Florida Senate - 2012                                     SB 868
       
       
       
       By Senator Hays
       
       
       
       
       20-00420E-12                                           2012868__
    1                        A bill to be entitled                      
    2         An act relating to archaeological 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 either
   19  conducts archaeological field investigations on, or removes or
   20  attempts to remove, or defaces, destroys, or otherwise alters
   21  any archaeological site or specimen located upon, any land,
   22  including state sovereignty submerged land, owned or controlled
   23  by the state, a political subdivision, or a special district
   24  created by the Legislature, or within the boundaries of a
   25  designated state archaeological landmark or landmark zone,
   26  except in the course of activities pursued under the authority
   27  of a permit or under procedures relating to accredited
   28  institutions granted by the division, commits a misdemeanor of
   29  the first degree, punishable as provided in s. 775.082 or s.
   30  775.083, and, in addition, shall forfeit to the state all
   31  specimens, objects, and materials collected, together with all
   32  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.