Florida Statutes 253.027 – Emergency archaeological property acquisition
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(1) SHORT TITLE.–This section may be cited as the “Emergency Archaeological Property Acquisition Act of 1988.”
(2) LEGISLATIVE INTENT.–It is the intent of the Legislature that a program be established to protect archaeological properties of major statewide significance from destruction as a result of imminent development, vandalism, or natural events. Since these resources are often discovered during excavation as part of construction activities or after storm events, little time may be available for using other, often time-consuming, property acquisition methods. It is, therefore, the further intent of the Legislature to create a rapid method of acquisition for a limited number of specifically designated properties, which method may bypass previously accepted methods of state land acquisition. It is also the intent of the Legislature that lands no longer needed for the purposes expressed in this section be sold and funds returned to their original source for use in other programs.
(3) DEFINITION.–“Archaeological property of major statewide significance” means lands that contain unique prehistoric or historic artifacts, relics, or structures of archaeological value that are:
(a) Not merely of local or regional significance, but of importance to the state as a whole.
Terms Used In Florida Statutes 253.027
- Appraisal: A determination of property value.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Outstanding representations of a particular culture, historic event, or epoch.
(4) EMERGENCY ARCHAEOLOGICAL ACQUISITION.–The sum of $2 million shall be reserved annually within the Florida Forever Trust Fund for the purpose of emergency archaeological acquisition. Any portion of that amount not spent or obligated by the end of the third quarter of the fiscal year may be used for approved acquisitions pursuant to s. 259.105(3)(b).
(5) ACCOUNT EXPENDITURES.–
(a) No moneys shall be spent for the acquisition of any property, including title works, appraisal fees, and survey costs, unless:
1. The property is an archaeological property of major statewide significance.
2. The structures, artifacts, or relics, or their historic significance, will be irretrievably lost if the state cannot acquire the property.
3. The site is presently on an acquisition list for Florida Forever lands or complies with the criteria for inclusion on any such list, but has yet to be included on the list.
4. No other source of immediate funding is available to purchase or otherwise protect the property.
5. The site is not otherwise protected by local, state, or federal laws.
6. The acquisition is not inconsistent with the state comprehensive plan and the state land acquisition program.
(b) No moneys shall be spent from the account for excavation or restoration of the properties acquired. Funds may be spent for preliminary surveys to determine if the sites meet the criteria of this section. An amount not to exceed $100,000 may also be spent from the account to inventory and evaluate archaeological and historic resources on properties purchased, or proposed for purchase, pursuant to s. 259.105(3)(b).
(6) INITIATION OF PURCHASE.–The Board of Trustees of the Internal Improvement Trust Fund shall consider the purchase of lands pursuant to this section upon its own motion or upon a written request by any person, corporation, organization, or agency. The request shall contain the following information:
(a) The name, address, and phone number of the person making the request.
(b) A legal description of the property, or if one is not readily available, a physical description sufficient to identify its general location.
(c) The name and address of the owner if it is different from the requester.
(d) An indication of the owner’s willingness to sell.
(e) A statement showing why the property is in imminent danger of being destroyed or substantially altered and why state acquisition is necessary.
(f) A statement showing why the property is archaeological property of major statewide significance that meets the criteria for purchase within the requirements of this section.
(g) If archaeological resources are sought to be protected from the result of imminent construction activities, a list of the local, state, or federal laws that might otherwise be available to protect the resource, and a short statement of the reason the laws are not available to protect the resource.
The written request shall be filed with the Division of State Lands and the Division of Historical Resources. If the director of either division or the director’s designee finds that the request substantially complies with the requirements of this section, it shall be placed on the next Board of Trustees of the Internal Improvement Trust Fund agenda following receipt without the need for notice; provided, however, that each Cabinet officer shall have received copies of the request at least 24 hours before the meeting. Should the Board of Trustees of the Internal Improvement Trust Fund agree to consider the request, it shall approve a plan for future actions that may lead to acquisition of the property as soon as possible thereafter.
(7) ACQUISITION OF PROPERTY.–Property may not be acquired under this section until the disposition or settlement of any litigation involving such property or involving the use of or construction on such property or on adjacent property. Title to property acquired pursuant to this section shall be held by the Board of Trustees of the Internal Improvement Trust Fund and managed pursuant to the provisions of s. 259.032.
(8) WAIVER OF APPRAISALS OR SURVEYS.–The Board of Trustees of the Internal Improvement Trust Fund may waive or limit any appraisal or survey requirements in s. 253.025, if necessary to effectuate the purposes of this section. Fee simple title is not required to be conveyed if some lesser interest will allow the preservation of the archaeological resource. Properties purchased pursuant to this section shall be considered archaeologically unique or significant properties and may be purchased under the provisions of s. 253.025(9).
(9) SEVERABILITY.–If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.
(10) LIBERAL CONSTRUCTION.–It is intended that the provisions of this section shall be liberally construed for accomplishing the work authorized and provided for or intended to be provided for by this section, and when strict construction would result in the defeat of the accomplishment of any part of the work authorized by this section and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen.