Re: Brevard County Florida planning on banning
smittyw said:
I agree with being a detectorist vs a treasure hunter, however, the people who make the laws look at it that we are treasure hunting.
As to legality of Metal Detecting in Hillsborough County Parks, please note the following and decide which way you want to play it.
Hillsborough County Ordinance 08-17
Section 5, sub (B) : Historical, Curtural and Archaeological Items; No persons shall damage, alter or remove such items from park.
*Section 8*, sub (s) Treasure Hunting: Treasure hunting is prohibited in all parks and all park property.
Effective 7 Aug 08, violations punishable as misdemeanor under Florida section 125.69.
I am happy that those of you who have hunted Lithia had fun and I hope no one screws that up for you and others, but from what I read in the Ord., it could cause you a problem.
I was a Deputy Sheriff in this county for 35 years and know I would not have given an MDer problems unless forced to by county staff (heck, I would probably have helped him pry out the target), but there is a new breed out there now and I see a lot less discretion being used now than ever before.
My two cents worth. HH to all.
We will have to push the difference between treasure hunter and hobbyist, ourselves. There IS a difference, after all. I do agree that the ordinance paints with a broad brush. A kid in a tot lot, with sand scoop in hand, can be in violation, as it stands.
"Hey kid what are you doing?"
"Oh! Im looking for the pirate treasure I heard about on the news!!"
"Well, you'll have to come with me. We have rules against THAT sort of thing..."
You are right about the cops, and authorities in general, not being discerning. Common sense is not in favor as it once was. It is more about what THEY expect, or permit, than what you are actually doing.
I've run afoul of that myself, while detecting. I had to go just because I was there, even if it WAS a public place. Some concerned citizen had called in on their cell phone, of course. It didn't matter that I was harmless, even helpful in my presence.
As I've learned, any cop worth the name can find you guilty of something. When a cop is called, he or she
must flex the enforcement powers they are given. It's what we pay them for - the majority of the people endorse that, regardless of the situation. Cops are right, citizen is not.
It's a weather change, to be sure.
A potentially simple solution to this is the permit. Like a fishing license, it permits you to do your thing with the blessing of the authorities. Gone are the days of the independent man, anyway, going about his business. That died with JFK.
The group mind has taken hold, now. This means you need permission to do things where the public controllers are concerned.
This goes against the grain of the detectorist, who prefers anonymity. But those days are passing.
I sent a message to the Brevard Parks commission to that effect. I don't like permits at all; I dont need to be given someones "permission" to be a harmless citizen.
But they are a way around the problem. Sometimes you lose a battle so you can win the war.
