Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 868
       
       
       
       
       
       
                                Barcode 884248                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2012           .                                
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       The Committee on Governmental Oversight and Accountability
       (Benacquisto) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (2) of section 267.12,
    6  Florida Statutes, are amended to read:
    7         267.12 Research permits; procedure.—
    8         (1) The division may issue permits for excavation and
    9  surface reconnaissance on land owned or controlled by the state,
   10  including state sovereignty submerged land, land owned by a
   11  political subdivision as defined by s. 1.01(8), lands or land
   12  lands within the boundaries of a designated state archaeological
   13  landmark landmarks or landmark zone zones to institutions which
   14  the division deems shall deem to be properly qualified to
   15  conduct such activity, subject to such rules and regulations as
   16  the division may prescribe, provided such activity is undertaken
   17  by reputable museums, universities, colleges, or other
   18  historical, scientific, or educational institutions or societies
   19  that possess or will secure the archaeological expertise for the
   20  performance of systematic archaeological field research,
   21  comprehensive analysis, and interpretation in the form of
   22  publishable reports and monographs, such reports to be submitted
   23  to the division.
   24         (2) Those state institutions considered by the division
   25  permanently to possess the required archaeological expertise to
   26  conduct the archaeological activities allowed under the
   27  provisions of the permit may be designated as accredited
   28  institutions which will be allowed to conduct archaeological
   29  field activities on land owned or controlled by the state,
   30  including state sovereignty submerged land, land owned by a
   31  political subdivision as defined by s. 1.01(8), state-owned or
   32  controlled lands or land within the boundaries of a any
   33  designated state archaeological landmark or any landmark zone
   34  without obtaining an individual permit for each project, except
   35  that those accredited institutions will be required to give
   36  prior written notice of all anticipated archaeological field
   37  activities on land owned or controlled by the state, including
   38  state sovereignty submerged land, land owned by a political
   39  subdivision as defined by s. 1.01(8), state-owned or controlled
   40  lands or land within the boundaries of a any designated state
   41  archaeological landmark or landmark zone to the division,
   42  together with such information as may reasonably be required by
   43  the division to ensure the proper preservation, protection, and
   44  excavation of the archaeological resources. However, no
   45  archaeological activity may not be commenced by the accredited
   46  institution until the division has determined that the planned
   47  project will be in conformity with the guidelines, regulations,
   48  and criteria adopted pursuant to ss. 267.11-267.14. Such
   49  determination will be made by the division and notification to
   50  the institution given within a period of 15 days after from the
   51  time of receipt of the prior notification by the division.
   52         Section 2. Subsections (1) and (2) of section 267.13,
   53  Florida Statutes, are amended to read:
   54         267.13 Prohibited practices; penalties.—
   55         (1)(a) Any person who by means other than excavation either
   56  conducts archaeological field investigations on, or removes or
   57  attempts to remove, or defaces, destroys, or otherwise alters
   58  any archaeological site or specimen located upon, any land owned
   59  or controlled by the state, including state sovereignty
   60  submerged land, land owned by a political subdivision as defined
   61  by s. 1.01(8), or land within the boundaries of a designated
   62  state archaeological landmark or landmark zone, except in the
   63  course of activities pursued under the authority of a permit or
   64  under procedures relating to accredited institutions granted by
   65  the division, commits a misdemeanor of the first degree,
   66  punishable as provided in s. 775.082 or s. 775.083, and, in
   67  addition, shall forfeit to the state all specimens, objects, and
   68  materials collected, together with all photographs and records
   69  relating to such material.
   70         (b) Any person who by means of excavation either conducts
   71  archaeological field investigations on, or removes or attempts
   72  to remove, or defaces, destroys, or otherwise alters any
   73  archaeological site or specimen located upon, any land owned or
   74  controlled by the state, including state sovereignty submerged
   75  land, land owned by a political subdivision as defined by s.
   76  1.01(8), or land within the boundaries of a designated state
   77  archaeological landmark or landmark zone, except in the course
   78  of activities pursued under the authority of a permit or under
   79  procedures relating to accredited institutions granted by the
   80  division, commits a felony of the third degree, punishable as
   81  provided in s. 775.082, s. 775.083, or s. 775.084, and any
   82  vehicle or equipment of any person used in connection with the
   83  violation is subject to forfeiture to the state if it is
   84  determined by any court of law that the vehicle or equipment was
   85  involved in the violation. Such person shall forfeit to the
   86  state all specimens, objects, and materials collected or
   87  excavated, together with all photographs and records relating to
   88  such material. The court may also order the defendant to make
   89  restitution to the state for the archaeological or commercial
   90  value and cost of restoration and repair as defined in
   91  subsection (4).
   92         (c) Any person who offers for sale or exchange any object
   93  with knowledge that it has previously been collected or
   94  excavated in violation of any of the terms of ss. 267.11-267.14,
   95  or who procures, counsels, solicits, or employs any other person
   96  to violate any prohibition contained in ss. 267.11-267.14 or to
   97  sell, purchase, exchange, transport, receive, or offer to sell,
   98  purchase, or exchange any archaeological resource excavated or
   99  removed from any land owned or controlled by the state,
  100  including state sovereignty submerged land, land owned by a
  101  political subdivision as defined by s. 1.01(8), or land within
  102  the boundaries of a designated state archaeological landmark or
  103  landmark zone, except with the express consent of the division,
  104  commits a felony of the third degree, punishable as provided in
  105  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  106  equipment of any person used in connection with the violation is
  107  subject to forfeiture to the state if it is determined by any
  108  court of law that such vehicle or equipment was involved in the
  109  violation. All specimens, objects, and material collected or
  110  excavated, together with all photographs and records relating to
  111  such material, shall be forfeited to the state. The court may
  112  also order the defendant to make restitution to the state for
  113  the archaeological or commercial value and cost of restoration
  114  and repair as defined in subsection (4).
  115         (2)(a) The division may institute an administrative
  116  proceeding to impose an administrative fine of not more than
  117  $500 a day on any person or business organization that, without
  118  written permission of the division, explores for, salvages, or
  119  excavates treasure trove, artifacts, sunken or abandoned ships,
  120  or other objects having historical or archaeological value
  121  located upon land owned or controlled by the state on state
  122  owned or state-controlled lands, including state sovereignty
  123  submerged land, or land owned by a political subdivision as
  124  defined by s. 1.01(8) lands.
  125         (b) The division shall institute an administrative
  126  proceeding by serving written notice of a violation by certified
  127  mail upon the alleged violator. The notice shall specify the law
  128  or rule allegedly violated and the facts upon which the
  129  allegation is based. The notice shall also specify the amount of
  130  the administrative fine sought by the division. The fine is
  131  shall not become due until after service of notice and an
  132  administrative hearing. However, the alleged violator has shall
  133  have 20 days after from service of notice to request an
  134  administrative hearing. Failure to respond within that time
  135  constitutes shall constitute a waiver, and the fine becomes
  136  shall become due without a hearing.
  137         (c) The division may enter its judgment for the amount of
  138  the administrative penalty imposed in a court of competent
  139  jurisdiction, pursuant to s. 120.69. The judgment may be
  140  enforced as any other judgment.
  141         (d) The division may apply to a court of competent
  142  jurisdiction for injunctive relief against any person or
  143  business organization that explores for, salvages, or excavates
  144  treasure trove, artifacts, sunken or abandoned ships, or other
  145  objects having historical or archaeological value located upon
  146  on state-owned or state-controlled land owned or controlled by
  147  the state, including state sovereignty submerged land, or land
  148  owned by a political subdivision as defined by s. 1.01(8)
  149  without the written permission of the division.
  150         (e) The division shall adopt rules pursuant to ss.
  151  120.536(1) and 120.54 to administer implement the provisions of
  152  this section.
  153         Section 3. This act shall take effect July 1, 2012.
  154  ================= T I T L E  A M E N D M E N T ================
  155         And the title is amended as follows:
  156         Delete everything before the enacting clause
  157  and insert:
  158                        A bill to be entitled                      
  159         An act relating to archeological sites and specimens;
  160         amending s. 267.12, F.S.; authorizing the Division of
  161         Historical Resources of the Department of State to
  162         issue permits for excavation, surface reconnaissance,
  163         and archaeological activities on land owned by a
  164         political subdivision; amending s. 267.13, F.S.;
  165         providing that specified activities relating to
  166         archaeological sites and specimens located upon land
  167         owned by a political subdivision are prohibited and
  168         subject to penalties; authorizing the division to
  169         impose an administrative fine on and seek injunctive
  170         relief against certain entities; providing an
  171         effective date.