Florida Artifact Laws

[Knight_of_Excalibur_II]

I have a few questions and food for thought about the existing laws in Florida regarding artifacts and treasure hunting, as I feel there is a confusing amount of ambiguity . Perhaps this is intentional, which is ironic for one of the presumed most detectorist-friendly states.

Below are a few laws written according to my best understanding:

1. Any submerged / buried object that can be reasonably identified as 50+ years or older is classified as an "artifact" by state law and must be reported to the state. If the object can be identified before recovery, it is illegal to remove it from situ.
2. Any objects recovered on submerged land, or shipwrecks within 3 nautical miles of coastline are considered state property, as the submerged land itself is state property. For the next 200 nautical miles of coastline, the same rules apply for federal property.

Questions for Law 1, presuming correct interpretation:

1. By this definition of artifact, a clad quarter from 1976 or earlier, Mercury dime, etc. would be considered an artifact. Are you required to report something like that to the state then? My intuition tells me this is more geared towards Native American and Spanish colonial artifacts, but without explicit mention, I feel the need for clarification.
2. Does anyone have experience with the process of reporting a potential artifact to the state? If so, how was it? Did they let you keep what you reported? Why or why not?
3. How does this law contend with general treasure coast finds? There is a consensus amongst hobbyists, Queen's Jewels, and local authorities that you are allowed to hunt, as a hobbyist, between the toe of the dune and the mean high tide line, and keep what you find, provided the dry beach itself is not a protected area. If you find something on the treasure coast, following accordingly, are you required to report it to the state, despite that? Would the state let you keep it?
4. Let's say Billy Bob loses his gold class ring on a public Florida beach. Billy Bob passes away with no surviving family. 50+ years later John Doe, metal detects it, and recovers it. Does it need to be reported to the state? Does the state own it or John Doe?

Questions for Law 2, presuming correct interpretation:

1. Would this not imply that metal detecting in the surf, or submerged lands, anywhere in Florida is de facto illegal? If so, is this just a law that is not enforced, or selectively enforced when colonial artifacts, treasure, or national / state parks are involved? There are plenty of people that detect in the surf all across the state for several decades, and no local authorities seem to take issue except in active salvage lease areas.
2. Would this not also imply that anything recovered from the surf, whether modern or antique, belongs to the state? If Billy Bob loses his ring in the surf, does it then belong to the state?

My opinion:

If I've interpreted these correctly, I feel like these laws are overly ambiguous, and I feel like that is by design to basically to allow the state to do whatever it wants, and overreach its own power, making treasure hunting a legal gray area, probably selectively, when significant monetary value is involved.

I understand and support the desire to preserve cultural heritage-- I think colonial wreck sites should be protected, and responsibly salvaged, but the above seems like state greed masquerading as "preservation", with how overly ambiguous, nonsensical and contradictory the laws are with practical reality. I have heard and read stories about people finding random Spanish colonial artifacts in the surf in Melbourne, where it is presumably ok to detect in the surf since there are no active salvage lease zones there, and yet if the laws above are correctly interpreted, that would mean that anyone who finds a random artifact wash to shore or near-shore, like Terry Shannon, is a lawbreaker, which sounds absurd, considering he is a well known public figure, and the state is surely aware of his finds and activity.

Let me know your thoughts. Am I misinterpreting, reading too far into it, do you agree, disagree, etc?

 

[Treasure_Hunter]

Law is the law. Been hunting Fl beaches for 20 years, it is easy, stay out of the treasure leases, stay off the dunes,

Yes state law says anything over 50 years is considered artifact.

No, no one is going to arrest you or take away a 1967 quarter or a class ring, find a gold coin in Melbourne surf keep it, find it in surf of Treasure Coast beach you are violating a law that is enforced, find it on the beach out of the water keep it.

You are trying to split hairs... The state cares about what is found on the Treasure coast leases, it doesn't really care about the other beaches. I have recovered gold rings on Daytona beach with police standing watching me dig it up, all he said was "nice".

 

[pepperj]

Any submerged / buried object that can be reasonably identified as 50+ years or older is classified as an "artifact" by state law and must be reported to the state. If the object can be identified before recovery, it is illegal to remove it from situ.

That highlighted area has me thinking.🤣

 

[Knight_of_Excalibur_II]

Any submerged / buried object that can be reasonably identified as 50+ years or older is classified as an "artifact" by state law and must be reported to the state. If the object can be identified before recovery, it is illegal to remove it from situ.

That highlighted area has me thinking.🤣

I'm thinking if an object is partially buried, or you dig a similar object prior and get the exact same signal on the next target a few feet away for example.

@Treasure_Hunter the reason I ask is that I've received conflicting accounts from different sources, take the following email for example:

 

[Treasure_Hunter]

You didnt ask about state parks. Florida state parks are off limits unless they border the ocean, most Fl state parks allow detecting in water and adjacent beaches but be sure to ask as you enter. I've hunted state park beaches in south Florida and west Florida with no issues, I still asked when I enter at gate.

If you lose a ring in a Fl state park they will usually allow you to detect for it, but you have to ask first, describe what you lost, and where you think you lost it, and they will allow you to recover that object only searching the area you think it was lost, but they will keep eye on you.

All National Seashores are 100% illigal as are US government land in Fl. As example can't hunt Cape Canaveral beaches.

