reglab/statecodes huggingface dataset:
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0052 - Security

Current through Reg. 50, No. 138; July 16, 2024
(1) The division and the permittee will
				cooperate to protect the permit area if state-owned historic resources are at
				risk.
(2) The permittee is
				responsible for protecting all archaeological materials they have recovered
				from the permit area.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2),
					 267.061(1)(b),
					 267.14
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0055 - Exploration Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2),
					 267.13
					 FS.
New 4-13-87, Repealed
					 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.006 - Contract for Salvage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(5) FS.
					 Law Implemented 267.061
					 FS.
New 5-7-68, Formerly 1A-31.06, Repealed
					 1-1-75.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0062 - Types of Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) The division may
				issue two types of permits:
(a) An exploration
				permit allows the permittee to collect remote sensing and visual information on
				potential historic shipwreck sites without excavation or bottom disturbance.
				The exploration permit may be modified in writing at a later stage to allow
				such disturbance and excavation for purposes of attempting to determine the
				presence or absence and the nature of potential historic shipwreck sites. The
				number, location, extent and type of such test excavations shall be specified
				in the permit modification.
(b) A
				recovery permit may be issued only after the existence and nature of a historic
				shipwreck site has been documented by exploration permit activities and
				mutually agreed upon by the division and the permittee. A recovery permit
				allows the permittee to conduct more extensive excavations and recover
				archaeological materials, and allows for the transfer of title to the permittee
				of objects recovered, per Rule
				 1A-31.090, F.A.C. The number,
				location, extent and type of such excavation and recovery operations shall be
				specified in the permit.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0065 - Salvage Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2),
					 267.13
					 FS.
New 4-13-87, Repealed
					 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.007 - Interpretation of Contracts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.061
					 FS.
New 5-7-68, Repromulgated 1-1-75, Formerly 1A-31.07,
					 Repealed 4-13-87.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0072 - Number of Permits Limited to Agency Ability

Current through Reg. 50, No. 138; July 16, 2024
The division shall not issue more permits than it can
				  properly supervise, monitor and administer. The maximum allowable number of
				  concurrent permits shall be determined by the division based on:
(1) Number and types of permits already in
				effect;
(2) The anticipated
				termination date of permits already in effect;
(3) The number of applications under review
				or anticipated to result in permits;
(4) The number of staff assigned to
				supervise, monitor and administer permits; and
(5) The availability of funds necessary for
				the division to conduct all office and field activities under this
				chapter.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.008 - Employment Contracts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.031(5),
					 267.013
					 FS.
New 5-7-68, Amended 1-1-75, Formerly 1A-31.08, Repealed
					 4-13-87.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0082 - Duration of Permit

Current through Reg. 50, No. 138; July 16, 2024
A permit shall have a term of three years.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0085 - Subcontracts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2),
					 267.013
					 FS.
New 4-13-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.009 - Ownership and Payment for Recovery (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.061
					 FS.
New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.09,
					 Amended 4-13-87, Repealed 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0092 - Permit Area

