STATE OF FLORIDA
DEPARTMENT OF STATE
Mr. Storm Richards
Storm Richards & Associates, Inc.
1804 Maple Avenue
Sanford, FL 32771-3358
Final Order No. HR 06-01
The Division of Historical Resources, Florida Department of State (the Division), having jurisdiction over this matter, pursuant to the provisions of Chapter 267, Florida Statutes, and the rules promulgated there under, hereby enters its Final Order denying Storm Richards & Associates, Inc., Storm Richards, Application for Archaeological Research Permit.
DENYING APPLICATION FOR ARCHAEOLOGICAL RESEARCH PERMIT
Findings of Fact
1. The Division has reviewed the application for an archaeological research permit pursuant to Rule 1A-32, Florida Administrative Code (F.A.C.) and Chapter 267, Florida Statutes. The application seeks to conduct archaeological field investigations on State-owned lands in Seminole County, specifically an area within Wekiwa Springs State Park. The application was incomplete when received, lacking a detailed project description pursuant to Rules 1A-32.004(1)(d) and 1A-32.005(1), F.A.C., which requires a "clear and concise research design." The Division requested the project description/research design on November 22, 2005, and Mr. Richards supplied it via fax on December 1, 2005. The application appears complete; therefore, no additional information has been sought from Mr. Richards or Storm Richards & Associates, Inc.
2. On November 14, 2005, prior to receipt of the archaeological research permit application, the Division was notified by Richard Reinert of the Bureau of Design and Recreation Services, Florida Park Service, that Storm Richards & Associates, Inc. had conducted an archaeological field investigation on State-owned lands at Wekiwa Springs State Park. Mr. Reinert was aware that an archaeological research permit was required from the Division of Historical Resources and he supplied us with a copy of the request for proposals that they sent to Mr. Richards, dated June 28, 2005, which specifies that, "since the work will take place on state-owned lands, a Chapter 1A-32 Archaeological Research Permit must be obtained from the Division of Historical Resources, Bureau of Archaeological Research. The contact for this permit is Dr. Ryan Wheeler, State Archaeologist, who can be reached at (850) 245-6444."
3. A review of the Division's archaeological permit paper files and electronic database on November 14, 2005, indicated that Mr. Richards and Storm Richards & Associates, Inc., had not applied for or received an archaeological research permit prior to conducting archaeological field investigations on State-owned lands.
4. When Mr. Richards contacted the Division by phone on November 14, 2005, to inquire about the process of applying for and obtaining an archaeological research permit, Dr. Ryan Wheeler, State Archaeologist asked why he had not applied for one, especially since it was specified in the request for proposals prepared by the Florida Park Service. Mr. Richards explained that he thought this had been taken care of as part of registering as a vendor with myfloridamarketplace.com. In response to Mr. Richard's request he was supplied a copy of form HRE4404-92, Section 267.12, Florida Statutes, and Chapter 1A-32, F.A.C., which discuss the issuance of archaeological research permits.
5. The permit application indicates that no archaeological or historical sites are recorded within the survey area in Wekiwa Springs State Park. Review of current data in the Florida Master Site File indicates that archaeological site 8SE27 is located in the center of the survey area.
6. Our "Notice of the Florida Division of Historical Resources' Denial of Archaeological Research Permit" was sent to Mr. Richards on December 14, 2005 via certified mail. It was signed for at his mailing address on December 17, 2005.
Conclusions of Law
7. As provided in Chapter 267, Florida Statutes, the "Florida Historical Resources Act," the Division is the agency having jurisdiction to administer and enforce the provisions of the Act.
8. Section 267.13(1)(b), Florida Statutes states:
Any person who by means of excavation either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is subject to forfeiture to the state if it is determined by any court of law that the vehicle or equipment was involved in the violation. Such person shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material. The court may also order the defendant to make restitution to the state for the archaeological or commercial value and cost of restoration and repair as defined in subsection (4).
9. Rule 1A-32, F.A.C., establishes procedures for the Division to review applications and determine whether to grant permission for archaeological research on state-owned land.
10. Rule 1A-32.003(2), F.A.C., requires that, in part, "applicants shall possess or will secure the professional archaeological expertise necessary for the performance of professional quality archaeological field research." Such professional archaeological expertise is found to be lacking in this case since Storm Richards & Associates, Inc., conducted archaeological field investigations on State-owned lands in violation of Sections 267.12 and 267.13, Florida Statutes, without the benefit of an archaeological research permit from the Division of Historical Resources of the Department of State, and because this firm conducted an insufficient review of sites recorded in the Florida Master Site File.
11. Based on the Findings of Fact and Conclusions of Law set forth above, the Division has determined that Storm Richards & Associates, Inc., Storm Richards Application for an Archaeological Research Permit must be denied.
Based on the foregoing, the Division issues this Final Order denying Storm Richards & Associates, Inc., Storm Richards Application for an Archaeological Research Permit.
DONE and ORDERED
this 20th day of January 2006 in Tallahassee, Leon County, Florida.
Frederick P. Gaske
Director, Division of Historical Resources
NOTICE OF RIGHT TO JUDICIAL REVIEW
This order constitutes final agency action. Judicial review of this proceeding may be instituted by filing a notice of appeal, with the filing fee prescribed by law in the District Court of Appeal, pursuant to Section 120.68, Florida Statutes, and a copy with the clerk of the Department of State. Such notice must be filed within thirty (30) calendar days of the date this order is filed in the official records of the Department of State as indicated in the Certificate of Clerk. Review proceedings shall be conducted in accordance with the Florida Rules of Appellate Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order was hand-delivered to the Agency Clerk, Department of State, R.A. Gray Bldg., 500 S. Bronough Street, Tallahassee, Florida 32399-0250 and that a true and correct copy of the foregoing final order was mailed on this _____ day of January 2006 by certified U.S. mail to Mr. Storm Richards, Storm Richards & Associates, Inc., 1804 Maple Avenue, Sanford, FL 32771-3358.
Stephen S. Mathues
Assistant General Counsel
Florida Department of State,
500 S. Bronough St.
Tallahassee, Florida 32399-0250
Florida Bar No. 0201049