Put away your metal detectors sheeple

signumops

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Currently in the Florida legislature....

Don't know why this did not come to our forum sooner. I just got word me self. They've struck out exceptions and now claim ANY land.
And to try the end run, you only get an ADMINISTRATIVE hearing, no trial.


Florida Senate - 2012 SB 868



By Senator Hays




20-00420E-12 2012868__
1 A bill to be entitled
2 An act relating to archaeological sites and specimens;
3 amending s. 267.13, F.S.; providing that specified
4 activities relating to archaeological sites and
5 specimens located upon land owned or controlled by a
6 political subdivision or a special district created by
7 the Legislature are prohibited and subject to
8 penalties; authorizing the Division of Historical
9 Resources of the Department of State to impose an
10 administrative fine on and seek injunctive relief
11 against certain entities; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1.ā€ƒSubsections (1) and (2) of section 267.13,
16 Florida Statutes, are amended to read:
17 267.13ā€ƒProhibited practices; penalties.ā€”
18 (1)(a)ā€ƒAny person who by means other than excavation either
19 conducts archaeological field investigations on, or removes or
20 attempts to remove, or defaces, destroys, or otherwise alters
21 any archaeological site or specimen located upon, any land,
22 including state sovereignty submerged land, owned or controlled
23 by the state, a political subdivision, or a special district
24 created by the Legislature, or within the boundaries of a
25 designated state archaeological landmark or landmark zone,
26 except in the course of activities pursued under the authority
27 of a permit or under procedures relating to accredited
28 institutions granted by the division, commits a misdemeanor of
29 the first degree, punishable as provided in s. 775.082 or s.
30 775.083, and, in addition, shall forfeit to the state all
31 specimens, objects, and materials collected, together with all
32 photographs and records relating to such material.
33 (b)ā€ƒAny person who by means of excavation either conducts
34 archaeological field investigations on, or removes or attempts
35 to remove, or defaces, destroys, or otherwise alters any
36 archaeological site or specimen located upon, any land,
37 including state sovereignty submerged land, owned or controlled
38 by the state, a political subdivision, or a special district
39 created by the Legislature, or within the boundaries of a
40 designated state archaeological landmark or landmark zone,
41 except in the course of activities pursued under the authority
42 of a permit or under procedures relating to accredited
43 institutions granted by the division, commits a felony of the
44 third degree, punishable as provided in s. 775.082, s. 775.083,
45 or s. 775.084, and any vehicle or equipment of any person used
46 in connection with the violation is subject to forfeiture to the
47 state if it is determined by any court of law that the vehicle
48 or equipment was involved in the violation. Such person shall
49 forfeit to the state all specimens, objects, and materials
50 collected or excavated, together with all photographs and
51 records relating to such material. The court may also order the
52 defendant to make restitution to the state for the
53 archaeological or commercial value and cost of restoration and
54 repair as defined in subsection (4).
55 (c)ā€ƒAny person who offers for sale or exchange any object
56 with knowledge that it has previously been collected or
57 excavated in violation of any of the terms of ss. 267.11-267.14,
