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FLS 872.05
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Discoveries of unmarked human burials are quite common in Florida. The State Archaelogist (Dave Dickel at the Florida Bureau of Archaeological Research) receives from 2 to 4 reports a month. The circumstances are always different, but many are unmarked grave sites uncovered due to construction, though some are found by archaeologists conduction CRM or research projects. Sometimes American Indian remains are involved, while other ethnicities and time periods are represented as well (pioneer settlers, slave cemeteries, etc.)
Florida has a very progressive law that helps address these discoveries and provides protection for sites with unmarked human burials on both public and private land. Chapter 872.05, Florida Statutes, recognized that all human remains should be afforded the same respect and treatment, regardless of antiquity or ethnic origin. The statute makes it a felony to knowingly distrub human remains and requires that discoveries of human remains be reported to law enforcement authorities. District Medical Examiners usually get involved in such discoveries, and make a decision regarding the antiquity of the remains and the property jurisdiction. If the remains are greater than 75 years old and not related to a crime, then the State Archaeologist is called in.
Importantly, the statue recognizes scientific and cultural significance of remains, urges in-place protection of remains, and does not require excavation. Final disposition of remains is determined by the State Archaeologist in consultation with involved parties and ethnically affiliated groups. Our office always emphasized preservation of burial sites, unless this is not feasible due to environmental or other conditions. Many developers and private landowners have actively participated in the protection and preservaton of human burial sites, and we hope to continue building these partnerships.
The Florida Anthropological Society and the FAS chapters have often been instrumental in reporting discoveries of human remains and encouraging preservation of these sites.
Ryan J. Wheeler
Florida Bureau of Archaeological Research
Contact the Bureau at (850) 245-6444 - Fax: (850) 245-6452.
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