The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 267
HISTORICAL RESOURCES

View Entire Chapter

F.S. 267.061

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.

History.—s. 6, ch. 67-50; ss. 10, 25, 35, ch. 69-106; s. 5, ch. 81-173; s. 19, ch. 83-216; s. 2, ch. 85-281; s. 47, ch. 86-163; s. 2, ch. 87-33; s. 1, ch. 88-351; s. 1, ch. 90-259; s. 243, ch. 91-224; s. 2, ch. 92-61; s. 197, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-190; s. 108, ch. 94-356; s. 854, ch. 95-148; s. 3, ch. 95-235; s. 9, ch. 96-418; s. 7, ch. 97-68; s. 4, ch. 2001-199.

F.S. 267.061 on Google Scholar

F.S. 267.061 on Casetext

Amendments to 267.061

Arrestable Offenses / Crimes under Fla. Stat. 267.061

Level: Degree
Misdemeanor/Felony: First/Second/Third

S267.061 3m - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6406 - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

SALVORS, INC. a f. k. a. LLC, c o FL LLC, v. UNIDENTIFIED WRECKED ABANDONED VESSEL,, 861 F.3d 1278 (11th Cir. 2017)

. . . Section 267.061(l)(b) says that “all treasure trove, artifacts, and such objects having intrinsic or . . . Stat. § 267.061(l)(b). . . .

MID- CHATTAHOOCHEE RIVER USERS, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 948 So. 2d 794 (Fla. Dist. Ct. App. 2006)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

L. HOMICH, v. LAKE COUNTY SCHOOL BOARD,, 779 So. 2d 567 (Fla. Dist. Ct. App. 2001)

. . . supported by the declaration of state policy regarding historic properties which is contained in section 267.061 . . . , Florida Statutes: 267.061. . . . See § 267.061 (2)(b), Fla. Stat. (1997). . Mr. . . .

AVATAR DEVELOPMENT CORPORATION v. STATE, 723 So. 2d 199 (Fla. 1998)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

METROPOLITAN DADE COUNTY, v. P. J. BIRDS, INC., 654 So. 2d 170 (Fla. Dist. Ct. App. 1995)

. . . See §§ 267.021(5), 267.061(2)(c), (3)(c), (3)(h), Fla. Stat. (Supp.1994). . . .

ESTATE OF TIPPETT, v. CITY OF MIAMI, a, 645 So. 2d 533 (Fla. Dist. Ct. App. 1994)

. . . See § 267.061(l)(a), Fla.Stat. (1993). . . .

FLORIDA POWER CORPORATION, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 638 So. 2d 545 (Fla. Dist. Ct. App. 1994)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

FLORIDA POWER CORPORATION, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 605 So. 2d 149 (Fla. Dist. Ct. App. 1992)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

ZYCH, d b a Co. v. UNIDENTIFIED, WRECKED AND ABANDONED VESSEL, BELIEVED TO BE SB LADY ELGIN, ZYCH, d b a Co. v. UNIDENTIFIED, WRECKED AND ABANDONED VESSEL, BELIEVED TO BE SB SEABIRD,, 746 F. Supp. 1334 (N.D. Ill. 1990)

. . . . § 267.061(l)(b), which provided: It is further declared to be the public policy of the state that all . . .

ATLANTIC DEVELOPERS, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 552 So. 2d 946 (Fla. Dist. Ct. App. 1989)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

JUPITER WRECK, INC. v. UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL, a STATE OF FLORIDA v. JUPITER WRECK, INC., 691 F. Supp. 1377 (S.D. Fla. 1988)

. . . . § 267.061(l)(b). . . . Florida Statute section 267.061, which vests title in the state to historical artifacts is not in direct . . . Stat. § 267.061, the State has asserted title to the treasure trove located within the state-owned submerged . . .

AMERICAN LITTORAL SOCIETY v CITY OF BOCA RATON, CORAL REEF SOCIETY, INC. v. CITY OF BOCA RATON,, 32 Fla. Supp. 2d 171 (Fla. Div. Admin. Hearings 1988)

. . . or will enhance significant historical and archeological resources under the provisions of Section 267.061 . . .

RUDLOE GULF SPECIMEN COMPANY, INC. v DICKERSON BAYSHORE, INC. STATE OF FLORIDA, DEPT. OF ENVIRONMENTAL REGULATION, 30 Fla. Supp. 2d 191 (Fla. Div. Admin. Hearings 1988)

. . . affect or will enhance significant historical and archaeological resources under the provisions of § 267.061 . . .

SULLIVAN, v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT DEPARTMENT OF ENVIRONMENTAL REGULATION DRAINVILLE v. NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND DEPARTMENT OF ENVIRONMENTAL REGULATION, 27 Fla. Supp. 2d 132 (Fla. Div. Admin. Hearings 1987)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

BROWN, v. U. S. NAVAL AIR STATION DEPARTMENT OF ENVIRONMENTAL REGULATION, 28 Fla. Supp. 2d 232 (Fla. Div. Admin. Hearings 1987)

. . . affect or will enhance significant historical and archaeological resources under the provisions of § 267.061 . . .

BOCA GRANDE CLUB, INC. v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 26 Fla. Supp. 2d 166 (Fla. Div. Admin. Hearings 1986)

. . . affect or will enhance significant historical and archaeological resources under the provisions of s. 267.061 . . .

FLORIDA DEPARTMENT OF STATE v. TREASURE SALVORS, INC., 458 U.S. 670 (U.S. 1982)

. . . . §267.061(l)(b) (1974), which then provided: “It is further declared to be the public policy of the . . . Stat. §267.061(1)(b) (1974), which provided: “It is further declared to be the public policy of the state . . . Stat. § 267.061(2)(a) (1981) provides generally that it is the responsibility of the Division of Archives . . . . §267.061(l)(b) (1974), providing title to treasure trove abandoned on state-owned submerged lands. . . .

COBB COIN COMPANY, INC. a v. UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL a N. W., 525 F. Supp. 186 (S.D. Fla. 1981)

. . . Law Implemented 267.061 FS. . . . Law Implemented 267.061 FS. . . . Law Implemented 267.061 FS. . . . Law Implemented 267.061 FS. . . . Law Implemented 267.061(l)(b), 267.061(2)(a) FS. . . .

TREASURE SALVORS, INC. a a v. UNIDENTIFIED WRECKED AND ABANDONED SAILING VESSEL, a SAILING VESSEL NUESTRA SENORA ATOCHA,, 459 F. Supp. 507 (S.D. Fla. 1978)

. . . Section 267.061(l)(b), Florida Statutes, which purports to vest title in the State does not apply since . . . Section 267.061(l)(b), Florida Statutes, provides: It is further declared to be the public policy of . . . This Court finds that Ch. 267.061 Fla.Stat. is not applicable to the articles of salvage in question. . . . In the alternative, Ch. 267.061 Fla.Stat. is unconstitutional based upon the holding in United States . . . The Division of Archives claims title under Section 267.061, Florida Statutes, purporting to vest title . . .