Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for CS for SB 1050
Ì283866RÎ283866
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/04/2016 08:47 AM .
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Senator Stargel moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1296 and 1297
4 insert:
5 Section 49. Section 492.117, Florida Statutes, is created
6 to read:
7 492.117 Archeology.—
8 (1) The department shall implement a program to administer
9 the discovery of isolated archaeological artifacts from
10 sovereignty submerged lands. The program must, at a minimum:
11 (a) Require an annual permit to collect isolated
12 archaeological artifacts from sovereignty submerged lands and a
13 permit application fee of $500 to be deposited into the
14 Professional Regulation Trust Fund.
15 (b) Require a written agreement by the permitholder to
16 report all discovered and removed artifacts to the department
17 within 14 days after the discovery and removal and include a map
18 indicating the location of the discovery and photographs of the
19 artifacts; and allow the department to inspect, analyze, and
20 photograph any such artifacts.
21 (c) Prohibit a permitholder from using tools for the
22 excavation of any isolated artifacts.
23 (d) Provide a map of clearly defined areas and sites that
24 are excluded from excavation activities. The map must be
25 provided to the applicant when a permit is issued.
26 (e) Authorize the transfer of ownership rights for
27 discovered artifacts to the permitholder.
28 (f) Provide penalties for violations of program
29 requirements, including, but not limited to, an administrative
30 fine of up to $1,000 and forfeiture of the permit and ownership
31 rights for any artifacts discovered under the program. All fines
32 shall be deposited into the Professional Regulation Trust Fund,
33 with $500 of each fine collected distributed to the Division of
34 Historical Resources within the Department of State to carry
35 out, on behalf of the state, the programs of the National
36 Historic Preservation Act of 1966, as amended, and to establish,
37 maintain, and administer a state historic preservation program
38 meeting the requirements of an approved program and fulfilling
39 the responsibilities of state historic preservation programs as
40 provided in s. 101(b) of that act.
41 (2) The department shall adopt rules to administer this
42 section. At a minimum, the rules must include:
43 (a) Procedures for sending a notice of violation.
44 (b) Procedures for imposing an administrative fine.
45 (3) For purposes of this section, the term “sovereignty
46 submerged lands” means lands beneath navigable fresh water or
47 beneath tidally influenced waters to which the State of Florida
48 acquired title on March 3, 1845, by virtue of statehood, and
49 which have not been heretofore conveyed or alienated. The term
50 includes, but is not limited to, tidal lands, islands, sand
51 bars, shallow banks, and lands waterward of the ordinary or mean
52 high water line.
53 (4) A permit issued pursuant to this section does not
54 authorize excavation on properties listed on the National
55 Register of Historic Places as defined in s. 267.021(5) or on
56 lands located in state and federal parks, preserves, management
57 areas, or reserves where cultural resources are specifically
58 protected.
59 (5) This section does not preempt the provisions of s.
60 872.02, and a permitholder under this section who violates any
61 provision of s. 872.02 is subject to the penalties provided
62 therein.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Between lines 143 and 144
67 insert:
68 creating s. 492.117, F.S.; requiring the department to
69 implement a program to administer the discovery of
70 certain artifacts; requiring an annual permit to
71 collect certain artifacts from specified locations and
72 an application fee; requiring a written agreement to
73 report certain artifacts to the department within a
74 specified timeframe; requiring certain information be
75 included in the report; prohibiting the use of tools
76 in an excavation; requiring a certain map be provided
77 to permitholders; authorizing the transfer of
78 ownership rights of certain artifacts to the
79 permitholder; providing penalties; providing
80 rulemaking; defining the term “sovereignty submerged
81 lands”; providing that issuance of a permit does not
82 authorize excavation on certain properties; providing
83 construction;