267.12
Research permits; procedure.
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267.12 Research permits; procedure.—
(1) As used in this section and s. 267.13, the term “water authority” means an independent special district created by special act whose purpose is to control and conserve freshwater resources. The term does not include any water management district created pursuant to s. 373.069.
(2) The division may issue permits for excavation and surface reconnaissance on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone to institutions that the division deems to be properly qualified to conduct such activity, subject to such rules and regulations as the division may prescribe, provided such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies that possess or will secure the archaeological expertise for the performance of systematic archaeological field research, comprehensive analysis, and interpretation in the form of publishable reports and monographs, such reports to be submitted to the division.
(3) Those state institutions considered by the division permanently to possess the required archaeological expertise to conduct the archaeological activities allowed under the permit may be designated as accredited institutions which will be allowed to conduct archaeological field activities on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone without obtaining an individual permit for each project, except that those accredited institutions will be required to give prior written notice of all anticipated archaeological field activities on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone to the division, together with such information as may reasonably be required by the division to ensure the proper preservation, protection, and excavation of the archaeological resources. However, archaeological activity may not be commenced by the accredited institution until the division has determined that the planned project will be in conformity with the guidelines, regulations, and criteria adopted pursuant to ss. 267.11-267.14. Such determination will be made by the division and notification to the institution given within 15 days after receipt of the prior notification by the division.
(4) All specimens collected under a permit issued by the division or under the procedures adopted for accredited institutions shall belong to the state with the title thereto vested in the division for the purpose of administration and protection. The division may arrange for the disposition of the specimens so collected by accredited state institutions at those institutions and for the temporary or permanent loan of such specimens at permitholding institutions for the purpose of further scientific study, interpretative displays, and curatorial responsibilities.
History.—s. 1, ch. 73-166; s. 56, ch. 86-163; s. 1, ch. 2013-204.
Notes of Decisions
Cited in 2
cases, 1981–1988 · leading case: Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel
Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel (1981)
“The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, Florida Statutes, shall be conducted in a professional manner, and that the data recovered as a result thereof shall benefit the people of Florida in…”
Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel (1988)
“F.S. A. § 267.12. The State asserts that JWI is in violation of these statutes and that injunctive relief and the imposition of civil penalties is appropriate.”
— 267.12(1) — 2 cases
Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel (1981)
“The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, Florida Statutes, shall be conducted in a professional manner, and that the data recovered as a result thereof shall benefit the people of Florida in…”
Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel (1988)
“F.S. A. § 267.12. The State asserts that JWI is in violation of these statutes and that injunctive relief and the imposition of civil penalties is appropriate.”
— 267.12(2) — 1 case
Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel (1981)
“The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, Florida Statutes, shall be conducted in a professional manner, and that the data recovered as a result thereof shall benefit the people of Florida in…”
— 267.12(3) — 2 cases
Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel (1981)
“The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, Florida Statutes, shall be conducted in a professional manner, and that the data recovered as a result thereof shall benefit the people of Florida in…”
Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel (1988)
“F.S. A. § 267.12. The State asserts that JWI is in violation of these statutes and that injunctive relief and the imposition of civil penalties is appropriate.”
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