The purpose of the proposed amendment to Rule 1A-32.001, F.A.C., is to replace references to the criteria for registration in the Society of Professional Archaeologists, an organization that no longer exists, with the Secretary of the Interior’s ...

Division of Historical Resources

RULE NOS.:RULE TITLES:

1A-32.001Definitions

1A-32.003Criteria for Evaluating Research Requests

1A-32.005Application Requirements for Non-accredited Institutions

PURPOSE AND EFFECT: The purpose of the proposed amendment to Rule 1A-32.001, F.A.C., is to replace references to the criteria for registration in the Society of Professional Archaeologists, an organization that no longer exists, with the Secretary of the Interior’s Professional Qualifications Standards for archaeology, and also to replace references to the “Code of Ethics,” “Standards of Research Performance,” and “Institutional Standards” of the defunct Society of Professional Archaeologists with the “Principles of Archaeological Ethics” of the Society for American Archaeology. For Rule 1A-32.003, F.A.C., the proposed rule amendment clarifies that only museums, universities, colleges or other historical, scientific or educational institutions or societies that subscribe to the “Principles of Archaeological Ethics” of the Society for American Archaeology will be considered as valid research applicants for Chapter 1A-32 Archaeological Research Permits issued by the Bureau of Archaeological Research. For Rule 1A-32.005, F.A.C., the proposed amendment incorporates by reference Archaeological Research Permit – 1A-32 Application (Form HRE4404-13), and provides information on where to obtain a copy of this form.

SUMMARY: The proposed amendments will define the criteria necessary to apply for an archaeological research permit.

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 amendments to application guidelines for Chapter 1A-32, F.A.C., Archaeological Permits will not have a direct of indirect adverse financial impact on small business. It has been determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the legislature.

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: 267.031(1) FS.

LAW IMPLEMENTED: 267.12(2), 267.12(3) FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Angela E. Tomlinson, Division of Historical Resources, Florida Department of State, 500 South Bronough Street, Tallahassee, FL 32399, [phone], or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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], or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1A-32.001 Definitions.

(1) Accredited Institutions shall mean those state institutions that which:

(a) Ppermanently possess professional archaeological staff who meet or, in the judgment of the State Archaeologist, are capable of meeting the following Secretary criteria of the Interior’s training and experience necessary for registration in the Society of Professional Archaeologists with emphases in field and collections research as defined in the “Qualifications Standards for archaeology, which for Recognition as a Professional Archaeologist,” of the Society. The emphases in field and collections research may be represented by separate individuals. Such institutions should also:

1. A graduate degree in archaeology, anthropology, or closely related field plus:

a. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management;

b. At least four months of supervised field and analytic experience in general North American archaeology, and

c. Demonstrated ability to carry research to completion.

2. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period; and

(b) Ssubscribe to the “Principles Code of Archaeological Ethics,” “Standards of Research Performance,” and “Institutional Standards” of the Society for American Archaeology of Professional Archaeologists, particularly with in respect to facilities and support services for the successful, professional conduct of archaeological field research. The “Principles of Archaeological Ethics” are incorporated herein by reference and may be obtained by writing the Bureau of Archaeological Research, 1001 de Soto Park Drive, Tallahassee, Florida 32301, or by calling [phone].

(2) Non-Accredited Institution shall mean all other institutions as provided in subsection 267.12(2)(1), F.S.

(3) Professional archaeological expertise shall mean persons who meet, or in the judgment of the State Archaeologist are capable of meeting, the Secretary criteria of training and experience necessary for registration in the Interior’s Society of Professional Standards for archaeology Archaeologists, as defined in the “Qualifications for Recognition as a Professional Archaeologist” of the Society.

(4) Principles Professional quality research shall mean research conducted by persons with professional archaeological expertise and in a manner consistent with the “Code of Archaeological Ethics” and “Standards of Research Performance” of the Society for American Archaeology of Professional Archaeologists.

Rulemaking Specific Authority 267.031(1) FS. Law Implemented 267.12(2)-(3) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.01, Amended__________.

 

1A-32.003 Criteria for Evaluating Research Requests.

The following criteria are established to insure that research upon archaeological sites pursuant to Section 267.12, F.S., 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. All research requests shall contain the following:

(1) Only reputable museums, universities, colleges or other historical, scientific or educational institutions or societies that subscribe to the “Principles of Archaeological Ethics” of the Society for American Archaeology will be considered as valid research applicants; and,

(2) Applicants shall possess or will secure the professional archaeological expertise necessary for the performance of professional quality archaeological field research, comprehensive analysis and interpretation in the form of publishable reports and monographs; and,

(3) Applicants shall possess or will secure sufficient artifactual conservation and storage capabilities to insure artifact preservation during the research period; and,

(4) No research request shall be considered, exclusive of reconnaissance survey requests, unless (a) a degree of endangerment to the archaeological resources is present in the proposed research area (i.e. severe erosion); (b) the proposed research area form an integral part in a well-defined research design or (c) the research is part of a planned interpretive reconstruction or restoration project; and,

(5) Adequate funding capability must be available to fully implement the proposed research plan, including field work, laboratory analysis and processing and manuscript preparation.

Rulemaking Specific Authority 267.031(1) FS. Law Implemented 267.12(2)-(3) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.03, Amended__________.

 

1A-32.005 Application Requirements for Non-accredited Institutions.

(1) Non-accredited institutions desiring to conduct research under subsection 267.12(2)(1), F.S., must apply to the Division for a research permit for each and every proposed project. Permit application forms are available from the Division, and in Archaeological Research Permit – 1A-32 Application (Form HRE 4404-13) is herein incorporated by reference, effective __________.

(2) In addition to the requirements imposed upon accredited institutions by paragraphs (a)-(k) of subsection 1A-32.004(1), F.A.C. herein, non-accredited institutions must supply the following information:

(a) Name, address and official status of person to be in general charge of project, including a resume of previous experience pertinent to archaeological research; and,

(b) Nature, status and scientific affiliations of applicant organization; and,

(c) Names and qualification of additional research participants who will exercise any supervisory authority during the proposed research project; and,

(d) Total fiscal resources available for publication requirements.

(3)(2) Completed permit applications must be submitted to the Division prior to the project research initiation date.

Rulemaking Specific Authority 267.031(1) FS. Law Implemented 267.12(2)-(3) FS. History–New 1-1-75, Amended 9-7-78, Formerly 1A-32.05, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlos A. Rey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Robert Bendus

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 4, 2013