58 or who procures, counsels, solicits, or employs any other person
59 to violate any prohibition contained in ss. 267.11-267.14 or to
60 sell, purchase, exchange, transport, receive, or offer to sell,
61 purchase, or exchange any archaeological resource excavated or
62 removed from any land, including state sovereignty submerged
63 land, owned or controlled by the state, a political subdivision,
64 or a special district created by the Legislature, or within the
65 boundaries of a designated state archaeological landmark or
66 landmark zone, except with the express consent of the division,
67 commits a felony of the third degree, punishable as provided in
68 s. 775.082, s. 775.083, or s. 775.084, and any vehicle or
69 equipment of any person used in connection with the violation is
70 subject to forfeiture to the state if it is determined by any
71 court of law that such vehicle or equipment was involved in the
72 violation. All specimens, objects, and material collected or
73 excavated, together with all photographs and records relating to
74 such material, shall be forfeited to the state. The court may
75 also order the defendant to make restitution to the state for
76 the archaeological or commercial value and cost of restoration
77 and repair as defined in subsection (4).
78 (2)(a)ā€ƒThe division may institute an administrative
79 proceeding to impose an administrative fine of not more than
80 $500 a day on any person or business organization that, without
81 written permission of the division, explores for, salvages, or
82 excavates treasure trove, artifacts, sunken or abandoned ships,
83 or other objects having historical or archaeological value
84 located upon any land on state-owned or state-controlled lands,
85 including state sovereignty submerged land, owned or controlled
86 by the state, a political subdivision, or a special district
87 created by the Legislature lands.
88 (b)ā€ƒThe division shall institute an administrative
89 proceeding by serving written notice of a violation by certified
90 mail upon the alleged violator. The notice shall specify the law
91 or rule allegedly violated and the facts upon which the
92 allegation is based. The notice shall also specify the amount of
93 the administrative fine sought by the division. The fine is
94 shall not become due until after service of notice and an
95 administrative hearing. However, the alleged violator has shall
96 have 20 days after from service of notice to request an
97 administrative hearing. Failure to respond within that time
98 constitutes shall constitute a waiver, and the fine becomes
99 shall become due without a hearing.
100 (c)ā€ƒThe division may enter its judgment for the amount of
101 the administrative penalty imposed in a court of competent
102 jurisdiction, pursuant to s. 120.69. The judgment may be
103 enforced as any other judgment.
104 (d)ā€ƒThe division may apply to a court of competent
105 jurisdiction for injunctive relief against any person or
106 business organization that explores for, salvages, or excavates
107 treasure trove, artifacts, sunken or abandoned ships, or other
108 objects having historical or archaeological value located upon
109 any on state-owned or state-controlled land, including state
110 sovereignty submerged land, owned or controlled by the state, a
111 political subdivision, or a special district created by the
112 Legislature without the written permission of the division.
113 (e)ā€ƒThe division shall adopt rules pursuant to ss.
114 120.536(1) and 120.54 to administer implement the provisions of
115 this section.
116 Section 2.ā€ƒThis act shall take effect July 1, 2012.
 

