267.061 Historic properties; state policy, responsibilities.—
(1) STATE POLICY RELATIVE TO HISTORIC PROPERTIES.—
(a) The rich and unique heritage of historic properties in this state, representing more than 10,000 years of human presence, is an important legacy to be valued and conserved for present and future generations. The destruction of these nonrenewable historical resources will engender a significant loss to the state’s quality of life, economy, and cultural environment. It is therefore declared to be state policy to:
1. Provide leadership in the preservation of the state’s historic resources;
2. Administer state-owned or state-controlled historic resources in a spirit of stewardship and trusteeship;
3. Contribute to the preservation of non-state-owned historic resources and to give encouragement to organizations and individuals undertaking preservation by private means;
4. Foster conditions, using measures that include financial and technical assistance, for a harmonious coexistence of society and state historic resources;
5. Encourage the public and private preservation and utilization of elements of the state’s historically built environment; and
6. Assist local governments to expand and accelerate their historic preservation programs and activities.
(b) It is further declared to be the public policy of the state that all treasure trove, artifacts, and such objects having intrinsic or historical and archaeological value which have been abandoned on state-owned lands or state-owned sovereignty submerged lands shall belong to the state with the title thereto vested in the Division of Historical Resources of the Department of State for the purposes of administration and protection.
(2) RESPONSIBILITIES OF STATE AGENCIES OF THE EXECUTIVE BRANCH.—
(a) Each state agency of the executive branch having direct or indirect jurisdiction over a proposed state or state-assisted undertaking shall, in accordance with state policy and prior to the approval of expenditure of any state funds on the undertaking, consider the effect of the undertaking on any historic property that is included in, or eligible for inclusion in, the National Register of Historic Places. Each such agency shall afford the division a reasonable opportunity to comment with regard to such an undertaking.
(b) Each state agency of the executive branch shall initiate measures in consultation with the division to assure that where, as a result of state action or assistance carried out by such agency, a historic property is to be demolished or substantially altered in a way which adversely affects the character, form, integrity, or other qualities which contribute to historical, architectural, or archaeological value of the property, timely steps are taken to determine that no feasible and prudent alternative to the proposed demolition or alteration exists, and, where no such alternative is determined to exist, to assure that timely steps are taken either to avoid or mitigate the adverse effects, or to undertake an appropriate archaeological salvage excavation or other recovery action to document the property as it existed prior to demolition or alteration.
(c) In consultation with the division, each state agency of the executive branch shall establish a program to locate, inventory, and evaluate all historic properties under the agency’s ownership or control that appear to qualify for the National Register. Each such agency shall exercise caution to assure that any such historic property is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly.
(d) Each state agency of the executive branch shall assume responsibility for the preservation of historic resources which are owned or controlled by such agency. Prior to acquiring, constructing, or leasing buildings for the purpose of carrying out agency responsibilities, the agency shall use, to the maximum extent feasible, historic properties available to the agency. Each agency shall undertake, consistent with the preservation of such properties, the mission of the agency, and the professional standards established pursuant to s. 267.031(5)(k), any preservation actions necessary to carry out the intent of this paragraph.
(e) Each state agency of the executive branch, in seeking to acquire additional space through new construction or lease, shall give preference to the acquisition or use of historic properties when such acquisition or use is determined to be feasible and prudent compared with available alternatives. The acquisition or use of historic properties is considered feasible and prudent if the cost of purchase or lease, the cost of rehabilitation, remodeling, or altering the building to meet compliance standards and the agency’s needs, and the projected costs of maintaining the building and providing utilities and other services is less than or equal to the same costs for available alternatives. The agency shall request the division to assist in determining if the acquisition or use of a historic property is feasible and prudent. Within 60 days after making a determination that additional space is needed, the agency shall request the division to assist in identifying buildings within the appropriate geographic area that are historic properties suitable for acquisition or lease by the agency, whether or not such properties are in need of repair, alteration, or addition.
(f) Consistent with the agency’s mission and authority, all state agencies of the executive branch shall carry out agency programs and projects, including those under which any state assistance is provided, in a manner which is generally sensitive to the preservation of historic properties and shall give consideration to programs and projects which will further the purposes of this section.
(3) DEPARTMENT OF MANAGEMENT SERVICES.—The Department of Management Services, in consultation with the division, shall adopt rules for the renovation of historic properties which are owned or leased by the state. Such rules shall be based on national guidelines for historic renovation, including the standards and guidelines for rehabilitation adopted by the United States Secretary of the Interior.
Cited 29 times | Published | District Court, S.D. Florida | 1983 A.M.C. 966
...Generally, the statute declares that such objects which have been abandoned on state-owned submerged lands "shall belong to the state with title thereto vested in the division of archives, history and records management (hereinafter "Division") ...." Section 267.061(1)(b), Florida Statutes (1979)....
...Thus, the injunction and relief fashioned by this Court will clearly be consistent with Florida's avowed purpose to "[l]ocate, acquire, protect, preserve, and promote the location, acquisition, and preservation of historic sites, ... artifacts, treasure trove and objects of antiquity ...." F.S. § 267.061(2)(a)....
