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Florida Statute 267.12 - Full Text and Legal Analysis
Florida Statute 267.12 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 267.12 Case Law from Google Scholar Google Search for Amendments to 267.12

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 267
HISTORICAL RESOURCES
View Entire Chapter
267.12 Research permits; procedure.
(1) As used in this section and s. 267.13, the term “water authority” means an independent special district created by special act whose purpose is to control and conserve freshwater resources. The term does not include any water management district created pursuant to s. 373.069.
(2) The division may issue permits for excavation and surface reconnaissance on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone to institutions that the division deems to be properly qualified to conduct such activity, subject to such rules and regulations as the division may prescribe, provided such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies that possess or will secure the archaeological expertise for the performance of systematic archaeological field research, comprehensive analysis, and interpretation in the form of publishable reports and monographs, such reports to be submitted to the division.
(3) Those state institutions considered by the division permanently to possess the required archaeological expertise to conduct the archaeological activities allowed under the permit may be designated as accredited institutions which will be allowed to conduct archaeological field activities on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone without obtaining an individual permit for each project, except that those accredited institutions will be required to give prior written notice of all anticipated archaeological field activities on land owned or controlled by the state, land owned by a water authority, or land within the boundaries of a designated state archaeological landmark or landmark zone to the division, together with such information as may reasonably be required by the division to ensure the proper preservation, protection, and excavation of the archaeological resources. However, archaeological activity may not be commenced by the accredited institution until the division has determined that the planned project will be in conformity with the guidelines, regulations, and criteria adopted pursuant to ss. 267.11-267.14. Such determination will be made by the division and notification to the institution given within 15 days after receipt of the prior notification by the division.
(4) All specimens collected under a permit issued by the division or under the procedures adopted for accredited institutions shall belong to the state with the title thereto vested in the division for the purpose of administration and protection. The division may arrange for the disposition of the specimens so collected by accredited state institutions at those institutions and for the temporary or permanent loan of such specimens at permitholding institutions for the purpose of further scientific study, interpretative displays, and curatorial responsibilities.
History.s. 1, ch. 73-166; s. 56, ch. 86-163; s. 1, ch. 2013-204.

F.S. 267.12 on Google Scholar

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Amendments to 267.12


Annotations, Discussions, Cases:

Cases Citing Statute 267.12

Total Results: 2  |  Sort by: Relevance  |  Newest First

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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

...of such landmarks as "state archeological landmark zones." F.S. § 267.11. It further authorizes the Division to issue permits to qualified parties for excavation and surface reconnaissance on state lands or within landmarks or landmark zones. F.S. § 267.12(1). The statute declares that artifacts recovered belong to the State, F.S. § 267.12(2), and that the Division "may arrange for the disposition of the specimens so collected ...." F.S. § 267.12(3)....
...nated state archaeological landmark or landmark zone shall be given written notification of such designation by the division. Once so designated, no person may conduct field investigation activities without first securing a permit from the division. 267.12 Research permits; procedure (1) The division may issue permits for excavation and surface reconnaissance on state lands or lands within the boundaries of designated state archaeological landmarks or landmark zones to institutions which the div...
...of Professional Archaeologists, particularly in respect to facilities and support services for the successful, professional conduct of archaeological field research. (2) Non-Accredited Institution shall mean all other institutions as provided in Subsection 267.12(1), Florida Statutes....
...(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. Law Implemented 267.12 FS....
...essing *228 such, as well as the necessary supportive material regarding proposed Archaeological Research upon state-owned lands, state-owned sovereignty submerged lands, Archaeological landmarks and Archaeological landmark zones. Specific Authority 267.12(1) FS. Law Implemented 267.12 FS. History—New 1-1-75. 1A-32.03 Criteria for evaluating research requests. The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, Florida Statutes, 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....
...ion 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. Law Implemented 267.12 FS. History—New 1-1-75, Amended 9-7-78. 1A-32.04 Notification requirements for accredited institutions. (1) A written notification to the Division by; accredited institutions requesting approval for archaeological research according to Subsection 267.12(2), Florida Statutes, must be submitted prior to scheduled project initiation....
...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. Law Implemented 267.12(2) FS. History—New 1-1-75, Amended 9-7-78. 1A-32.05 Application requirements for non-accredited institutions. *229 (1) Non-accredited institutions desiring to conduct research under Subsection 267.12(1), Florida Statutes, must apply to the Division for a research permit for each and every proposed project....
...rch 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. Law Implemented 267.12(1) FS....
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Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel, 691 F. Supp. 1377 (S.D. Fla. 1988).

Cited 12 times | Published | District Court, S.D. Florida | 1988 A.M.C. 2705, 1988 U.S. Dist. LEXIS 7271, 1988 WL 73386

...ivision of Historical Resources of the Department of State for the purposes of administration and protection. F.S.A. § 267.061(1)(b). Accordingly, the State requires that permits be obtained for the research of historic sites on state lands, F.S.A. § 267.12(1), and the specimens collected by such research "belong to the state with the title vested in the [DHR] for the purpose of administration and protection." F.S.A. § 267.12(3)....
...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. F.S. A. § 267.12....