OFFENSES CONCERNING DEAD BODIES and GRAVES FLORIDA STATUTES 872.02 and 872.05 INTRODUCTION Florida has joined with the Federal Governmnent and other states in the passage of laws dealing with the protection of archaeological sites. Rapidly increasing development and illicit digging activities have resulted in the destruction of valuable prehistoric and historic archaeological sites and materials. Of particular concern are sites containing native American Indian and other historically significant burials. In Florida such sites are protected by law. Chapter 872, Florida Statutes (F.S.), protects human burials on public and private property. Chapter 267, F.S., and Public Law 96-95 protects all archaeological sites on state and federally-owned lands. Also trespass and vandalism laws (Chapter 810.19 and 806.13, F.S.) help protect archaeological sites. LEGISLATIVE INTENT Chapter 872, F. S. ("Offenses Concerning Dead Bodies and Graves") decrees that all human burials and human skeletal remains be accorded equal treatment and respect based upon common human dignity without reference to ethnic origin, cultural background or religious affiliation. This applies to all human burials, human skeletal remains and associated burial artifacts, found upon or within any public or private land in the state, including submerged lands. The law mandates that all types of human burial sites including Indian mounds, "lost" historic and prehistoric cemeteries, and other unmarked burials are responsibly treated once they are discovered. DEFlNITION An "unmarked human burial" is any human skeletal remains or associated burial artifacts or any location where human skeletal remains or associated burial artifacts are discovered or believed to exist on the basis of archaeological or historical evidence. An "artifact" is any object made or used by people. An "associated burial artifact" is any artifact intentionally buried with human remains, as a memorial to the deceased, a marker, a monument, or the like. WHAT TO DO Any person who knows or has reason to know that an unmarked human burial is being unlawfully disturbed, destroyed, defaced, mutilated, removed, excavated, or exposed shall immediately notify the local law enforcement agency (sheriff/police), with jurisdiction where the unmarked human burial is located. When an unmarked human burial is discovered other than during an archaeological excavation authorized by the state or an educational institution, all activity that may disturb the unmarked human burial shall cease immediately, and the district medical examiner shall be notified. Activities shall not resume unless authorized by the district medical examiner or State Archaeologist. The telephone number of the State Archaeologist is (904) 487-2299. WHAT HAPPENS? If the district medical examiner (the coroner) finds that the unmarked human burial may be involved in a legal investigation or represents the burial of an individual who has been dead less than 75 years, the medical examiner shall assume jurisdiction of such burial. If the examiner finds that the burial is not involved in a legal investigation and represents the burial of an individual who has been dead 75 years or more, he shall notify the State Archaeologist. The State official shall consult a human skeletal analyst who shall report within 15 days as to the cultural and biological characteristics of the human skeletal remains and where such burial or remains should be held prior to final disposition. PENALTIES Any person who willfully and knowingly disturbs an unmarked burial or burial site, or destroys, mutilates, defaces, injures, or removes any burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts or other structures or things placed or designed for a memorial, or disturbs the contents of tomb or grave, is guilty of a felony ... punishable as provided in §775.082, §775.083, or §775.084. Any person who has knowledge that an unmarked human burial is being disturbed, vandalized, or damaged and fails to notify the local law enforcement agency with jurisdiction in the area is ... punishable as provided in §775.082, §775.083 and §775.084. Report violations to your local law enforcement agency, the Division of Historical Resources, or the State Archaeologist. (904) 487-2333 Division of Historical Resources (904) 487-2299 State Archaeologist Brochure produced by Time Sifters Archaeology Society, Sarasota, FL, a chapter of the Florida Anthropological Society, Inc., P.O. Box 1013, Tallahassee, FL. 32302. Marion Almy and Louis Tesar, Editors. Elissa Mirabeli, text. Theodore Morris, design (the included graphics were not included here) [end]