Current through Reg. 50, No. 138; July 16, 2024
(1) The maximum size of
				an exploration permit area is three square statute miles.
(2) The size of a recovery permit area is
				limited to the size required to encompass the archaeological remains from which
				recovery is permitted.
(3) Permit
				areas shall be separated by a buffer zone of 100 yards width from recognized
				admiralty arrest areas.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.010 - Supervision (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1), (2)
					 FS. Law Implemented 263.061(3)(i),
					 (k),
					 267.031
					 FS.
New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.10,
					 Amended 4-13-87, Repealed 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.011 - Boats to Carry Identification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.061(3)(i),
					 (k)
					 FS.
New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.11,
					 Amended 4-13-87, Repealed 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.012 - Penalty; Unauthorized Exploration and Salvage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(4) FS.
					 Law Implemented 267.031(4),
					 267.061
					 FS.
New 12-19-70, Amended 9-6-78, Formerly 1A-31.12, Repealed
					 4-13-87.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.0125 - Violations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.031(3) FS.
					 Law Implemented 267.13
					 FS.
New 4-13-87, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.013 - Prohibited Practices; Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) When
				the division determines that a person or business organization is violating, or
				has violated, one or more of the provisions of Sections
				 267.13(2)(a) and
				(d), F.S., the division will contact the
				alleged violator and direct that the offending activity cease immediately
				and/or direct that the property of the State be returned to the division. If
				the violation does not cease or is not cured within the time specified by the
				division, the division will send the alleged violator notice of an
				administrative proceeding provided in Section
				 267.13(2)(b),
				F.S., and/or the division will apply to a court of competent jurisdiction for
				injunctive relief as specified in Section
				 267.13(2)(d),
				F.S.
(2) The division will commence
				an administrative proceeding if it is determined that the alleged violation
				resulted in permanent damage to historic property of the State.
(3) The division will apply to a court of
				competent jurisdiction for injunctive relief if the alleged violation is
				ongoing and the division determines that continued activity poses a threat to
				the historic preservation goals of the State.
(4) The division will commence an
				administrative proceeding and apply to a court of competent jurisdiction for
				injunctive relief when the division determines that the alleged violation has
				caused permanent damage to the historic property of the State and that
				continued activity poses a threat to the historic preservation goals of the
				State.
(5) If the alleged violator
				timely requests a hearing, the administrative proceeding may be an informal or
				formal hearing as the facts and law dictate. The requested administrative
				proceeding shall not be mediation.
Rulemaking Authority
					 20.10(3),
					 267.13 FS. Law Implemented
					 267.13(2)(a)-(d)
					 FS.
New 5-15-06.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.020 - Inspection by Permitting Agency

Current through Reg. 50, No. 138; July 16, 2024
Prior to or after issuance of any permit, the division may,
				  without notice, inspect the permit area to perform any or all of the
				  following:
(1) Evaluate statements
				made in the application;
(2)
				Determine the nature of any historical resources present;
(3) Determine whether any areas or sites
				within the proposed permit area are exempted from permitting;
(4) Examine all work already done or being
				done under the terms of the permit;
(5) Make a determination of compliance with
				Chapter 267, F.S., the terms of the permit, and the conditions specified in
				this rule.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.025 - Assignment and Subcontracting

Current through Reg. 50, No. 138; July 16, 2024
No permit may be assigned or transferred. Subcontract
				  agreements are allowed and require the prior written approval of the division.
				  Compliance with all terms and conditions of the permit is the sole
				  responsibility of the permittee whether or not permitted activities are
				  subcontracted.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.030 - Project Archaeologist Qualifications

