Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 868
       
       
       
       
       
       
                                Barcode 142302                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Dean) 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, and subsection (4) is added to
    7  that section, to read:
    8         267.12 Research permits; procedure.—
    9         (1) The division may issue permits for excavation and
   10  surface reconnaissance on land owned or controlled by the state,
   11  including state sovereignty submerged land, land owned by a
   12  political subdivision as defined by s. 1.01(8), lands or land
   13  lands within the boundaries of a designated state archaeological
   14  landmark landmarks or landmark zone zones to institutions which
   15  the division deems shall deem to be properly qualified to
   16  conduct such activity, subject to such rules and regulations as
   17  the division may prescribe, provided such activity is undertaken
   18  by reputable museums, universities, colleges, or other
   19  historical, scientific, or educational institutions or societies
   20  that possess or will secure the archaeological expertise for the
   21  performance of systematic archaeological field research,
   22  comprehensive analysis, and interpretation in the form of
   23  publishable reports and monographs, such reports to be submitted
   24  to the division.
   25         (2) Those state institutions considered by the division
   26  permanently to possess the required archaeological expertise to
   27  conduct the archaeological activities allowed under the
   28  provisions of the permit may be designated as accredited
   29  institutions which will be allowed to conduct archaeological
   30  field activities on land owned or controlled by the state,
   31  including state sovereignty submerged land, land owned by a
   32  political subdivision as defined by s. 1.01(8), state-owned or
   33  controlled lands or land within the boundaries of a any
   34  designated state archaeological landmark or any landmark zone
   35  without obtaining an individual permit for each project, except
   36  that those accredited institutions will be required to give
   37  prior written notice of all anticipated archaeological field
   38  activities on land owned or controlled by the state, including
   39  state sovereignty submerged land, land owned by a political
   40  subdivision as defined by s. 1.01(8), state-owned or controlled
   41  lands or land within the boundaries of a any designated state
   42  archaeological landmark or landmark zone to the division,
   43  together with such information as may reasonably be required by
   44  the division to ensure the proper preservation, protection, and
   45  excavation of the archaeological resources. However, no
   46  archaeological activity may not be commenced by the accredited
   47  institution until the division has determined that the planned
   48  project will be in conformity with the guidelines, regulations,
   49  and criteria adopted pursuant to ss. 267.11-267.14. Such
   50  determination will be made by the division and notification to
   51  the institution given within a period of 15 days after from the
   52  time of receipt of the prior notification by the division.
   53         (4) This section does not apply to a jurisdiction that is
   54  qualified as a certified local government pursuant to the
   55  Historic Preservation Act of 1966, as amended, 16 U.S.C. s. 470,
   56  and that has an archaeological ordinance.
   57         Section 2. Subsections (1) and (2) of section 267.13,
   58  Florida Statutes, are amended, and subsection (5) is added to
   59  that section, to read:
   60         267.13 Prohibited practices; penalties.—
   61         (1)(a) Any person who by means other than excavation either
   62  conducts archaeological field investigations on, or removes or
   63  attempts to remove, or defaces, destroys, or otherwise alters
   64  any archaeological site or specimen located upon, any land owned
   65  or controlled by the state, including state sovereignty
   66  submerged land, land owned by a political subdivision as defined
   67  by s. 1.01(8), or land within the boundaries of a designated
   68  state archaeological landmark or landmark zone, except in the
   69  course of activities pursued under the authority of a permit or
   70  under procedures relating to accredited institutions granted by
   71  the division, commits a misdemeanor of the first degree,
   72  punishable as provided in s. 775.082 or s. 775.083, and, in
   73  addition, shall forfeit to the state all specimens, objects, and
   74  materials collected, together with all photographs and records
   75  relating to such material.
   76         (b) Any person who by means of excavation either conducts
   77  archaeological field investigations on, or removes or attempts
   78  to remove, or defaces, destroys, or otherwise alters any
   79  archaeological site or specimen located upon, any land owned or
   80  controlled by the state, including state sovereignty submerged
   81  land, land owned by a political subdivision as defined by s.
   82  1.01(8), or land within the boundaries of a designated state
   83  archaeological landmark or landmark zone, except in the course
   84  of activities pursued under the authority of a permit or under
   85  procedures relating to accredited institutions granted by the
   86  division, commits a felony of the third degree, punishable as
   87  provided in s. 775.082, s. 775.083, or s. 775.084, and any
   88  vehicle or equipment of any person used in connection with the
   89  violation is subject to forfeiture to the state if it is
   90  determined by any court of law that the vehicle or equipment was
   91  involved in the violation. Such person shall forfeit to the