OP
OP
signumops

signumops

Hero Member
Feb 28, 2007
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Be aware that the bill has been amended to cover only state controlled lands, however, let's say you're beach detecting and find a 51 year old coin. $500.00 fine ? Turn coin over to BAR? Can you auction your find off with provenience? Got an old anchor in your yard... old cannon maybe? How bout all you bottle collectors? Can you go dinking for bottles in the lagoons or lakes? Can you be fined for having a photo of an artifact you no longer possess?
 

FISHEYE

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Feb 27, 2004
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This has to be stopped.Is there a public meeting time and date set on this?If so every th'er,treasure hunter,retailer or anyone in the biz
needs to show up.This is far worse than the change to the permitting before.I just reposted what you wrote,terry on FB
 

FISHEYE

Bronze Member
Feb 27, 2004
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Primary Interest:
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Governmental Oversight and Accountability Committee
BILL: CS/ SB 868
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Hays
SUBJECT: Archaeological Sites and Specimens
DATE: February 2, 2012
ANALYST
STAFF DIRECTOR
REFERENCE
ACTION
1.
Jenkins
Roberts
GO
Fav/CS
2.
BC
3.
4.
5.
6.
Please see Section VIII. for Additional Information:
A. COMMITTEE SUBSTITUTE.....
X
Statement of Substantial Changes
B. AMENDMENTS........................
Technical amendments were recommended
Amendments were recommended
Significant amendments were recommended
I. Summary:
Currently, Florida law prohibits persons from conducting archaeological field investigations on, or removing or attempting to remove, or deface, destroy, or otherwise alter any archaeological site or specimen located upon any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except under the authority of a permit granted by the division. Persons engaging in these activities can face criminal penalties, administrative fines, and the forfeiture of any collected materials.
CS/SB 868 expands the area where unauthorized archaeological activity is prohibited to include state sovereignty submerged land and land owned by political subdivisions, and authorizes the Division to issue permits for archaeological research at these locations.
This bill substantially amends ss. 267.12(1), 267.12(2), 267.13(1), and 267.13(2) of the Florida Statutes.
REVISED:
BILL: CS/ SB 868 Page 2
II. Present Situation:
State Policy Relative to Historic Properties
Section 267.061, F.S., provides the ā€œState Policy Relative to Historic Properties.ā€ This policy acknowledges that 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, and that the destruction of these nonrenewable historical resources will engender a significant loss to the stateā€™s quality of life, economy, and cultural environment. It is the policy of the state to:
ļ‚· Provide leadership in the preservation of the stateā€™s historic resources; Administer state-owned or state-controlled historic resources in a spirit of stewardship and trusteeship; Contribute to the preservation of non-state-owned historic resources and to give encouragement to organizations and individuals undertaking preservation by private means; Foster conditions, using measures that include financial and technical assistance, for a harmonious coexistence of society and state historic resources; Encourage the public and private preservation and utilization of elements of the stateā€™s historically built environment; and Assist local governments to expand and accelerate their historic preservation programs and activities.1
This policy also provides that all treasure trove, artifacts, and objects having intrinsic or historical and archaeological value, which have been abandoned on state-owned lands or state-owned sovereignty submerged lands, 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
State Archaeological Landmarks and Landmark Zones
The Division of Historical Resources (Division) may designate an archaeological site of significance to the scientific study or public representation of the stateā€™s historical, prehistoric, or aboriginal past as a ā€œstate archaeological landmark.ā€3 In addition, the Division may designate an interrelated grouping of significant archaeological sites as a ā€œstate archaeological landmark zone.ā€4 No site or grouping of sites can be designated without the express written consent of a private owner.5 Upon designation of an archaeological site, the owners and occupants are given written notification by the Division.6 Once so designated, no person may conduct field investigation activities on the site without first securing a permit from the Division.7
1 Section 267.061(1)(a), F.S.
2 Section 267.061(1)(b), F.S.
3 Section 267.11, F.S.
4 Id.
5 Id.
6 Id.
7 Id.
BILL: CS/ SB 868 Page 3
Archaeological Research Permits
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 Division deems to be properly qualified to conduct such activity, subject to Division rules and regulations, 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.8
