Section 1A-44.003 - Procedures to be Followed When Unmarked Human Burials are Discovered During Archaeological Excavations Authorized by the Division or Conducted by an Archaeologist Employed by an Accredited Institution(1) All activity that might disturb the burial beyond those investigations required to ascertain the age of the burial must cease pending authorization to continue from either the State Archaeologist or the District Medical Examiner, whomever has jurisdiction.(2) The archaeologist in charge of the excavations shall immediately determine, as closely as possible, the age of the remains, i.e., how much time has passed since the remains were interred.(3) If the archaeologist in charge of the excavations determines that the remains may be less than 75 years old, the archaeologist shall notify the District Medical Examiner within seven days.(4) If the State Archaeologist is notified that the District Medical Examiner relinquishes jurisdiction over the burial, the State Archaeologist shall determine within 15 days in accordance with the criteria specified in Rule 1A-44.005, F.A.C., whether the division shall assume jurisdiction.(5) If the archaeologist in charge of the investigations determines that the burial is greater than 75 years old, the archaeologist shall notify the State Archaeologist within seven days.(6) Archaeological activities may resume after the State Archaeologist has been notified.(7) In all cases, whether or not the District Medical Examiner assumes jurisdiction, the archaeologist conducting the excavations shall submit a report to the State Archaeologist within 15 days of the discovery of the burial that(a) Describes the burial and any associated artifacts;(b) Gives the archaeologist's opinion of the age and cultural affiliation of the burial;(c) Describes the biological characteristics of the remains; and,(d) Recommends where the skeletal remains and any associated artifacts should be held pending final disposition.Fla. Admin. Code Ann. R. 1A-44.003
Rulemaking Authority 267.031(1) FS. Law Implemented 267.061, 872.05 FS.