Current through Reg. 50, No. 138; July 16, 2024
Any permit issued under this rule shall require the
				  participation of a professional underwater archaeologist who shall serve as the
				  project archaeologist. The project archaeologist must meet, at a minimum, the
				  Secretary of Interior's Standards for Professional Qualifications, as set forth
				  in Federal Register Vol. 48, No. 190, p. 44739, and the following minimum
				  qualifications of training, knowledge, experience and skills with an emphasis
				  on underwater sites, water-saturated archaeological materials, and preservation
				  methods, as evidenced by the project archaeologist's resume submitted with the
				  permit application:
(1) At least 12
				weeks of supervised underwater archaeological fieldwork and 10 weeks of
				supervisory underwater archaeological fieldwork;
(2) At least two weeks field experience and
				training in underwater survey technique and familiarity with the general theory
				and application of varied remote sensing technology;
(3) Experience or training in the recovery
				and interpretation of both archaeological and archival data and familiarity
				with the history and technology of navigation and ship building;
(4) Design and execution of an underwater
				archaeological study as evidenced by an M.A. thesis or a published report of
				equivalent scope and quality;
(5)
				For exploration permits, at least one month of experience in the operation of
				remote sensing devices in a marine environment for the purpose of discovery and
				evaluation of archaeological resources supervised by a specialist in the use of
				such devices;
(6) For exploration
				permits, at least three months of experience in a supervisory or independent
				role; and,
(7) For recovery permits
				and exploration permits involving recovery of archaeological materials, at
				least eight weeks of supervised training in the general theory and application
				of stabilization and conservation methods as they pertain to waterlogged
				materials.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i),
					 (k),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.036 - Project Archaeologist Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
The project archaeologist shall:
(1) Ensure that professional archaeological
				standards, consistent with the standards and guidelines for archaeological
				reports in Rule  1A-46.001, F.A.C., are
				maintained throughout the course of the project;
(2) Develop a research design and appropriate
				procedures for its implementation;
(3) Review remote sensing data and provide a
				written interpretation of the results to the division;
(4) Based on their professional judgment,
				personally be present and visually inspect excavations when significant
				archaeological material clusters and/or areas of articulated ship's structure
				are being excavated, at such times as may be necessary to properly interpret
				the historic shipwreck site, and as needed in order to prepare an interim or
				final report consistent with the standards and guidelines for archaeological
				reports in Rule  1A-46.001, F.A.C.;
(5) Ensure that adequate records are
				maintained during all remote sensing, testing, excavation, recovery and
				conservation and stabilization of recovered artifacts as needed in order to
				prepare an interim or final report consistent with the standards and guidelines
				for archaeological reports in Rule
				 1A-46.001, F.A.C.;
				and,
(6) Maintain regular contact
				with the division, providing electronic, facsimile or paper copy reports of all
				significant developments, including discoveries of historic shipwreck sites and
				historical resources.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2),
					 267.031(5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.040 - Application Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for permits issued under this chapter shall be made on forms prescribed by the
				division. Application forms may be requested in writing at the division's
				address in Rule  1A-31.0032, F.A.C. Application
				for Exploration Permit (Form HR6E9001-08), (4/09) is herein incorporated by
				reference, effective 7-20-09. Application for Recovery Permit (Form
				HR6E9002-08), (4/09) is herein incorporated by reference, effective
				7-20-09.
(2) One copy of the
				completed application bearing an original signature of the applicant shall be
				submitted to the division at the address specified in Rule
				 1A-31.0032, F.A.C.
(3) The permittee may apply for a permit
				renewal in accordance with procedures in this rule. The application form shall
				specifically explain any differences from the previous application. Any
				sections that are unchanged may be answered "No Change."
(4) The division may request additional
				information or clarification on any application that is submitted. Such request
				shall be made to the applicant in writing and shall indicate the date by which
				the information or clarification is needed.
(5) Requests for renewal must be received
				prior to the termination date of the permit. Requests for renewal will be
				considered sufficient when all requirements of the permit have been satisfied,
				any errors or omissions have been corrected, and any additional information
				requested by the division has been received.
(6) Renewals shall have a term of three
				years.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.046 - Application Review

Current through Reg. 50, No. 138; July 16, 2024
The division shall consider the following criteria in its
				  decision to approve or deny a permit application, and may consider other
				  relevant information:
(1) The public
				policy of the state to preserve and protect archaeological sites and objects of
				antiquity for the public benefit and to limit exploration, excavation, and
				collection of such matters to qualified persons and educational institutions
				possessing the requisite skills and purpose to add to the general store of
				knowledge concerning history, archaeology, and anthropology;
(2) Conflicts with other permit areas and
				non-permittable areas and sites, per Rule
				 1A-31.0045, F.A.C.
(3) Date of receiving the application in
				relation to other applications for the same location. A duplicate application
				for the same area shall not be entertained until the initial application for
				that area has been fully processed and made subject to a final order by the
				division;
(4) Experience, ability
				and plans to comply with safety and security requirements as demonstrated in
				the application;
(5) Experience,
				ability and plans to collect and supply data and records as demonstrated in the
				application;
(6) Ability of the
				division to supervise and administer the permit in addition to permits already
				issued;
(7) Results of the
				inspection of the requested permit area, if any;
(8) Financial ability to conduct the
				permitted activities as described in the application;
(9) Qualifications, experience and ability of
				the project archaeologist;
(10)
				Suitability of proposed research design and methodology;
(11) Experience, ability and plans for data
				collection, security, inventory, and curation of recovered archaeological
				materials and records as demonstrated in the application;
(12) Qualifications, experience and ability
				of the applicant to complete the proposed activities;
(13) Access to necessary equipment and
				qualified operators;
(14) Size of
				permit area;
(15) Compliance with
				requirements of any previous permits or agreements issued under Chapter 1A-31,
				F.A.C., from the date of its adoption.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.050 - Permit Issuance