Those state institutions considered by the Division to permanently possess the required archaeological expertise to conduct the archaeological activities permissible under the provisions of a permit may be designated as accredited institutions.9 These institutions are allowed to conduct archaeological field activities on state-owned or controlled lands or within the boundaries of any designated state archaeological landmark or any landmark zone without obtaining an individual permit for each project.10 The institutions are required to give prior written notice of all anticipated archaeological field activities, together with such information as may reasonably be required by the Division to ensure the proper preservation, protection, and excavation of archaeological resources.11 However, no archaeological activity can be commenced by the accredited institution until the Division determines that the planned project is in conformity with guidelines, regulations, and criteria.12 Such determination is made by the Division within 15 days from the date of notification.13
Prohibited Archaeological Practices and Penalties
Any person who by means other than excavation conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit granted by the Division or under procedures relating to accredited institutions, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, F.S., and, in addition, forfeits to the state all specimens, objects and materials collected, together with all photographs and records relating to such material.14
A person who engages in the same conduct by means of excavation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S., and any vehicle or equipment used in connection with the violation is subject to forfeiture to the state. Such person may be ordered by the court to make restitution to the state for the archaeological or commercial
8 Section 267.12., F.S.
9 Id.
10 Id.
11 Id.
12 Id.
13 Id.
14 Section 267.13(1)(a), F.S.
BILL: CS/ SB 868 Page 4
value and cost of restoration and repair.15 Individuals also are prohibited, and subject to criminal penalties, for selling or procuring archaeological objects which have been collected in violation of state law.16
The Division additionally has authority to institute administrative proceedings to impose an administrative fines of not more than $500 a day on, and apply to a court of competent jurisdiction for injunctive relief against, any person or business organization that, without written permission of the Division, explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled lands, including state sovereignty submerged lands.17
III. Effect of Proposed Changes:
CS/SB 868 expands the provisions contained in s. 267.13, F.S., related to prohibited archaeological practices and penalties to include state sovereignty submerged land and land owned by political subdivisions as defined by s. 1.01(8), F.S.18 Any specimens, objects, and materials collected in violation of the law are forfeited to the state. The bill also amends s. 267.12, F.S., to provide the Division of Historical Resources with the authority to issue permits for archaeological research permits at these locations.
Currently, the statutes only apply to land owned or controlled by the state, or within the boundaries of a designated state archaeological landmark or landmark zone. Thus, the bill affords other public landowners, who are not covered by current laws and limited to other remedies such as trespass after warning,19 greater ability to deter persons from searching for archeological finds on their property, while allowing permitting for legitimate archaeological research.
The bill has an effective date of July 1, 2012.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
15 Section 267.13(1)(b), F.S.
16 Section 267.13(1)(c), F.S.
17 Section 267.13(2), F.S.
18 See, s. 1.01(8), F.S., which defines ā€œpolitical subdivisionsā€ to include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state.
19 See, s. 810.09, F.S.
BILL: CS/ SB 868 Page 5
C. Trust Funds Restrictions:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Revenues: Expanding the prohibition of specified activities relating to archaeological sites and resources could result in the collection of additional fines. Between 2004 and 2006, a total of $6,493.13 was collected pursuant to s. 267.13, F.S. No fines have been collected since 2006.20
Expenditures: Expanding the prohibition of specified activities relating to archaeological sites and resources could result in the need for additional staff time and resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Additional Information:
A. Committee Substitute ā€“ Statement of Substantial Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Governmental Oversight and Accountability on February 7, 2012: ļ‚· Deletes the reference to ā€œspecial districts created by the Legislatureā€ as those entities are included in the definition of the term ā€œpolitical subdivision.ā€ Adds language that authorizes the Division to issue permits for archaeological research on state sovereignty land and land owned by political subdivisions. Makes technical changes to the bill.
B. Amendments:
None.
20 Department of State analysis of SB 868, dated December 8, 2011.
BILL: CS/ SB 868 Page 6
This Senate Bill Analysis does not reflect the intent or official position of the billā€™s introducer or the Florida Senate.
 

