Florida Administrative Code
1 - DEPARTMENT OF STATE
1A - Division of Historical Resources
Chapter 1A-44 - PROCEDURES FOR REPORTING AND DETERMINING JURISDICTION OVER UNMARKED HUMAN BURIALS
Section 1A-44.005 - Criteria for Determining Whether the Division Assumes Jurisdiction and Duties of the State Archaeologist and Others When the Division Assumes Jurisdiction Over and Responsibility for an Unmarked Human Burial

Universal Citation: FL Admin Code R 1A-44.005

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

(1) The decision of whether the Division shall assume jurisdiction shall be based on whether the remains may be expected to receive protection or respectful treatment in the absence of the division's jurisdiction.

(2) The State Archaeologist shall determine whether the unmarked human burial is historically, archaeologically, or scientifically significant according to the following criteria:

(a) Whether the remains have archaeological integrity; or

(b) Whether the remains are sufficiently preserved to yield information upon examination by a skeletal analyst; or

(c) Whether the remains are of a type that would yield useful historical or archaeological information.

(3) The State Archaeologist shall determine potential threats to the burial.

(4) The State Archaeologist shall arrange for protection of the burial from further disturbance in its original location or if protection in the original location cannot be provided, arrange for alternative treatment according to the following procedures:

(a) Remove the remains from their original location by means of excavation conducted in accordance with proper archaeological standards.

(b) When human remains are determined to be historically, archaeologically, or scientifically significant:
(i) Designate an archaeologist and a human skeletal analyst to examine and report on the remains;

(ii) Recommend that the division maintain jurisdiction over the remains until the decision regarding final disposition is implemented.

(5) Within one year of the date that the division assumes jurisdiction, the State Archaeologist shall consult with appropriate individuals regarding the proper disposition as set forth in section 872.05(6), F.S., including reburial when appropriate, of the remains.

(a) The State Archaeologist may consult with appropriate individuals by telephone, in person, or in writing for recommendations regarding the proper disposition of the remains.

(b) The State Archaeologist shall consider such recommendations in deciding on final disposition.

(c) The State Archaeologist's decision on final disposition as advised by the committee shall be implemented within three years of the date of the decision.

(6) In the event that an unmarked human burial must be excavated because protection cannot be accomplished, the cost of excavation, analysis, and reporting are the responsibility of the party whose activities would disturb the remains if they were not excavated.

(7) The archaeologist conducting excavations of an unmarked human burial for which the division has assumed jurisdiction shall submit to the State Archaeologist:

(a) A preliminary report of findings as well as copies of all field records within one month of the conclusion of the field work; and

(b) A final report of findings as well as copies of any additional records resulting from the analysis and interpretation within two years of the conclusion of the field work.

(8) The division may take possession of human remains and associated burial artifacts for which it has assumed jurisdiction, if, in the opinion of the State Archaeologist, such possession is necessary for the protection of the remains and artifacts.

Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS.

New 6-9-92.

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