Current through Reg. 50, No. 138; July 16, 2024
The division shall only issue a permit when:
(1) The applicant has supplied evidence of
				sufficient financial ability to conduct the permitted activities;
(2) The applicant has demonstrated that
				project participants including subcontractors possess sufficient
				qualifications, resources, and abilities to successfully complete the permitted
				activities;
(3) The applicant has
				supplied a letter of intent from a professional underwater archaeologist who
				has agreed to serve as project archaeologist;
(4) The applicant has demonstrated that
				proposed project activities will utilize professionally accepted techniques for
				exploration, identification, recovery, recording, conservation and/or
				stabilization, and analysis of archaeological materials recovered;
(5) The applicant has supplied an adequate
				plan for the conservation and/or stabilization, analysis, and curation of all
				archaeological materials recovered, records, and other materials resulting from
				the permitted activities, including facilities if appropriate; and
(6) The division has determined that
				activities allowed under the permit are consistent with the requirements of
				this rule.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.055 - Notice of Approval or Denial

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				division shall notify the applicant of approval or intended denial of the
				application at the address provided in the application or as specified in any
				notice of change, per Rule
				 1A-31.080, F.A.C., within 90
				days after receipt by the division of a completed application for a permit or a
				permit renewal. If the application is approved, the division shall furnish a
				permit document for signature by the applicant certifying agreement with its
				terms and conditions. The applicant shall return the signed permit to the
				division for signature by the division's authorized representative. The permit
				shall be executed by the division and returned to the permittee within 15 days
				of receipt. The permit is effective when it is signed by the applicant and the
				division.
(2) If the division
				intends to deny the application, the division shall list those criteria from
				Rule  1A-31.046, F.A.C., on which the
				intended denial is based and inform the applicant of the options available
				within the 90 days as cited above.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.060 - Requirements for All Permits

Current through Reg. 50, No. 138; July 16, 2024
Each permit must include:
(1) Name and contact information for division
				staff administering the permit;
(2)
				Name and contact information for the permittee or agent;
(3) Name and contact information for the
				project archaeologist;
(4) Name and
				contact information for key project personnel;
(5) Registration numbers of all boats
				participating in the permitted activities, including a notice that registration
				numbers may be updated by the permittee as needed;
(6) Duration of the permit;
(7) Boundaries of the area covered by the
				permit;
(8) Description of the
				scope of work to be undertaken, which may include archaeological
				guidelines;
(9) Minimum standards
				of diligence, expressed as a projected schedule of specific work activities to
				be initiated or conducted;
(10)
				Notice that the permit requires submittal of a final or interim report meeting
				the guidelines established in subsection
				 1A-46.001(3),
				F.A.C. National Oceanic and Atmospheric Administration 1:80, 000 nautical
				charts should be substituted for U.S. Geological Survey (1:24, 000) 7.5 minute
				series topographic quadrangle maps as required in subsection
				 1A-46.001(3),
				F.A.C., as appropriate;
(11) Notice
				that Daily Field Note and Activity Logs (Form HR6E067, Revised 06/08), herein
				incorporated by reference, must be completed and submitted monthly.
(12) Notice that the permittee must notify
				the division in writing within 72 hours of any change affecting the ability or
				plans to conduct the permitted activities as set forth in the application and
				the permit, including changes in boats and boat registration numbers used in
				the permitted activities;
(13)
				Notice that the use of clamshell dredges, cutterhead dredges, explosives and
				suction dredges greater than 10 inches in diameter is prohibited; and,
(14) Notice of the conditions
				under which the use of propwash deflectors is allowed.
(15) Notice that all vessels used in
				exploration or recovery activities or operations shall carry copies of the
				executed permit issued by the division.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.065 - Additional Requirements for Exploration Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The division will approve the excavation
				and recovery of those artifacts which will assist in the identification of age
				and type of historic shipwreck site being investigated. No excavation or
				displacement of archaeological materials shall be conducted unless approved in
				writing by the division in the form of an amendment to the Exploration Permit.
				No archaeological materials shall be recovered unless approved in writing by
				the division in the form of an amendment to the Exploration Permit. All
				archaeological materials recovered under an Exploration Permit shall be
				included in the pool of artifacts considered for transfer to the permittee if a
				recovery permit is issued, per Rule
				 1A-31.090, F.A.C.
(2) With a minimum of disturbance to the
				permit area the permittee shall:
(a) Conduct
				such remote sensing of the entire permit area as may be required to locate the
				specific historic shipwreck site or sites as referenced in the permittee's
				exploration application and permit;
(b) Identify the source of anomalies as may
				be required, with an emphasis on locating the historic shipwreck site or sites
				as referenced in the permittee's exploration application and permit;
(c) Delineate the extent of historic
				shipwreck sites, with an emphasis on locating the historic shipwreck site or
				sites as referenced in the permittee's exploration application and permit;
				and,
(d) Evaluate the potential
				characteristics and significance of any historic shipwreck site in consultation
				with the division, with an emphasis on locating the historic shipwreck site or
				sites as referenced in the permittee's exploration application and
				permit.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.070 - Additional Requirements for Recovery Permits