...(6) The division may accept gifts, grants, bequests, loans, and endowments for purposes not inconsistent with its responsibilities under this chapter. (7) All law enforcement agencies and offices are hereby authorized and directed to assist the division in carrying out its duties under this chapter. 267.061 Bureau of historic sites and properties; state policy, responsibilities (1) State policy relative to historic sites and properties: (a) It is hereby declared to be the public policy of the state to protect and preserve historic sites and prop...
...ployment 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. Law Implemented 267.061 FS. HistoryNew 5-7-68, Repealed 1-1-75. 1A-31.02 Scope of law. Section 267.061, Florida Statutes, 1967 shall apply to all abandoned articles of ancient, historic or intrinsic value, recovered 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. Law Implemented 267.061 FS....
...f all new contracts at the time a contract is issued. Specific Authority 267.031(4) FS. Law Implemented 267.031(5) FS. HistoryNew 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. HistoryNew 5-7-68, Repealed 1-1-75. 1A-31.05 Contracts for exploration. Specific Authority 267.031(5) FS. Law Implemented 267.061 FS. HistoryNew 5-7-68, Repealed 1-1-75. 1A-31.06 Contract for salvage. Specific Authority 267.031(5) FS. Law Implemented 267.061 FS....
...ation 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. Law Implemented 267.061 FS....
...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. Law Implemented 267.061(1)(b), 267.061(2)(a) FS....
...r 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. Law Implemented 267.061(2)(a) FS....
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
...DIVISION OF ARCHIVES' CLAIM TO PROPERTY WITHOUT MERIT The portion of the res seized under the warrant of arrest was comprised of articles of salvage recovered from a wreck site located outside the jurisdiction of the State of Florida and on lands not owned or possessed by the State of Florida. Section 267.061(1)(b), Florida Statutes, which purports to vest title in the State does not apply since the property was not on "sovereignty lands of the State." The Division of Archives has no right nor interest in such property other than what might exist under an ultra vires contract between the Division and Treasure Salvors....
...The Division of Archives agreed to convey, at the completion of the salvage operation, 75 percent of the material salvaged. There was at the very least a failure of consideration on the part of the Division under the statute on which the Division relies. Section 267.061(1)(b), Florida Statutes, provides: It is further declared to be the public policy of the state that all treasure trove, artifacts and such objects having intrinsic or historical and archeological value which have been abandoned on sta...
...of a finder or salvager under applicable maritime law. For the State to insist that Chapter 267, Florida Statutes, governs the rights of a finder or salvager would lead to unconstitutionality of acts taken in such reliance. This Court finds that Ch. 267.061 Fla.Stat....
...Because of the Division of Archives' insistence that the statute does control, the Court further finds that under the provision of that chapter, the Division still would not be entitled to prevail in this action for the several reasons previously stated. In the alternative, Ch. 267.061 Fla.Stat....
...This authorization is not limited to the state courts, but even if it were, such a limitation would be void and an intrusion by the State into an exclusive Federal domain, i. e., admiralty, where the claim is based upon the general maritime law. The Division of Archives claims title under Section 267.061, Florida Statutes, purporting to vest title in the Department of Archives....
...ve historic artifacts without a permit. Counsel for Florida requested a temporary restraining order to protect its claim of tile and ownership to the alleged vessel embedded in submerged lands located within its territorial waters. See Fla.Stat.Ann. § 267.061 (1990)....
...doned on state-owned lands or state-owned sovereignty submerged lands shall belong to the state and the title thereto vested in the Division of Historical Resources of the Department of State for the purposes of administration and protection. F.S.A. § 267.061(1)(b)....
...Here, we have no similar waiver of sovereign immunity. Further, we agree with Judge Ramsey "that there is no comprehensive federal statutory scheme regulating the recovery of marine antiquities from state submerged lands...." Subaqueous Exploration, 577 F.Supp. at 610. Florida Statute section 267.061, which vests title in the state to historical artifacts is not in direct conflict with the Antiquities Act, 16 U.S.C....
...at ¶ 17]. Further, the complaint asserts that JWI's excavation constitutes dredging, F.S.A. § 403.911(2), and that in order to engage in such activity a permit is required. F.S.A. § 403.913(1). Finally, the Complaint asserts that pursuant to Fla. Stat. § 267.061, the State has asserted title to the treasure trove located within the state-owned submerged lands, and that a permit is required to look for and excavate historic artifacts on state owned land....
...dispute to the state of Florida. Again, we disagree.
When this case was first filed, Florida intervened in the action and claimed
ownership of the cannon under the Florida Archives and History Act, Fla. Stat. ch.
267. See Cobb Coin, 549 F. Supp. at 544. Section 267.061(1)(b) says that “all
treasure trove, artifacts, and such objects having intrinsic or historical and
archaeological value which have been abandoned on state-owned lands or state-
owned sovereignty submerged lands shall belong to the state” with the title to the
property vested in the Division of Historical Resources of the Department of State.
Fla. Stat. § 267.061(1)(b)....
Cited 5 times | Published | Florida 3rd District Court of Appeal | 1994 WL 617203
...Historic preservation is part and parcel of an expanded concept of public welfare seeking to bring mellifluous harmony to our communities to value and conserve the unique heritage of our past in order to enrich the quality of life for our present and future generations. See § 267.061(1)(a), Fla....
historic properties which is contained in section 267.061, Florida Statutes: 267.061. Historic properties;
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
