A Guide to the Florida Historical Resources Act Requirements, Process, and Compliance

The Florida Historical Resources Act: A Comprehensive Guide provides an in-depth exploration of the state's primary law protecting historical and archaeological resources. Discover the key provisions of this act, including the types of activities and entities it regulates, as well as the prohibited practices and penalties for violations. Learn about the regulatory standards and limitations established by the act, and understand the monitoring, reporting, and recordkeeping obligations imposed on regulated entities. Gain insight into recent developments and the current regulatory outlook, and access additional resources to further knowledge of this critical legislation. This guide serves as an essential tool for navigating the complexities of the Florida Historical Resources Act and ensuring compliance with its requirements.

GENERAL INFORMATION

Key Details of the Florida Historical Resources Act

Issuing Agency: The Florida Department of State, Division of Historical Resources
Year Established: 1967
Last Amended: 2020
Statutory Authority: The Florida Historical Resources Act, Chapter 267 of the Florida Statutes
Primary Legal Reference: Sections 267.011-267.1736 of the Florida Statutes

Overview of the Florida Historical Resources Act

The Florida Historical Resources Act is a state law that operates within the broader framework of Florida's environmental and cultural heritage protection laws. It is designed to protect, preserve, and promote the state's historic and archaeological resources for the benefit of present and future generations. The Act is administered and enforced by the Florida Department of State, Division of Historical Resources, which is responsible for identifying, researching, interpreting, and preserving these resources.

The Act was first enacted in 1967 and has undergone several amendments over the years, with the most recent significant changes made in 2020. The law establishes various mechanisms for protecting historical resources, including the designation of historic properties and archaeological sites, the regulation of activities that may impact these resources, and the provision of financial incentives for historic preservation.

The Florida Historical Resources Act applies to all historic and archaeological resources within the state, including those on state, local, and private lands. It does not have any specific geographic limitations or exemptions within the state.

What does the Florida Historical Resources Act protect?

The Florida Historical Resources Act protects the state's historic and archaeological resources from damage, destruction, and neglect. These resources include:

1. Historic buildings, structures, and sites that are significant in Florida's history, architecture, archaeology, or culture.[^1]
2. Archaeological sites and artifacts that represent the state's prehistoric and historic past.[^2]
3. Underwater archaeological sites, such as shipwrecks and submerged prehistoric sites.[^3]
4. Historic cemeteries and burial sites.[^4]

The Act achieves this protection by:

• Requiring state agencies to consider the impact of their activities on historic properties and to consult with the Division of Historical Resources before undertaking projects that may affect these resources.[^5]
• Establishing a process for the designation of historic properties and archaeological sites, which affords them special protections under the law.[^6]
• Regulating the excavation and collection of archaeological resources on state lands and the salvage of archaeological materials from state waters.[^7]
• Providing financial incentives, such as grants and tax credits, for the preservation and rehabilitation of historic properties.[^8]

[^1]: Section 267.021(3), Florida Statutes. [^2]: Section 267.021(1), Florida Statutes. [^3]: Section 267.021(1), Florida Statutes. [^4]: Section 267.021(3)(a), Florida Statutes. [^5]: Section 267.061(2), Florida Statutes. [^6]: Sections 267.061(3) and 267.12, Florida Statutes. [^7]: Sections 267.12-267.14, Florida Statutes. [^8]: Sections 267.0617 and 267.0619, Florida Statutes.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Florida Historical Resources Act, codified in Chapter 267 of the Florida Statutes, is a comprehensive state law that aims to protect and preserve Florida's historic and archaeological resources¹. The Act regulates a wide range of activities that may impact these resources, including development projects, excavations, and alterations to historic properties.

The primary entities subject to the Florida Historical Resources Act include:

• State agencies
• Local governments
• Private developers
• Property owners
• Archaeological researchers

The Act prohibits the following activities without proper authorization:

1. Excavation or disturbance of archaeological sites: It is illegal to excavate, remove, disturb, or damage any archaeological resource on state-owned or state-controlled lands without obtaining a permit from the Division of Historical Resources².

2. Alteration or demolition of historic properties: The Act requires state agencies and local governments to consider the impact of their undertakings on historic properties listed in, or eligible for, the National Register of Historic Places. Proposed alterations or demolitions may require consultation with the Division of Historical Resources³.

3. Unauthorized removal of historic resources: The removal of any historical resource from state-owned or state-controlled lands is prohibited without a permit from the Division of Historical Resources⁴.

These prohibitions are in place to ensure that Florida's irreplaceable historical and archaeological resources are protected from damage or destruction due to development, neglect, or unauthorized activities.

