TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and Possible Action on the Creation of an Archaeological Right-Of-Way Use Permit
Recommended Action
Discussion and possible action on the creation of an archaeological right-of-way use permit.
Background Information
The City Commission gave the following consensus at their January 16, 2020 Strategic Planning Session:
“Consensus to bring back Agenda item regarding the requirement of obtaining a City right-of-way permit to traverse any City property for those who obtain a permit to dig archaeologically within the City of North Port”.
The minutes from the meeting included direction to request the State of Florida (State) to notify the City when and where people will be digging and sifting the area. The intent being to create a “right-of-way use permit” concurrently with when the State issues their Fossil Permit.
In doing research into the creation of this permit, issues on coordination with the State came to light. First, it is illegal to collect vertebrate fossils, excluding shark teeth, from any lands owned by the State without obtaining the Florida Fossil Permit. Florida Statutes §1004.57 declares fossils on state owned lands, including submerged lands, belong to the state with title vested to the Florida Museum of Natural History. The Florida Museum of Natural History administers this section as well as the Florida Fossil Permit. The permit, attached to this memo, only requires the applicant’s full name, mailing address, and telephone number. They must also provide a photocopy of their identification, a fee of $5.00, and sign that they will abide by all provisions in Florida statutes. The applicant is not required or asked to provide any information regarding where or when they plan to dig on state owned lands thus the City could not use the State permit information to identify who wanted to dig archaeologically within the City of North Port.
The second issue is the Myakkahatchee Creek is considered navigable waters, as water is considered navigable when it is of a size and character that make it usable for public purposes. The Florida Constitution states all such waters are owned by the State of Florida. This would mean that anyone digging within the Myakkahatchee Creek for vertebrate fossils other than shark teeth would be required to have the Florida Fossil Permit. The land along the sides of the creek is owned by the City of North Port. Anyone digging in those areas would not be required to have a Florida Fossil Permit.
If the intent of City Commission is to require anyone digging along the side of the creek to have a permit, a similar fossil permit could be created and required for anyone digging on City-owned lands. This would be a separate permit from the Florida Fossil Permit required by the state and would not be applicable to anyone digging in Myakkahatchee Creek. Keep in mind the creation, processing and enforcement of a new permit requires resources that are already maximized.
Given this information, staff is looking for City Commission direction as the costs and benefits of a new permit call for careful consideration.
Strategic Plan
Protect and promote our natural, cultural, and historical heritage that help define the City’s identity, contribute to the economy, maintain balance, and improve quality of life.
Financial Impact
A cost for the permit would need to be determined.
Procurement
Attachments:
1. State of Florida Fossil Collecting Permit Application
Prepared by: Alison Christie, AICP, Planner III
Department Director: Jason Yarborough, ICMA-CM, Assistant City Manager