Florida Senate - 2018                                    SB 1296
       
       
        
       By Senator Steube
       
       
       
       
       
       23-01422B-18                                          20181296__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Historical
    3         Resources; amending s. 267.031, F.S.; removing
    4         superfluous language regarding the division’s
    5         responsibilities in issuing permits for survey,
    6         excavation, exploration, and salvage activities on
    7         state-owned lands or on state-owned sovereignty
    8         submerged lands; amending s. 267.13, F.S.; revising
    9         for minors the applicability of penalties relating to
   10         prohibited practices regarding archaeological sites
   11         and specimens; providing for construction; repealing
   12         s. 267.0625, F.S., relating to the abrogation of
   13         offensive and derogatory geographic place names;
   14         repealing s. 267.115(9), F.S., relating to the
   15         division’s authorization to implement a program for
   16         administering finds of certain artifacts from state
   17         owned river bottoms; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (n) of subsection (5) of section
   22  267.031, Florida Statutes, is amended to read:
   23         267.031 Division of Historical Resources; powers and
   24  duties.—
   25         (5) It is the responsibility of the division to:
   26         (n) Protect and administer historical resources abandoned
   27  on state-owned lands or on state-owned sovereignty submerged
   28  lands. The division may issue permits for survey and exploration
   29  activities to identify historical resources and may issue
   30  permits for excavation and salvage activities to recover
   31  historical resources. The division may issue permits for
   32  archaeological excavation activities for scientific or
   33  educational purposes on state-owned lands or on state-owned
   34  sovereignty submerged lands. The division may also issue permits
   35  for exploration and salvage of historic shipwreck sites by
   36  commercial salvors on state-owned sovereignty submerged lands.
   37  The division shall adopt rules to administer the issuance of
   38  permits for all such activities. In addition, the division shall
   39  adopt rules to administer the transfer of objects recovered by
   40  commercial salvors under permit in exchange for recovery
   41  services provided to the state.
   42         Section 2. Paragraphs (a), (b), and (c) of subsection (1)
   43  of section 267.13, Florida Statutes, are republished, and
   44  paragraph (d) is added to that subsection, to read:
   45         267.13 Prohibited practices; penalties.—
   46         (1)(a) Any person who by means other than excavation
   47  conducts archaeological field investigations on, or removes or
   48  attempts to remove or defaces, destroys, or otherwise alters any
   49  archaeological site or specimen located upon, land owned or
   50  controlled by the state, land owned by a water authority, or
   51  land within the boundaries of a designated state archaeological
   52  landmark or landmark zone, except in the course of activities
   53  pursued under the authority of a permit or under procedures
   54  relating to accredited institutions granted by the division,
   55  commits a misdemeanor of the first degree, punishable as
   56  provided in s. 775.082 or s. 775.083, and, in addition, shall
   57  forfeit to the state all specimens, objects, and materials
   58  collected, together with all photographs and records relating to
   59  such material.
   60         (b) Any person who by means of excavation conducts
   61  archaeological field investigations on, or removes or attempts
   62  to remove or defaces, destroys, or otherwise alters any
   63  archaeological site or specimen located upon, land owned or
   64  controlled by the state, land owned by a water authority, or
   65  land within the boundaries of a designated state archaeological
   66  landmark or landmark zone, except in the course of activities
   67  pursued under the authority of a permit or under procedures
   68  relating to accredited institutions granted by the division,
   69  commits a felony of the third degree, punishable as provided in
   70  s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
   71  equipment of any person used in connection with the violation is
   72  subject to forfeiture to the state if it is determined by any
   73  court of law that the vehicle or equipment was involved in the
   74  violation. Such person shall forfeit to the state all specimens,
   75  objects, and materials collected or excavated, together with all
   76  photographs and records relating to such material. The court may
   77  also order the defendant to make restitution to the state for
   78  the archaeological or commercial value and cost of restoration
   79  and repair as defined in subsection (4).
   80         (c) Any person who offers for sale or exchange any object
   81  with knowledge that it has previously been collected or
   82  excavated in violation of any of the terms of ss. 267.11-267.14,
   83  or who procures, counsels, solicits, or employs any other person
   84  to violate any prohibition contained in ss. 267.11-267.14 or to
   85  sell, purchase, exchange, transport, receive, or offer to sell,
   86  purchase, or exchange any archaeological resource excavated or
   87  removed from land owned or controlled by the state, land owned
   88  by a water authority, or land within the boundaries of a
   89  designated state archaeological landmark or landmark zone,
   90  except with the express consent of the division, commits a
   91  felony of the third degree, punishable as provided in s.
   92  775.082, s. 775.083, or s. 775.084, and any vehicle or equipment
   93  of any person used in connection with the violation is subject
   94  to forfeiture to the state if it is determined by any court of
   95  law that such vehicle or equipment was involved in the
   96  violation. All specimens, objects, and material collected or
   97  excavated, together with all photographs and records relating to
   98  such material, shall be forfeited to the state. The court may
   99  also order the defendant to make restitution to the state for
  100  the archaeological or commercial value and cost of restoration
  101  and repair as defined in subsection (4).
  102         (d) If a minor commits a violation of paragraph (a),
  103  paragraph (b), or paragraph (c), he or she must be given a
  104  written citation for a first or second violation. Third or
  105  subsequent violations shall be punishable as otherwise provided
  106  in paragraphs (a), (b), and (c). However, this paragraph may not
  107  be construed as superseding the requirement that any individual
  108  who violates paragraph (a), paragraph (b), or paragraph (c) must
  109  forfeit to the state all specimens, objects, and material
  110  unlawfully collected or excavated, together with all photographs
  111  and records relating to such material.
  112         Section 3. Section 267.0625, Florida Statutes, and
  113  subsection (9) of section 267.115, Florida Statutes, are
  114  repealed.
  115         Section 4. This act shall take effect upon becoming a law.