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Florida Statute 267.031 - Full Text and Legal Analysis
Florida Statute 267.031 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 267
HISTORICAL RESOURCES
View Entire Chapter
267.031 Division of Historical Resources; powers and duties.
(1) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this chapter conferring duties upon it.
(2) The division may make and enter into all contracts and agreements with other agencies, organizations, associations, corporations and individuals, or federal agencies as it may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter.
(3) The division may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter. The division may also establish an endowment that is consistent with the responsibilities of this chapter.
(4) All law enforcement agencies and offices are authorized and directed to assist the division in carrying out its duties under this chapter.
(5) It is the responsibility of the division to:
(a) Cooperate with federal and state agencies, local governments, and private organizations and individuals to direct and conduct a comprehensive statewide survey of historic resources and to maintain an inventory of such resources.
(b) Develop a comprehensive statewide historic preservation plan.
(c) Identify and nominate through the State Historic Preservation Officer eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties in the National Register.
(d) Cooperate with federal and state agencies, local governments, and organizations and individuals to ensure that historic resources are taken into consideration at all levels of planning and development.
(e) Advise and assist, as appropriate, federal and state agencies and local governments in carrying out their historic preservation responsibilities and programs.
(f) Provide public information, education, and technical assistance relating to historic preservation programs.
(g) Cooperate with local governments and organizations and individuals in the development of local historic preservation programs, including the Main Street Program of the National Trust for Historic Preservation, or any similar programs that may be developed by the division.
(h) Carry out on behalf of the state the programs of the National Historic Preservation Act of 1966, as amended, and to establish, maintain, and administer a state historic preservation program meeting the requirements of an approved program and fulfilling the responsibilities of state historic preservation programs as provided in s. 101(b) of that act.
(i) Take such other actions necessary or appropriate to locate, acquire, protect, preserve, operate, interpret, and promote the location, acquisition, protection, preservation, operation, and interpretation of historic resources to foster an appreciation of Florida history and culture. Prior to the acquisition, preservation, interpretation, or operation of a historic property by a state agency, the division shall be provided a reasonable opportunity to review and comment on the proposed undertaking and shall determine that there exists historical authenticity and a feasible means of providing for the preservation, interpretation, and operation of such property. Expenditures by the division to protect or preserve historic properties leased by the division from the Board of Trustees of the Internal Improvement Trust Fund may be exempt from the competitive bid requirements of chapters 255 and 287.
(j) Cooperate and coordinate with the Division of Recreation and Parks of the Department of Environmental Protection in the operation and management of historic properties or resources subject to review under s. 267.061(2) by the Division of Historical Resources.
(k) Establish professional standards for the preservation, exclusive of acquisition, of historic resources in state ownership or control.
(l) Establish guidelines for state agency responsibilities under s. 267.061(2).
(m) Establish and maintain a central inventory of historic properties for the state which shall consist of all such properties as may be reported to the division. This inventory shall be known as the Florida Master Site File.
(n) Protect and administer historical resources abandoned on state-owned lands or on state-owned sovereignty submerged lands. The division may issue permits for survey and exploration activities to identify historical resources and may issue permits for excavation and salvage activities to recover historical resources. The division may issue permits for archaeological excavation for scientific or educational purposes on state-owned lands or on state-owned sovereignty submerged lands. The division may also issue permits for exploration and salvage of historic shipwreck sites by commercial salvors on state-owned sovereignty submerged lands. The division shall adopt rules to administer the issuance of permits for all such activities. In addition, the division shall adopt rules to administer the transfer of objects recovered by commercial salvors under permit in exchange for recovery services provided to the state.
(o) Advise and assist, as appropriate, federal and state agencies, local governments, and organizations and individuals in the recognition, protection, and preservation of the archaeological sites and artifacts of this state, directly and through a memorandum of agreement with a network of public archaeology centers as described in s. 267.145.
(6) The division may enter into a memorandum of agreement with the University of West Florida to coordinate the establishment and operation of a network of regional public archaeology centers to provide public outreach and assistance to local governments in identifying, evaluating, developing, and preserving the archaeology in their local areas and in assisting the division in its archaeological responsibilities as outlined in this chapter and the memorandum of agreement.
(7) The division shall employ a State Archaeologist, and such other archaeologists as deemed necessary, who shall possess such qualifications as the division may prescribe. The State Archaeologist shall serve at the pleasure of the division director and shall have his or her duties prescribed by the division director.
(8) The division shall employ a State Historic Preservation Officer, qualified by special training or experience in the field of historic preservation, and such other specialists in the field of historic preservation as deemed necessary, who shall possess such qualifications as the division may prescribe. The State Historic Preservation Officer shall be designated as such by the Governor, upon the recommendation of the Secretary of State, and shall serve at the pleasure of the Secretary of State. The State Historic Preservation Officer shall conduct relations with representatives of the Federal Government and the respective states concerning matters of historic preservation, and shall perform such other duties as prescribed by the Secretary of State.
History.s. 3, ch. 67-50; ss. 10, 25, 27, 35, ch. 69-106; s. 73, ch. 71-377; s. 1, ch. 73-280; s. 4, ch. 78-323; s. 1, ch. 81-173; s. 11, ch. 83-85; s. 130, ch. 83-217; s. 44, ch. 86-163; s. 54, ch. 98-200; s. 10, ch. 2001-75; s. 3, ch. 2001-199; s. 1, ch. 2004-91; s. 13, ch. 2005-207; s. 2, ch. 2008-141.

