1A-31.0022 Prior Agreements.
Any existing agreements or contracts concerning shipwreck exploration or salvage in effect as of the date of enactment of this rule
are unaffected by this rule for their stated term and for as long as they shall be renewed by the division. Once such existing
agreements or contracts expire, are not renewed or are terminated, this rule shall apply for any future permits.
Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.
1A-31.0025 Scope.
Rulemaking Authority 267.031(3) FS. Law Implemented 267.031(4), 267.061(3), 267.13 FS. History‒New 4-13-87, Repealed 12-18-95.
1A-31.0045 Non-permittable Areas and Sites.
The division will not issue permits for the following areas and sites:
(1) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the
Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference;
(2) Any vessel for which a federal admiralty court has awarded title as against the State of Florida prior to April 28, 1988, the
effective date of the Abandoned Shipwreck Act of 1987 (herein incorporated by reference), while such title remains valid;
(3) Vessels owned or operated by a government on military non-commercial service when they sank, which are entitled to
sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or
foreign military vessels, and as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections
1401-1408, Oct. 28, 2004, 118 Stat. 2094);
(4) Areas of federal jurisdiction including but not limited to areas of the National Park System, National Marine Sanctuaries,
National Wildlife Refuges, National Estuarine Research Reserves and US Military Reservations;
(5) Areas of the Florida Keys National Marine Sanctuary;
(6) Areas of state jurisdiction such as State Parks, State Aquatic Preserves, Coastal and Aquatic Managed Areas, State
Archaeological Landmarks, State Archaeological Landmark Zones, Underwater Archaeological Preserves, Underwater
Archaeological Research Reserves;
(7) Areas of submerged lands conveyed to public or private entities;
(
Vessels that are or have been under the jurisdiction of a federal admiralty court, when such jurisdiction was established prior
to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987, except where the applicant provides proof that the
federal court’s jurisdiction and any rights it may have awarded are permanently terminated; and
(9) Historic shipwreck sites that are of such singular historical or archaeological significance that permitted activities would be
incompatible with the division’s responsibility to administer state-owned and state-controlled historic resources in a spirit of
stewardship and trusteeship and to preserve archaeological sites and objects of antiquity for the public benefit. Significance shall be
measured against the criteria established for National Historic Landmark designation, per 36 C.F.R. sec. 65.4 “National Historic
Landmark criteria,” effective as of February 2, 1983, which is herein incorporated by reference.
Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New 7-20-09.
Any existing agreements or contracts concerning shipwreck exploration or salvage in effect as of the date of enactment of this rule
are unaffected by this rule for their stated term and for as long as they shall be renewed by the division. Once such existing
agreements or contracts expire, are not renewed or are terminated, this rule shall apply for any future permits.
Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2) FS. History–New 7-20-09.
1A-31.0025 Scope.
Rulemaking Authority 267.031(3) FS. Law Implemented 267.031(4), 267.061(3), 267.13 FS. History‒New 4-13-87, Repealed 12-18-95.
1A-31.0045 Non-permittable Areas and Sites.
The division will not issue permits for the following areas and sites:
(1) Any abandoned shipwreck in or on the public lands of the United States or in or on Indian lands as set forth in the
Abandoned Shipwreck Act of 1987, 43 U.S.C. sec. 2105(d), herein incorporated by reference;
(2) Any vessel for which a federal admiralty court has awarded title as against the State of Florida prior to April 28, 1988, the
effective date of the Abandoned Shipwreck Act of 1987 (herein incorporated by reference), while such title remains valid;
(3) Vessels owned or operated by a government on military non-commercial service when they sank, which are entitled to
sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or
foreign military vessels, and as defined in the Sunken Military Craft Act (Public Law Number 108-375, Div. A, Title XIV, Sections
1401-1408, Oct. 28, 2004, 118 Stat. 2094);
(4) Areas of federal jurisdiction including but not limited to areas of the National Park System, National Marine Sanctuaries,
National Wildlife Refuges, National Estuarine Research Reserves and US Military Reservations;
(5) Areas of the Florida Keys National Marine Sanctuary;
(6) Areas of state jurisdiction such as State Parks, State Aquatic Preserves, Coastal and Aquatic Managed Areas, State
Archaeological Landmarks, State Archaeological Landmark Zones, Underwater Archaeological Preserves, Underwater
Archaeological Research Reserves;
(7) Areas of submerged lands conveyed to public or private entities;
(
Vessels that are or have been under the jurisdiction of a federal admiralty court, when such jurisdiction was established prior to April 28, 1988, the effective date of the Abandoned Shipwreck Act of 1987, except where the applicant provides proof that the
federal court’s jurisdiction and any rights it may have awarded are permanently terminated; and
(9) Historic shipwreck sites that are of such singular historical or archaeological significance that permitted activities would be
incompatible with the division’s responsibility to administer state-owned and state-controlled historic resources in a spirit of
stewardship and trusteeship and to preserve archaeological sites and objects of antiquity for the public benefit. Significance shall be
measured against the criteria established for National Historic Landmark designation, per 36 C.F.R. sec. 65.4 “National Historic
Landmark criteria,” effective as of February 2, 1983, which is herein incorporated by reference.
Rulemaking Authority 267.031(1) FS. Law Implemented 267.031(2), 267.061(1), 267.11 FS. History–New 7-20-09.