Current through Reg. 50, No. 138; July 16, 2024
A research design and description of proposed excavation
				  activities prepared by the applicant's project archaeologist, and approved by
				  the division, shall be included in the recovery permit. The division shall
				  require the permittee to secure the use of a conservation and curation
				  facility, as well as relevant conservation expertise, to be approved by the
				  division, if the permittee is responsible for conserving archaeological
				  materials under the terms of the permit. The permittee is solely responsible
				  for transporting, storing, insuring, and conserving all archaeological
				  materials recovered under the permit and for the costs associated with these
				  activities. The division may assist in these activities.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.075 - Permit Modification

Current through Reg. 50, No. 138; July 16, 2024
Permit modifications may be requested in writing by the
				  permittee. Requests for permit modifications will be evaluated against the
				  conditions of the permit, the requirements of this chapter, and the project
				  research design developed by the project archaeologist, per subsection
				   1A-31.036(2),
				  F.A.C. The division will respond in writing to requests for modification within
				  30 days.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.080 - Permittee Required to Give Notice of Change

Current through Reg. 50, No. 138; July 16, 2024
The permittee shall notify the division in writing, in such
				  form and detail as required by the division, of changes or proposed changes in
				  financial support, contact information, key personnel or equipment from that
				  noted in the permit application.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.085 - Permit Suspension and Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1)
				When the division has reason to believe that a permittee may have violated one
				or more of the criteria for suspension or revocation of a permit, the division
				shall contact the permittee in writing and take other appropriate actions to
				make a determination of facts. If the division determines a violation has
				occurred, the division may suspend the permit by notifying the permittee of the
				violation and specifying corrective actions and dates by which such actions
				must be completed for the permit to be reinstated. If the stated corrective
				actions are not completed by the specified dates, the division may revoke the
				permit by notifying the permittee of the intent to revoke and informing the
				permittee of the available options.
(2) Criteria for suspension or revocation of
				a permit are:
(a) Violation of Chapter 267,
				F.S., or this rule chapter;
(b)
				Violation of terms or conditions of the permit;
(c) Obtaining the permit by misrepresentation
				or failure to disclose all relevant facts;
(d) Knowingly making false statements in an
				application, report or other document submitted to the division under this rule
				chapter;
(e) Failure to meet
				minimum standards of diligence as specified in the permit;
(f) Issuance based upon incorrect
				information, mistaken belief, or clerical error, or any other just cause as
				provided by this rule chapter; or
(g) Non-permitted activities that jeopardize
				archaeological materials.
(h)
				Changes in financial support, key personnel or equipment as reported to the
				division, per Rule  1A-31.080,
				F.A.C.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES › Section 1A-31.090 - Transfer of Archaeological Materials, Title to Archaeological Materials Conveyed

