Florida Administrative Code
1 - DEPARTMENT OF STATE
1A - Division of Historical Resources
Chapter 1A-31 - PROCEDURES FOR CONDUCTING EXPLORATION AND SALVAGE OF HISTORIC SHIPWRECK SITES
Section 1A-31.085 - Permit Suspension and Revocation

Universal Citation: FL Admin Code R 1A-31.085

Current through Reg. 50, No. 249, December 24, 2024

(1) When the division has reason to believe that a permittee may have violated one or more of the criteria for suspension or revocation of a permit, the division shall contact the permittee in writing and take other appropriate actions to make a determination of facts. If the division determines a violation has occurred, the division may suspend the permit by notifying the permittee of the violation and specifying corrective actions and dates by which such actions must be completed for the permit to be reinstated. If the stated corrective actions are not completed by the specified dates, the division may revoke the permit by notifying the permittee of the intent to revoke and informing the permittee of the available options.

(2) Criteria for suspension or revocation of a permit are:

(a) Violation of Chapter 267, F.S., or this rule chapter;

(b) Violation of terms or conditions of the permit;

(c) Obtaining the permit by misrepresentation or failure to disclose all relevant facts;

(d) Knowingly making false statements in an application, report or other document submitted to the division under this rule chapter;

(e) Failure to meet minimum standards of diligence as specified in the permit;

(f) Issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this rule chapter; or

(g) Non-permitted activities that jeopardize archaeological materials.

(h) Changes in financial support, key personnel or equipment as reported to the division, per Rule 1A-31.080, F.A.C.

(3) Suspension or revocation of a permit does not relieve the permittee of any obligations concerning protecting archaeological materials exposed and/or recovered by the permittee or providing reports and information to the division as required by the permit.

(4) The division shall not unreasonably suspend or revoke a permit and shall take into consideration the unknown variables that are inherent in the exploration and recovery of historic shipwreck sites prior to the revocation or suspension of any permit.

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), (5)(i), (k), (o), 267.061(1) FS.

New 7-20-09.

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