Confused about Florida laws

[sailboatlarry]

First I want to apologize if I am bugging the life out of everyone. I am just trying to sponge up as much info as I can.

My question is in the form of a hypothetical daydream. If a person in the state of Florida should find something in the water Who would he talk to about legally salving it? Would the state issue a permit to salvage? Is their an advocacy or legal group to help?

As I read the law it is illegal for me to pick up a 1960 penny off the beach.

Thanks for your thoughts

SBL

[signumops]

Are you a sheep, or are you a wolf? You must know that first before any answer makes sense.

[sailboatlarry]

Are you a sheep, or are you a wolf? You must know that first before any answer makes sense.

Wolf without a doubt! 4th generation Conch following up on stories my father and uncles told me about what they used to bring up in their nets.

[FISHEYE]

What did your father and uncles bring up in their nets?

[signumops]

Good. If you were a sheep, the answer is simple... you will mind your own business, do what you are told, and behave as expected. Being a wolf, you will find your opportunities, perhaps running with a pack on occasion when convenient, but always being wary of the other wolves. Wolves are known to fight with one another, whereas sheep remain sedentary and busy with consumption most of their waking hours.

This parable includes two other actors: wolves dressed as sheep, and the "good" shepard(s), both of whom you will find here giving you advice about what you can and can not do.

As a wolf you may have to expend some energy and avoid the shepard to get your reward. And you may also have to fight off other wolves if you intend to enjoy the fruit of your labor.

In Florida, you can not expect help from the state in any fashion. They will always say "no". This is due, primarily, to the wolves dressed in sheep's clothing.

[capt dom]

The timing is right now to do something about the
Department of State in Florida, letting its Departments
take advantage of the Florida taxpayers and the few who
still actually have jobs!

Some effective communication to Governor Rck Scot's office
needs to be relentless - as the change of guard that is beginning
to happen in DHR begins to take place.

Florida's single largest contributor to "jobs" is tourism - not government!
THIS IS THE TREASURE COAST!

TOURISM CREATES JOBS!

ALMOST EVERYONE LOVES A TREASURE HUNT!

except some disgruntled publicly employed archaeologists

It doesn't take an un employed rocket scientist to figure out if
the government supports pro-business approach to undersea exploration
it will stimulate tourism and public
interest and then JOBS........

[bikerlawyer]

Capt Dom is right, if there ever was an opportunity it is now! What changes are happening at DHR? Is Ryan Wheeler still in charge?

[capt dom]

I have heard from more than one source he is moving on to greener pastures.....

But, I mam wrong a lot so this needs to be checked out by someone closer
to Tallahassee and the D.O.S. than me.

[Digger54]

Good. If you were a sheep, the answer is simple... you will mind your own business, do what you are told, and behave as expected. Being a wolf, you will find your opportunities, perhaps running with a pack on occasion when convenient, but always being wary of the other wolves. Wolves are known to fight with one another, whereas sheep remain sedentary and busy with consumption most of their waking hours.

This parable includes two other actors: wolves dressed as sheep, and the "good" shepard(s), both of whom you will find here giving you advice about what you can and can not do.

As a wolf you may have to expend some energy and avoid the shepard to get your reward. And you may also have to fight off other wolves if you intend to enjoy the fruit of your labor.

In Florida, you can not expect help from the state in any fashion. They will always say "no". This is due, primarily, to the wolves dressed in sheep's clothing.

I found your post both amusing and accurate, well done.

[sailboatlarry]

So what steps should be taken? Petitions? letter writing campaigns? Wine and dine a few bureaucratic boneheads? I would be certain the general public here in Key West and Monroe county would be happy to apply pressure. We have a passion for wrestling with bad government. Being a small niche community it will take getting the average Joe Voter to join our side.
I personally am trying to compile data on how much revenue treasure hunting could bring the state.

Another question. Is the states 20% cut of all finds supposed to be allocated to education, research and exhibition only? Or are they allowed to sell them for profit? I took some clients to Bahia Honda State park and they all bought Atocha coins there. I will find the source of the coins. If they come from the states pool it could be criminal. And the people of Florida could have a case against the state for misappropriation. At least that would criminalize the states actions and boost public support for our cause.
Just a thought.

SBL

[Salvor6]

Sailboatlarry we had petitions, we had coalitions, we had email campaigns, we (the treasure hunters) even hired a lobbyist but the Division of Historical Resources will not issue a permit to professional treasure hunters. Period!
The states 20% cut is kept hidden in the basement of the Bronough building in Talahassee. It has been slowly disappearing. Past govenors have given out coins as gifts to visiting dignitaries, stuff has disappeared and employees have pilfered the collection. Several state legislators (including Rep. Ilieana Ross-Leightning) have called for an accounting of the collection but somehow it is never done. The state has no Atocha coins since that wreck was ruled outside of state waters. Half the treasure confiscated by the state before the ruling disappeared before they had to give it back to Mel Fisher. Maybe thats part of the missing loot!

[FISHEYE]

Seafarer just got a permit with the state.How did they do it?Did they threaten to sue the state?

[sailboatlarry]

It looks to me like the easiest excuse for denying a permit would be lack of state funding or resources. Regardless of the funds available. So that brings me to the thought of a self governing body. Like padi/naui regulate diving, EAA regulate ultra lite aircraft and so on. Hell even the IRS is a private corporation (In Puerto Rico if you want to do some checking).
If a qualified Not For Profit organization was formed to operate as a liaison to DHR it would be easier to twist the legislation. Just because it is a NPO doesn't mean people affiliated with it cant receive performance based salaries (you are paid what you find). It could easily even qualify for state and federal grants to pay for staff archeologists, internships, equipment, and facilities.

It would take a couple of years to get rolling. But as it stands legislation may never be corrected.

SBL

[Salvor6]

When I talked to Dr. Roger Smith at DHR he said he would issue a permit to a non-profit organization like the Institute of Nautical Archaeology at Texas A&M. But they are not interested in a wreck thats been picked over by the locals for the last 40 years. If you own a reptuable salvage company, have a conservation lab (or acess to one) and plenty of cash in the bank you MIGHT get a permit.