   92  state all specimens, objects, and materials collected or
   93  excavated, together with all photographs and records relating to
   94  such material. The court may also order the defendant to make
   95  restitution to the state for the archaeological or commercial
   96  value and cost of restoration and repair as defined in
   97  subsection (4).
   98         (c) Any person who offers for sale or exchange any object
   99  with knowledge that it has previously been collected or
  100  excavated in violation of any of the terms of ss. 267.11-267.14,
  101  or who procures, counsels, solicits, or employs any other person
  102  to violate any prohibition contained in ss. 267.11-267.14 or to
  103  sell, purchase, exchange, transport, receive, or offer to sell,
  104  purchase, or exchange any archaeological resource excavated or
  105  removed from any land owned or controlled by the state,
  106  including state sovereignty submerged land, land owned by a
  107  political subdivision as defined by s. 1.01(8), or land within
  108  the boundaries of a designated state archaeological landmark or
  109  landmark zone, except with the express consent of the division,
  110  commits a felony of the third degree, punishable as provided in
  111  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
  112  equipment of any person used in connection with the violation is
  113  subject to forfeiture to the state if it is determined by any
  114  court of law that such vehicle or equipment was involved in the
  115  violation. All specimens, objects, and material collected or
  116  excavated, together with all photographs and records relating to
  117  such material, shall be forfeited to the state. The court may
  118  also order the defendant to make restitution to the state for
  119  the archaeological or commercial value and cost of restoration
  120  and repair as defined in subsection (4).
  121         (2)(a) The division may institute an administrative
  122  proceeding to impose an administrative fine of not more than
  123  $500 a day on any person or business organization that, without
  124  written permission of the division, explores for, salvages, or
  125  excavates treasure trove, artifacts, sunken or abandoned ships,
  126  or other objects having historical or archaeological value
  127  located upon land owned or controlled by the state on state
  128  owned or state-controlled lands, including state sovereignty
  129  submerged land, or land owned by a political subdivision as
  130  defined by s. 1.01(8) lands.
  131         (b) The division shall institute an administrative
  132  proceeding by serving written notice of a violation by certified
  133  mail upon the alleged violator. The notice shall specify the law
  134  or rule allegedly violated and the facts upon which the
  135  allegation is based. The notice shall also specify the amount of
  136  the administrative fine sought by the division. The fine is
  137  shall not become due until after service of notice and an
  138  administrative hearing. However, the alleged violator has shall
  139  have 20 days after from service of notice to request an
  140  administrative hearing. Failure to respond within that time
  141  constitutes shall constitute a waiver, and the fine becomes
  142  shall become due without a hearing.
  143         (c) The division may enter its judgment for the amount of
  144  the administrative penalty imposed in a court of competent
  145  jurisdiction, pursuant to s. 120.69. The judgment may be
  146  enforced as any other judgment.
  147         (d) The division may apply to a court of competent
  148  jurisdiction for injunctive relief against any person or
  149  business organization that explores for, salvages, or excavates
  150  treasure trove, artifacts, sunken or abandoned ships, or other
  151  objects having historical or archaeological value located upon
  152  on state-owned or state-controlled land owned or controlled by
  153  the state, including state sovereignty submerged land, or land
  154  owned by a political subdivision as defined by s. 1.01(8)
  155  without the written permission of the division.
  156         (e) The division shall adopt rules pursuant to ss.
  157  120.536(1) and 120.54 to administer implement the provisions of
  158  this section.
  159         (5) This section does not apply to activities conducted
  160  pursuant to a permit or other form of consent granted by a
  161  jurisdiction that is qualified as a certified local government
  162  pursuant to the Historic Preservation Act of 1966, as amended,
  163  16 U.S.C. s. 470, and that has an archaeological ordinance.
  164         Section 3. This act shall take effect July 1, 2012.
  165  
  166  ================= T I T L E  A M E N D M E N T ================
  167         And the title is amended as follows:
  168         Delete everything before the enacting clause
  169  and insert:
  170                        A bill to be entitled                      
  171         An act relating to archeological sites and specimens;
  172         amending s. 267.12, F.S.; authorizing the Division of
  173         Historical Resources of the Department of State to
  174         issue permits for excavation, surface reconnaissance,
  175         and archaeological activities on land owned by a
  176         political subdivision; providing applicability;
  177         amending s. 267.13, F.S.; providing that specified
  178         activities relating to archaeological sites and
  179         specimens located upon land owned by a political
  180         subdivision are prohibited and subject to penalties;
  181         authorizing the division to impose an administrative
  182         fine on and seek injunctive relief against certain
  183         entities; providing applicability; providing an
  184         effective date.