ivan salis

Gold Member
Feb 5, 2007
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uh hello how about the fact that people ( read this as "tourist" ) come expressly to florida to metal detect our beaches - in hopes of finding a spanish "treasure" coin on our "publc" beaches - many of these beaches are in "state parks" or state controlled lands -- that activity would become a "illegal" activity under these new rules -- thus driving metal detectorist type tourist away from florida beaches to "other detectorist freindly places" instead *-- uh no "fiscal impact" on the "private sector" -- uh excuse me but thats total BS -- it will hurt tourism here in florida , -what are you nuts people ? --tourism is one of our leading money makers here in florida , folks.
 

Zephyr

Hero Member
Nov 26, 2006
600
13
In other words "This policy acknowledges that the rich and unique heritage of historic properties in this state, representing more than 10,000 years of human presence", they can apply this to the whole state, even private property (eventually), since any part of it may have "historic properties" buried somewhere on it.
The sponsors of this bill need to be voted out hard. Letting them know that ahead of time might give them second thoughts and remind them they need to concentrate on the real problems this state has....
 

FISHEYE

Bronze Member
Feb 27, 2004
2,333
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Primary Interest:
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If this bill passes,its really going to be bad for the tourist that comes here and collects sea shells on the beaches to take home as the shells are possibly 10,000 years old.Oh and the sand that they bring back stuck to their shoes too.
 

cornelis 816

Sr. Member
Sep 3, 2010
466
47
I came to Florida every year . I stayed mostly more than a month and dropped about 2000 $ every time . I have made my mind up not to come to Florida any more . This State is no longer friendly to tourists . I rather stay a little longer in California and Oregon . Will I Miss Florida ? Yes I will mis it dearly but nobody will stay in a place that is so unfriendly toward a regular THĆ©r. Cornelius ( maybe this will make some of you happy ! )
 

old man

Bronze Member
Aug 12, 2003
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I think it's time for someone to start a lobby we can contribute to, so we can address these types of things in the legislature. Then you guys in Florida need to start a drive to vote the bums out of office that brought this bill forth. :icon_pirat:
 

ScubaFinder

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Sickening! So the old man who detects the beaches for exercise happens to find a 1950 Quarter. He sells it to a coin shop, and there-by becomes a 3rd degree felon? :BangHead: :help:

Under this bill, my snorkeling and beach combing trip to Indian Rocks Beach this weekend would have netted me a $500 fine, a 3rd degree misdemeanor, and oh wait, I found some very old stuff and I put it in my car. Therefore, the state could take my car because it was used in committing my crime. Wait, Jennifer carried some of it to the car, can they take my girl too?

Three Letters - W T F
 

cornelis 816

Sr. Member
Sep 3, 2010
466
47
This is not only criminal behaviour of the State . it is just downright scary to come to Florida for some relexation . No sir , I know enough now . Stay away from this area and the freedom to all slogan . There is another county in this world where the state owns everything . It is Called Russia . Cornelius
 

G.A.P.metal

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I don`t go to Fla. to detect But BUT BUT
If anyone in Florida can get a phone # we could flood their switchboards with complaints. Tell them we are not coming to Fla. even if we don`t go there.
If anyone in Florida can get an address we could send letters to the Bums and let them know we aren`t coming there anymore.
This kind of nonsence has got to stop and for (evil to pervale good people just say nothing).
Lets orgnise and get something going,people should be picketing out in front of the Florida State Senate building with the names of the Bums on their signs.People in Florida, find out their names send letters to the newspaper of the names of the bums telling of the the money that will be lost.
People of Florida you are the owners of that State these Bumbs are the hired man no better that the guy who mowes your lawn you hired them fire them VOTE THE BUMBS OUT.
Gary G.A.P.metal
 

Bum Luck

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As some of you know, I am planning a trip to Fla in a few months, but I will be rethinking this destination.

-total estimated metal detecting time: 4 hours (realistically)

-Chance of finding a silver cob: roughly Zero

-Do I care? no. I would love it.

-Probable money dropped on trip: $3000

Florida sells dreams, not nightmares. This legislation is a nightmare.

Show me an archie with any ambition. If it were up to them, history would NEVER be brought to light, especially to us 'commoners', AKA Taxpayers.
 

Shawmen

Jr. Member
Sep 7, 2010
61
4
Tango Charlie

Well I guess after it goes into effect make sure you have a Florida fishing license, and everything you find was found in a fishes belly!! Man, the Bahamas are looking better and better...
 

Tom_in_CA

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You all are mis-interpretting this. Notice it only applies to " .... any archaeological site ...." The whole state of FL and all beaches there are not an "archaeological site" ! To get such a designation, the location has to individually be declared such, to be such. Read further, and you will see the protocols for having some part of govt. land be declared an "archaeological site". You know, like there has to be some reason, an archie study, etc.... And logic dictates that if a site needs to be declared "archaeologically significant", in order to receive this designation, then .... DUH, it was not an "archaeological site" PRIOR to receiving the designation.

