Florida Administrative Code

(1)(a) The Florida Administrative Register (FAR) is published each business day except those business days that are observed as official state holidays designated by Section 110.117, F.S. When a business day is observed as a holiday, publication shall be on the next business day.…

(1) Each rule shall be followed by legal citations and history notes. (2) Legal Citations shall consist of: (a) The rulemaking authority authorizing the agency to promulgate the rule. (b) Law(s) being implemented. (3) History notes shall consist of: (a) The effective date of each…

(1) Any ordinance, standard, specification, guideline, manual, handbook, map, chart, graph, report, form or instructions to forms, or other similar material that meets the definition of rule provided in Section 120.52(16), F.S., and is generally available to affected persons shal…

Rulemaking Authority 120.54(1)(j) FS. Law Implemented 120.54(1)(j) FS. History-New 5-29-80, Formerly 1-1.06, Amended 2-9-84, 10-1-84, 11-14-85, 1-1-92, 9-13-98, Formerly 1S-1.007, Formerly 1B-30.007, Repealed 8-24-26. Library References: Belz, Agency Practice and Procedure: What …

(1) No person, without express written authorization from the Department, shall manufacture, use, display or otherwise employ a facsimile or reproduction of the Great Seal of the State of Florida (Great Seal), except as provided in this rule. (2) Any person desiring to obtain app…

(1) When a public records request is of the nature described in Section 119.07(4)(d), F.S., the following will apply: (a) The term "extensive" means more than 15 minutes expended by personnel to complete all tasks defined in paragraphs (b) and (c), below. (b) The term "clerical o…

Rulemaking Authority 266.00001(5) FS. Law Implemented 266.00001 FS. History-New 1-18-93, Amended 2-3-98, Repealed 11-5-13.

It is 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 materials to qualified persons, businesses, and educational institutions possessing the r…

(1) "Applicant" means any corporation, individual, partnership or other legal entity making application to the division for an Exploration Permit or a Recovery Permit. (2) "Application" means a formal written request on the Application for Exploration Permit or the Application fo…

Any existing agreements or contracts concerning shipwreck exploration or salvage in effect as of the date of enactment of this rule are unaffected by this rule for their stated term and for as long as they shall be renewed by the division. Once such existing agreements or contrac…

All communication to the division regarding applications, forms, information, permits and all reports required under the terms of a permit shall be submitted in written form to the division at: Florida Division of Historical Resources Bureau of Archaeological Research 1001 de Sot…

Within 30 days of the receipt of an application, the division shall, in writing, notify the Department of Environmental Protection and the applicant that a form of consent may be required from the Board of Trustees of the Internal Improvement Trust Fund to conduct the exploration…

Diving on historic shipwreck sites in Florida waters does not require a permit. Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History-New 7-20-09.

The division will not issue permits for the following areas and sites: (1) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference…

(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. L…

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History-New 4-13-87, Repealed 7-20-09.

(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 …

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.13 FS. History-New 4-13-87, Repealed 7-20-09.

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 da…

A permit shall have a term of three years. Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History-New 7-20-09.

(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 …

Rulemaking Authority 267.031(1), (2) FS. Law Implemented 263.061(3)(i), (k), 267.031 FS. History-New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.10, Amended 4-13-87, Repealed 7-20-09.

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061(3)(i), (k) FS. History-New 5-7-68, Amended 1-1-75, 9-6-78, Formerly 1A-31.11, Amended 4-13-87, Repealed 7-20-09.

(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…

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 are…

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 subcontr…

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 …

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 approp…

(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 inc…

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…

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, resou…

(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…

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 pe…

(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 writ…

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…

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…

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)…

(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 div…

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 rec…

(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 St…

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 …

(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…

(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. Archaelogical Research Permit - 1A-32 Application (Form HRE4404-13), effective 2/2014, is herein incor…

(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…

RulemakingAuthority 272.135(3) FS. Law Implemented 272.129(1), 272.135(2) FS. History-New 6-13-83, Formerly 1A-33.05, Amended 3-8-87, 2-27-97, Repealed 8-13-07.

RulemakingAuthority 267.031(1) FS. Law Implemented 267.0617(2) FS. History-New 10-18-83, Formerly 1A-35.02, Amended 11-24-87, 9-4-96, 6-14-05, Repealed 4-14-15.

Rulemaking Authority 267.031(1), 267.0617(5) FS. Law Implemented 267.0617(2) FS. History-New 10-18-83, Formerly 1A-35.05, Amended 9-4-96, 6-14-05, Repealed 4-14-15.