Structure and Key Provisions

The Florida Historical Resources Act is organized into several key sections that outline the law's purpose, definitions, and regulatory requirements. Some of the most important provisions include:

267.021 - Definitions

This section provides definitions for key terms used throughout the Act, such as "historic property," "archaeological site," and "undertaking."⁵

267.061 - Historic properties and state agency programs

This provision requires state agencies to consider the impact of their undertakings on historic properties and consult with the Division of Historical Resources when necessary⁶. It also establishes the Florida Master Site File, a centralized inventory of the state's historic and archaeological resources.

267.12 - Research permits; procedure

This section outlines the process for obtaining a permit to conduct archaeological research on state-owned or state-controlled lands⁷. It specifies application requirements, permit conditions, and reporting obligations.

267.13 - Prohibited practices; penalties

This provision lists the activities prohibited under the Act, such as unauthorized excavation or disturbance of archaeological sites, and establishes penalties for violations⁸.

While these are some of the key sections of the Florida Historical Resources Act, it is essential for project proponents to review the full text of the regulation and consult with the Division of Historical Resources for guidance specific to their undertaking. The Division can provide valuable assistance in navigating the regulatory process and ensuring compliance with the Act's requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Florida Historical Resources Act establishes various standards and limitations to protect and preserve the state's historical resources. These include requirements for the identification, evaluation, and protection of historical resources during development projects⁹. The act also sets standards for the treatment of human remains and associated burial artifacts discovered during development activities¹⁰.

The Florida Department of State, through its Division of Historical Resources, is responsible for implementing and enforcing these standards. This includes reviewing development plans, conducting site inspections, and issuing permits for projects that may impact historical resources¹¹.

Monitoring, Reporting & Recordkeeping Obligations

Under the Florida Historical Resources Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements. These may include:

• Conducting surveys to identify and evaluate potential historical resources within a project area¹²
• Submitting reports on the findings of historical resource surveys and proposed treatment plans
• Maintaining records of all activities related to the identification, evaluation, and protection of historical resources¹³

Developers and consultants should work closely with the Florida Department of State's Division of Historical Resources to understand and fulfill these obligations for their specific projects. The exact nature and extent of monitoring, reporting, and recordkeeping requirements may vary depending on the scope and location of the project.

Enforcement Actions & Penalties

The Florida Department of State has the authority to take enforcement actions against entities that violate the provisions of the Florida Historical Resources Act. These actions may include:

• Issuing notices of violation or non-compliance¹⁴
• Issuing cease and desist orders to stop unauthorized activities¹⁵
• Assessing civil penalties of up to $10,000 per violation¹⁶
• Seeking injunctive relief through the courts to compel compliance or prevent further violations¹⁷

In some cases, violations of the act may also result in criminal penalties, including fines and imprisonment¹⁸.

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the requirements of the Florida Historical Resources Act and engage early with the Division of Historical Resources. Readers should consult the full text of the regulation and work closely with the division to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Florida Historical Resources Act has undergone several significant developments in recent years that have shaped the current regulatory landscape. One of the most notable changes was the amendment to Section 267.031, Florida Statutes, which expanded the powers and duties of the Division of Historical Resources. This amendment, effective as of July 1, 2020, grants the Division the authority to issue permits for the excavation of archaeological sites on state-owned lands, as well as to establish a program for the recognition of significant archaeological sites and artifacts¹⁹.

Another important development was the adoption of Rule 1A-46, Florida Administrative Code, which provides detailed procedures for the issuance of permits for archaeological excavations on state-owned lands²⁰. This rule, which became effective on January 19, 2021, establishes clear requirements for permit applications, including the submission of research designs, artifact curation plans, and final reports.

Looking ahead, stakeholders should be aware of potential future amendments to the Florida Historical Resources Act that may affect the regulation of historical and archaeological resources in the state. One proposed change, currently under consideration by the Florida Legislature, would require the Division of Historical Resources to establish a program for the preservation of submerged cultural resources, such as shipwrecks and prehistoric sites located in state waters²¹.

To stay informed about these and other developments related to the Florida Historical Resources Act, stakeholders can monitor the websites of the Division of Historical Resources and the Florida Department of State, as well as join relevant mailing lists and engage with industry associations such as the Florida Archaeological Council and the Florida Anthropological Society.

Additional Resources

Florida Historical Resources Act, Chapter 267, Florida Statutes: The full text of the Florida Historical Resources Act, including all current amendments.

Rule 1A-46, Florida Administrative Code: The administrative rule governing the issuance of permits for archaeological excavations on state-owned lands in Florida.

Division of Historical Resources, Florida Department of State: The official website of the Division of Historical Resources, providing information on the agency's programs, services, and resources related to the preservation of Florida's historical and archaeological heritage.