repair as defined in subsection (4).
  128         (2)(a) The division may institute an administrative
  129  proceeding to impose an administrative fine of not more than
  130  $500 a day on any person or business organization that, without
  131  written permission of the division, explores for, salvages, or
  132  excavates treasure trove, artifacts, sunken or abandoned ships,
  133  or other objects having historical or archaeological value
  134  located upon land owned or controlled by the state on state
  135  owned or state-controlled lands, including state sovereignty
  136  submerged land, or land owned by a political subdivision as
  137  defined by s. 1.01(8) lands.
  138         (b) The division shall institute an administrative
  139  proceeding by serving written notice of a violation by certified
  140  mail upon the alleged violator. The notice shall specify the law
  141  or rule allegedly violated and the facts upon which the
  142  allegation is based. The notice shall also specify the amount of
  143  the administrative fine sought by the division. The fine is
  144  shall not become due until after service of notice and an
  145  administrative hearing. However, the alleged violator has shall
  146  have 20 days after from service of notice to request an
  147  administrative hearing. Failure to respond within that time
  148  constitutes shall constitute a waiver, and the fine becomes
  149  shall become due without a hearing.
  150         (c) The division may enter its judgment for the amount of
  151  the administrative penalty imposed in a court of competent
  152  jurisdiction, pursuant to s. 120.69. The judgment may be
  153  enforced as any other judgment.
  154         (d) The division may apply to a court of competent
  155  jurisdiction for injunctive relief against any person or
  156  business organization that explores for, salvages, or excavates
  157  treasure trove, artifacts, sunken or abandoned ships, or other
  158  objects having historical or archaeological value located upon
  159  on state-owned or state-controlled land owned or controlled by
  160  the state, including state sovereignty submerged land, or land
  161  owned by a political subdivision as defined by s. 1.01(8)
  162  without the written permission of the division.
  163         (e) The division shall adopt rules pursuant to ss.
  164  120.536(1) and 120.54 to administer implement the provisions of
  165  this section.
  166         Section 3. This act shall take effect July 1, 2012.