Current through Reg. 50, No. 138; July 16, 2024
The division may transfer archaeological materials to which
				  it holds title to the permittee in consideration of recovery services provided
				  to the state under the terms of a recovery permit. Specific provisions for
				  transfer of archaeological materials will be specified in each recovery
				  permit.
(1) The division will ensure
				that materials are transferred so that the permittee receives approximately 80%
				of recovered archaeological materials, with the division retaining
				approximately 20% of recovered archaeological materials;
(2) Distribution of the recovered
				archaeological materials will be negotiated by the division and the permittee
				based on the historical value of recovered materials;
(3) Current holdings in the division
				collection shall be considered in the distribution of recovered archaeological
				materials;
(4) Artifacts recovered
				under an Exploration Permit for the same area or historic shipwreck site will
				be included in the pool of artifacts considered for transfer to the permittee,
				per subsection  1A-31.065(1),
				F.A.C.; and,
(5) Each transfer of
				archaeological materials will include a written statement from the division to
				the permittee conveying title to the transferred
				materials.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.031(2), (5)(i), (k),
					 (o),
					 267.061(1)
					 FS.
New 7-20-09.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Accredited Institutions shall mean those
				state institutions that:
(a) Permanently
				possess professional archaeological staff who meet or, in the judgment of the
				State Archaeologist, are capable of meeting the following Secretary of the
				Interior's Professional Qualifications Standards for archaeology, which may be
				represented by separate individuals:
1. A
				graduate degree in archaeology, anthropology, or closely related field plus:
a. At least one year of full-time
				professional experience or equivalent specialized training in archaeological
				research, administration or management;
b. At least four months supervised field and
				analytic experience in general North American archaeology; and,
c. Demonstrated ability to carry research to
				completion.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.002 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 267.12(1) FS.
					 Law Implemented 267.12
					 FS.
New 1-1-75, Formerly 1A-32.02, Repealed
					 12-18-95.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.003 - Criteria for Evaluating Research Requests

Current through Reg. 50, No. 138; July 16, 2024
The following criteria are established to insure that
				  research upon archaeological sites pursuant to section
				   267.12, F.S., shall be conducted
				  in a professional manner, and that the data recovered as a result thereof shall
				  benefit the people of Florida in understanding their rich and varied heritage.
				  All research requests shall contain the following:
(1) Only museums, universities, colleges or
				other historical, scientific or educational institutions or societies that
				subscribe to the "Principles of Archaeological Ethics" of the Society for
				American Archaeology will be considered as valid research applicants; and,
(2) Applicants shall possess or
				will secure the professional archaeological expertise necessary for the
				performance of professional quality archaeological field research,
				comprehensive analysis and interpretation in the form of publishable reports
				and monographs; and,
(3) Applicants
				shall possess or will secure sufficient artifactual conservation and storage
				capabilities to insure artifact preservation during the research period;
				and,
(4) No research request shall
				be considered, exclusive of reconnaissance survey requests, unless (a) a degree
				of endangerment to the archaeological resources is present in the proposed
				research area (i.e. severe erosion); (b) the proposed research area form an
				integral part in a well-defined research design or (c) the research is part of
				a planned interpretive reconstruction or restoration project; and,
(5) Adequate funding capability must be
				available to fully implement the proposed research plan, including field work,
				laboratory analysis and processing and manuscript
				preparation.
Rulemaking Authority
					 267.031(1) FS.
					 Law Implemented 267.12(2), (3)
					 FS.
New 1-1-75, Amended 9-7-78, Formerly 1A-32.03, Amended
					 2-16-14.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.004 - Notification Requirements for Accredited Institutions

Current through Reg. 50, No. 138; July 16, 2024
(1) A written notification to the Division by
				accredited institutions requesting approval for archaeological research
				according to Section  267.12(2),
				F.S., must be submitted prior to scheduled project initiation.
The notification shall contain all of the following
				  items:
(a) Name and address of the
				requesting institution;
(b) Date of
				notification;
(c) Specific
				location(s) of the proposed research area, including site means and numbers
				where applicable;
(d) Aims,
				character, and purpose of the proposed research (include a clear and concise
				research design);
(e) Specific
				threats or endangerment of archaeological sites within the proposed project
				area (if applicable);
(f) Name of
				the individual in direct charge of the field research;
(g) Total number of project
				personnel;
(h) Initiation and
				termination dates of the research;
(i) Proposed publication source and date the
				completed manuscript;
(j) Total
				research funds to be expended on the project; and,
(k) Signature of the requesting
				official.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.005 - Application Requirements for Non-accredited Institutions

