Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (1) and (2) of section 267.13,
Florida Statutes, are amended to read:
267.13 Prohibited practices; penalties.
(1)(a) Any person who by means other than excavation either
conducts archaeological field investigations on, or removes or
attempts to remove, or defaces, destroys, or otherwise alters
any archaeological site or specimen located upon, any land,
including state sovereignty submerged land, owned or controlled
by the state, a political subdivision, or a special district
created by the Legislature, or within the boundaries of a
designated state archaeological landmark or landmark zone,
except in the course of activities pursued under the authority
of a permit or under procedures relating to accredited
institutions granted by the division, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s.
775.083, and, in addition, shall forfeit to the state all
specimens, objects, and materials collected, together with all
photographs and records relating to such material.
(b) Any person who by means of excavation either conducts
archaeological field investigations on, or removes or attempts
to remove, or defaces, destroys, or otherwise alters any
archaeological site or specimen located upon, any land,
including state sovereignty submerged land, owned or controlled
by the state, a political subdivision, or a special district
created by the Legislature, or within the boundaries of a
designated state archaeological landmark or landmark zone,
except in the course of activities pursued under the authority
of a permit or under procedures relating to accredited
institutions granted by the division, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, and any vehicle or equipment of any person used
in connection with the violation is subject to forfeiture to the
state if it is determined by any court of law that the vehicle
or equipment was involved in the violation. Such person shall
forfeit to the state all specimens, objects, and materials
collected or excavated, together with all photographs and
records relating to such material. The court may also order the
defendant to make restitution to the state for the
archaeological or commercial value and cost of restoration and
repair as defined in subsection (4).
(c) Any person who offers for sale or exchange any object
with knowledge that it has previously been collected or
excavated in violation of any of the terms of ss. 267.11-267.14,
or who procures, counsels, solicits, or employs any other person
to violate any prohibition contained in ss. 267.11-267.14 or to
sell, purchase, exchange, transport, receive, or offer to sell,
purchase, or exchange any archaeological resource excavated or
removed from any land, including state sovereignty submerged
land, owned or controlled by the state, a political subdivision,
or a special district created by the Legislature, or within the
boundaries of a designated state archaeological landmark or
landmark zone, except with the express consent of the division,
commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
equipment of any person used in connection with the violation is
subject to forfeiture to the state if it is determined by any
court of law that such vehicle or equipment was involved in the
violation. All specimens, objects, and material collected or
excavated, together with all photographs and records relating to
such material, shall be forfeited to the state. The court may
also order the defendant to make restitution to the state for
the archaeological or commercial value and cost of restoration
and repair as defined in subsection (4).
(2)(a)?The division may institute an administrative
proceeding to impose an administrative fine of not more than
$500 a day on any person or business organization that, without
written permission of the division, explores for, salvages, or
excavates treasure trove, artifacts, sunken or abandoned ships,
or other objects having historical or archaeological value
located upon any land on state-owned or state-controlled lands,
including state sovereignty submerged land, owned or controlled
by the state, a political subdivision, or a special district
created by the Legislature lands.
(b) The division shall institute an administrative
proceeding by serving written notice of a violation by certified
mail upon the alleged violator. The notice shall specify the law
or rule allegedly violated and the facts upon which the
allegation is based. The notice shall also specify the amount of
the administrative fine sought by the division. The fine is
shall not become due until after service of notice and an
administrative hearing. However, the alleged violator has shall
have 20 days after from service of notice to request an
administrative hearing. Failure to respond within that time
constitutes shall constitute a waiver, and the fine becomes
shall become due without a hearing.
(c) The division may enter its judgment for the amount of
the administrative penalty imposed in a court of competent
jurisdiction, pursuant to s. 120.69. The judgment may be
enforced as any other judgment.
(d) The division may apply to a court of competent
jurisdiction for injunctive relief against any person or
business organization that explores for, salvages, or excavates
treasure trove, artifacts, sunken or abandoned ships, or other
objects having historical or archaeological value located upon
any on state-owned or state-controlled land, including state
sovereignty submerged land, owned or controlled by the state, a
political subdivision, or a special district created by the
Legislature without the written permission of the division.
(e) The division shall adopt rules pursuant to ss.
120.536(1) and 120.54 to administer implement the provisions of
this section.
Section 2. This act shall take effect July 1, 2012.
