This action is to amend the rule so that it complies with the objectives of the underlying statutes by deleting language that paraphrases or modifies statutory language.

 

DEPARTMENT OF STATE

Division of Historical Resources

RULE NO.:RULE TITLE:

1A-45.002Guidelines for the Public Display and Treatment of Human Skeletal Remains

PURPOSE AND EFFECT: This action is to amend the rule so that it complies with the objectives of the underlying statutes by deleting language that paraphrases or modifies statutory language.

SUMMARY: The action will amend the rule concerning the display of human remains in order for it to comply with the objectives of the underlying statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The amendment of this rule will not have a direct or indirect adverse financial impact on small businesses.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 872.05(8)(b) FS.

LAW IMPLEMENTED: 872.05 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Angela E. Tomlinson, Division of Historical Resources, Florida Department of State, 500 South Bronough Street, Tallahassee, FL 32399, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1A-45.002 Guidelines for the Public Display and Treatment of Human Skeletal Remains.

(1) The following guidelines are established to ensure that human skeletal remains are treated in a safe, proper, and respectful manner and that the opportunity to learn about human biology and the customs and manners of people by studying human remains is not restricted.

(a) None of the provisions of this rule shall be construed as restricting the legal, medical, or educational use of human skeletal remains in any setting not open to the general public for the purpose of viewing such remains, or the display of human skeletal remains or associated burial artifacts in a manner not objectionable to persons or groups with a kinship, tribal, community, or ethnic relationship to the individual whose remains are displayed.

(a)(b) The use of casts or other replicas of human skeletal remains in public displays and exhibits designed to provide information to the public about human biology and anatomy and about the customs of particular groups of people is encouraged.

(b)(c) Any exhibit of burial artifacts or that shows burial customs or patterns shall be presented in a respectful and dignified manner.

(2) Treatment of Human Skeletal Remains.

(a) Institutions or individuals holding human skeletal materials within the contemplation of Section 872.05(8)(b), F.S., shall:

(a)1. Provide safe, proper, and respectful care of those materials;

(b)2. Take steps to ensure that those remains are not damaged nor destroyed;

(c)3. Make those remains available for legitimate scientific study;.

4. Request that the Division of Historical Resources assume jurisdiction over human skeletal remains that the institution or individual no longer desires to curate when such remains represent the burial of an individual that has been dead more than 75 years; and

5. Request that the local District Medical Examiner assume jurisdiction over human skeletal remains that the institution or individual no longer desires to curate when such remains represent the burial of an individual that has been dead less than 75 years.

(b) In the event the Division of Historical Resources is requested to assume jurisdiction over remains that an institution or individual no longer desires to curate, the Division shall base its decision on whether to assume jurisdiction on the following criteria:

1. Whether the remains are accompanied by proper provenience information;

2. Whether the remains are sufficiently preserved to yield information upon examination by a skeletal analyst; and

3. Whether the remains are of a type that would yield useful historical, archaeological or scientific information.

(c) If the remains are determined by the Division to meet the above criteria, the Division may assume jurisdiction. If the Division assumes jurisdiction, the State Archaeologist shall follow the procedures specified in Rule 1A-44.005, F.A.C. regarding examination by a human skeletal analyst, consultation with persons having a kinship, tribal, community or ethnic relationship to the person whose remains are represented, forming a committee if necessary to provide advice, and determining final disposition.

Rulemaking Authority 872.05(8)(b) FS. Law Implemented 872.05 FS. History–New 6-9-92, Amended 5-27-96, Amended x-x-xx.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 3, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 21, 2014.