Current through Reg. 50, No. 138; July 16, 2024
(1) Non-accredited institutions desiring to
				conduct research under Section
				 267.12(2),
				F.S., must apply to the Division for a research permit for each and every
				proposed project. Archaeological Research Permit - 1A-32 Application (Form
				HRE4404-13), effective 2/2014, is herein incorporated by reference, effective
				01/2014,
http://www.flrules.org/Gateway/reference.asp?No=Ref-03343
.
				A copy of the form may be obtained by writing the Bureau of Archeaological
				Research, 1001 de Soto Park Drive, Tallahassee, Florida 32301, or by calling
				(850)245-6444.
(2) In addition to
				the requirements imposed upon accredited institutions by paragraphs (a)-(k) of
				subsection  1A-32.004(1),
				F.A.C. herein, non-accredited institutions must supply the following
				information:
(a) Name, address and official
				status of person to be in general charge of project, including a resume of
				previous experience pertinent to archaeological research; and,
(b) Nature, status and scientific
				affiliations of applicant organization; and,
(c) Names and qualification of additional
				research participants who will exercise any supervisory authority during the
				proposed research project; and,
(d)
				Total fiscal resources available for publication
				requirements.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-32 - ARCHAEOLOGICAL RESEARCH › Section 1A-32.006 - Prohibited Practices; Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) When
				the division determines that a person or business organization is violating, or
				has violated, one or more of the provisions of Sections
				 267.13(2)(a) and
				(d), F.S., the division will contact the
				alleged violator and direct that the offending activity cease immediately
				and/or direct that the property of the State be returned to the division. If
				the violation does not cease or is not cured within the time specified by the
				division, the division will send the alleged violator notice of an
				administrative proceeding provided in Section
				 267.13(2)(b),
				F.S., and/or the division will apply to a court of competent jurisdiction for
				injunctive relief as specified in Section
				 267.13(2)(d),
				F.S.
(2) The division will commence
				an administrative proceeding if it is determined that the alleged violation
				resulted in permanent damage to historic property of the State.
(3) The division will apply to a court of
				competent jurisdiction for injunctive relief if the alleged violation is
				ongoing and the division determines that continued activity poses a threat to
				the historic preservation goals of the State.
(4) The division will commence an
				administrative proceeding and apply to a court of competent jurisdiction for
				injunctive relief when the division determines that the alleged violation has
				caused permanent damage to the historic property of the State and that
				continued activity poses a threat to the historic preservation goals of the
				State.
(5) If the alleged violator
				timely requests a hearing, the administrative proceeding may be an informal or
				formal hearing as the facts and law dictate. The requested administrative
				proceeding shall not be mediation.
Rulemaking Authority
					 20.10(3),
					 267.13 FS. Law Implemented
					 267.13(2)(a)-(d)
					 FS.
New 5-15-06.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.02, Amended 3-8-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.002 - Compliance with Existing Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.01, Amended 3-8-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.003 - Hours of Operation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.03, Amended 3-8-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.004 - Authorization for Use (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.04, Amended 3-8-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.005 - Uses Permitted and Procedures for the Use of the Old Capitol (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.05, Amended 3-8-87, 2-27-97,
					 Repealed 8-13-07.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.006 - Utility Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.06, Repealed
					 3-8-87.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.007 - Damages to the Old Capitol, Interior Furnishings, Exterior and Adjacent Grounds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.07, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.008 - Responsibilities of User (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.08, Amended 3-8-87, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.009 - Building Limits and Restrictions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.129(1),
					 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.09, Repealed
					 2-27-97.
Florida Administrative Code › 1 - DEPARTMENT OF STATE › 1A - Division of Historical Resources › Chapter 1A-33 - USE OF FLORIDA'S OLD CAPITOL › Section 1A-33.010 - Request Form for Use of the Old Capitol (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.135(3) FS.
					 Law Implemented 272.135(2)
					 FS.
New 6-13-83, Formerly 1A-33.10, Repealed
					 3-8-87.