This is the same mistake made often time for KY land, where the same distinction/wording occurs already, and some people made the mistake of thinking that all KY public land was off-limits. It wasn't. Only those lands deemed/designated as "archaeological sites".

Read it carefully in the context I'm saying, and you'll see this is the way it reads. People are getting all caught up too much in the "all public lands..." part, without seeing that it's .... yes .... all public land that HAS BEEN DEEMED AN ARCHAEOLOGICAL SITE :read2: (and no, the entire state's public lands have not been designated an archaeological site!!)
 

buyitagain

Tenderfoot
Oct 7, 2008
7
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Well I just changed my travel plans for this summer and will look to go west instead.....I think people in office feel they have to submit bills even if they are stupid,...It happens in my state also, they want to tax pop because fat people drink it....duh.....
 

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signumops

signumops

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The bill is in committee today. Here are the senator's email adds as string for pasting

[email protected]
ov;benacquisto.lizbeth.web@flsena
te.gov;alexander.jd.web@flsen
ate.gov;bennett.mike.web@flse
nate.gov;bogdanoff.ellyn.web@flsena
te.gov;bullard.larcenia.web@flse
nate.gov;[email protected]
[email protected];evers.
[email protected];fasano.mike.
[email protected];gaetz.don.web@f
lsenate.gov;gibson.audrey.web@flse
nate.gov;latvala.jack.web@flsenate
.gov;[email protected]
[email protected];smith.ch
[email protected];[email protected]

[mod]Links Edited Because of Length Causing Glitch[/mod]
Here's what I sent them this morning via email...


Ref:
CS/SB 868: Archaeological Sites and Specimens

No doubt some might consider the objective of this bill a corrective measure, but you will, effectively, kill the patient with the cure. This bill flies perilously close to infringement of personal property rights. It lays off the power of criminal prosecution to persons who have no designated authority to make arrests, and gives those same persons the tools to zealously manufacture the elements of the crime by their own definitions. In other words, it is a sloppily composed piece of legislation that flies in the face of our constitution and defies the good sense we have presumed our representatives in government to have at hand when legislating.

The people of Florida may have a right or interest in subjects ā€œarchaeologicalā€, but leaving that designation in the hands of ideologues has proven to be contentious at almost every level in the past. In fact the authorities charged with this billā€™s administration are devoted to the philosophy of social welfare at the expense of the public. Whereas, our government might consider promoting cooperation, you have, instead, by way of legislation of this type, cast the governed as the subjects of the law, rather than the proponents of the law. Furthermore, while attempting to protect ā€˜somethingā€™ that is ill defined, you have opened the door to the will of the very few over the rights of the many. At the very least, you should permit the elected legislators of Florida to determine what an ā€œarchaeological landmarkā€ or ā€œarchaeological landmark zoneā€ is, in fact, by exact locale, or, at the very least, by strict definition. You have overlooked that very important detail. To wit: is a depression in my pasturelands to be deemed a manifestation of paleo occupation? Must I then deal with an un-responsive bureau to mow my fields, or level same for appropriate drainage? Shall we all become the subjects of an uncontestable opinion issued from the office of a single individual without recourse to trial?

What is an ā€œartifactā€? Can it be a natural object; for example, a fossil? What test is there to establish this definition? You have extended the power of fines and imprisonment to a czar who will make these determinations. Shall all the coin collectors in Florida be fined? Will it be illegal to collect coins in Florida? The agents at the Bureau of Archaeological Resources may tell you that such activity is unlawful, in their opinion. Look into it very closely.

I address you as one of the governed citizens of Florida. Do not pass this bill.

Tyrrell Armstrong
PA Signum Ops Press
435 Nora Ave.
Merritt Island, FL 32952
321 459-3311 Home
321 863-4835 Cell
[email protected]
www.signumops.com


... if you are a Florida resident, you should act on this NOW, TODAY. Bill up for vote on the 28th (tomorrow). Sound off!
 

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