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Amendments to 267.031


Annotations, Discussions, Cases:

Cases Citing Statute 267.031

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel, 549 F. Supp. 540 (S.D. Fla. 1982).

Cited 36 times | Published | District Court, S.D. Florida | 1983 A.M.C. 1018, 1982 U.S. Dist. LEXIS 9850

...ts, to dispose of all articles brought up from the site of this wreck from the inception of the lawsuit. [4] Cobb Coin, 525 F.Supp. at 194-97. 3. This case is governed by the federal maritime law of salvage, not the Florida Archives and History Act, § 267.031, .061, .10, .12, .13, and .14, Fla.Stat.Ann....
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Cobb Coin Co. v. Unidentified, Wrecked & Abandoned Sailing Vessel, 525 F. Supp. 186 (S.D. Fla. 1981).

Cited 29 times | Published | District Court, S.D. Florida | 1983 A.M.C. 966

...the event the State's agents, employees, or attorneys disobey this Order or attempt to interfere with the admiralty jurisdiction of the United States District Court. APPENDIX A PERTINENT PROVISIONS OF THE FLORIDA ARCHIVES AND HISTORY ACT CHAPTER 267 267.031 Division of archives, history and records management (1) The division of archives, history and records management shall be organized into as many bureaus as deemed necessary by the division for the proper discharge of its duties and responsib...
...tation of contracts 1A-31.08 Employment contracts 1A-31.09 Ownership and payment for recovery 1A-31.10 Supervision 1A-31.11 Boats to carry identification 1A-31.12 Penalty; unauthorized exploration and salvage. 1A-31.01 Definition. Specific Authority 267.031(5) FS....
...red on or beneath lands, where title is vested in State of Florida or any state agency, and all state-owned sovereignty submerged lands. Any unauthorized recovery of these articles from said lands shall be punishable, upon conviction, as provided in Section 267.031(5), Florida Statutes, 1967. Specific Authority 267.031(4) FS....
...all forfeit any and all claims to material recovered under the terms of the contract. (6) The trustees of the Internal Improvement Trust Fund shall be notified by the Division of all new contracts at the time a contract is issued. Specific Authority 267.031(4) FS. Law Implemented 267.031(5) FS. History—New 5-7-68, Revised 1-1-75. 1A-31.04 Declaration of ownership by state. Specific Authority 267.031(5) FS. Law Implemented 267.061 FS. History—New 5-7-68, Repealed 1-1-75. 1A-31.05 Contracts for exploration. Specific Authority 267.031(5) FS. Law Implemented 267.061 FS. History—New 5-7-68, Repealed 1-1-75. 1A-31.06 Contract for salvage. Specific Authority 267.031(5) FS....
...l themselves conduct the exploration or salvage, and who will remain solely answerable to the Division for the conduct of its operations and the proper accounting of materials located and recovered under the terms of the contract. Specific Authority 267.031(4) FS....
...The Division will not approve such employment contracts, and will consider any contract for exploration or salvage as subject to cancellation if the principal party thereto does not retain primary responsibility for the actual exploration and salvage operations. Specific Authority 267.031(4) FS. Law Implemented 267.031(5) FS....
...All recovered artifacts shall be retained in such a place and manner as approved by the Division. At the time of the payment for recovery by those having contracts for salvage with the Division there shall be present such agent or agents of the Division as the Division shall deem necessary and appropriate. Specific Authority 267.031(4) FS....
...All visitors or guests on board the contract vessel shall be recorded by the field agent on board, and recorded in the "Record (Log) of Daily Activities" by the person in charge, which record shall include: name, birthdate and address of each guest. Specific Authority 267.031(4) FS. Law Implemented 267.031(5) FS....
...vessel engaged in the search or salvage operations. (5) All boats working salvage or exploration contracts with state representatives on *227 board shall be required to show evidence of quarterly Coast Guard Auxiliary inspection. Specific Authority 267.031(4) FS....
...oats, instruments, and other equipment used in connection with such violation are hereby declared to be nuisances and shall be seized and carried before the court having jurisdiction of such offense for proper disposition thereof. Specific Authority 267.031(4) FS. Law Implemented 267.031(4), 278.061 FS....
...(4) Professional quality research shall mean research conducted by persons with professional archaeological expertise and in a manner consistent with the "Code of Ethics" and "Standards of Research Performance" of the Society of Professional Archaeologists. Specific Authority 267.031(4) FS....
...etive reconstruction or restoration project; and, (5) Adequate funding capability must be available to full implement the proposed research plan, including field work, laboratory analysis and processing and manuscript preparation. Specific Authority 267.031(14) FS....
...ormation clarification. In the event the Division requests clarification of one or more items in the written notification, the 15 day response obligation will take effect upon receipt of the additional information by the Division. Specific Authority 267.031(4) FS....
...ority during the proposed research project; and, (d) Total fiscal resources available for publication requirements. (2) Completed permit applications must be submitted to the Division prior to the project research initiation date. Specific Authority 267.031(4) FS....
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Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel, 459 F. Supp. 507 (S.D. Fla. 1978).

Cited 21 times | Published | District Court, S.D. Florida | 1980 A.M.C. 646, 26 Fed. R. Serv. 2d 121, 1978 U.S. Dist. LEXIS 15924

...wned sovereignty submerged lands shall belong to the state with the title thereto vested in the division *523 of archives, history, and records management of the department of state for the purpose of administration and protection. [Emphasis added]. Section 267.031(5), Florida Statutes, authorizes the Division of Archives to enter into contracts which are "necessary, expedient, or incidental to the performance of its duties or the execution of its powers under this chapter." Since the property w...

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