 

[cudamark]

I'm still trying to figure out why Florida (and maybe other east coast states as well) have a fixation on preventing us from detecting sand dunes. How can we possibly hurt a sand dune just scooping down a foot or two. We have beach dunes here in Calif with none of these restrictions that I'm aware of. We even have temporary dunes (berms) that they build during the winter to help prevent erosion that you can still detect and dig in them all you want. Does Florida really think that what we do will compromise a dune to the point it will cause a failure in a storm?

 

[Treasure_Hunter]

Problem is people digging on dunes destroy the seaoats which helps hold the dunes together. Dont think you see a lot of hurricanes in California like we do in Florida. 120mph winds kick up quite a surf....

Digging, driving and walking in dunes was outlawed in Fl in 1971, fines are pretty steep.

State Law: Under the Florida Beach and Shore Preservation Act (Florida Statutes Chapter 161), causing damage to dunes or removing protected vegetation like sea oats without a permit is a first-degree misdemeanor, punishable by up to one year in jail and fines up to $1,000.

 

[cudamark]

From what I've seen of dunes and storms on both coasts, if the ocean wants to take out a beach, it will, regardless of what is growing on a dune, or how high the dune is. slow down the erosion a bit, probably, but, prevent it.....nope.

 

[Treasure_Hunter]

If a major hurricane wants to take a dune out it will, but no need to add to beach damage from smaller storms by damaging the dunes, the dunes do a very good job of protecting our beaches.

Why Coastal Dunes Are Florida's First Line of Defense

A Guide for Treasure Coast visitors and NewcomersThere's a reason the first thing you notice when you arrive at a Treasure Coast beach isn't the ocean — it's the wall of sand, sea oats, and scrubby vegetation that stands between the parking lot and the waves. Those are the dunes. And they're...

www.treasurecoastalmanac.com

 

[cudamark]

I just can't see taking a few scoops of sand here and there having any effect on that. It doesn't seem to here, and we have some pretty good Pacific storms roll through every year. Maybe not hurricane strength, but, from my experience having lived on both coasts, our regular waves tend to be a bit bigger and more powerful than east coast waves as a general rule.

 

[Treasure_Hunter]

I just can't see taking a few scoops of sand here and there having any effect on that. It doesn't seem to here, and we have some pretty good Pacific storms roll through every year. Maybe not hurricane strength, but, from my experience having lived on both coasts, our regular waves tend to be a bit bigger and more powerful than east coast waves as a general rule.

It wouldn't be few scoops with all the beach hunters who live here and travel here for vacations with their detectors.

Dont know what coast you lived on here, huge difference between surf on gulf coast vs east coast, and even bigger difference between normal surf and surf from cat 2-5 hurricane.

Not unusual to get 30 foot swells off shore, and 10-20 ft waves crashing ashore during hurricanes, and Fl east coast beaches are also pretty flat, so waves surge pretty far inland

 

[cudamark]

People wouldn't be removing the dune, just sifting some of it. Are you saying the sea oats would be harmed to the point of them dying? Are they slow growing? If nobody is allowed on the dunes, I wouldn't think there would be much in the way of targets there to dig anyway. As I mentioned, I'm not talking about hurricanes. Concrete sea walls won't even hold them back, so, a dune with sea oats hasn't got a chance of doing it. I've lived both in New England and South all the way to the Carolinas. Visited Florida many times to friends and family who live there. I've also lived in 3 different California beach areas. I haven't hunted the gulf coast. I'm not saying the law is wrong, just that it doesn't make sense to my ignorant mind, since we don't have those restrictions here, with similar regular storms and sea conditions. We have some beaches that have sand a hundred yards across from ocean to boardwalk, and 20 feet deep during the summer, and no sand at all after a big winter storm. Just the natural accretion and erosion pattern between summer and winter. Granted, most of the time it's not that severe, but, not uncommon either. They do push up berms in some areas to help with minor stuff, but, those berms do nothing in big storms where we usually (and chronically) have local flooding in low lying areas.

 

[Knight_of_Excalibur_II]

People wouldn't be removing the dune, just sifting some of it. Are you saying the sea oats would be harmed to the point of them dying? Are they slow growing? If nobody is allowed on the dunes, I wouldn't think there would be much in the way of targets there to dig anyway. As I mentioned, I'm not talking about hurricanes. Concrete sea walls won't even hold them back, so, a dune with sea oats hasn't got a chance of doing it. I've lived both in New England and South all the way to the Carolinas. Visited Florida many times to friends and family who live there. I've also lived in 3 different California beach areas. I haven't hunted the gulf coast. I'm not saying the law is wrong, just that it doesn't make sense to my ignorant mind, since we don't have those restrictions here, with similar regular storms and sea conditions. We have some beaches that have sand a hundred yards across from ocean to boardwalk, and 20 feet deep during the summer, and no sand at all after a big winter storm. Just the natural accretion and erosion pattern between summer and winter. Granted, most of the time it's not that severe, but, not uncommon either. They do push up berms in some areas to help with minor stuff, but, those berms do nothing in big storms where we usually (and chronically) have local flooding in low lying areas.

>If nobody is allowed on the dunes...

That is correct, nobody is allowed. So there are little to no targets, no modern trash, etc. There is also other sensitive vegetation, and animal life that lives there, the foot traffic and people digging would damage the roots, and kill off the vegetation which serves as a habitat for the wildlife as well as a buffer for peak erosion events. Our dunes are typically covered fairly densely with this vegetation. I agree that it seems a little overzealous, but all it takes is a few bad actors to do significant damage. You might be careful, but someone else is a different story. That being said, if you go up to the dune, the lifeguard / beach custodian will whistle and tell you to get off the dune. I imagine you'd only get fined if you willfully ignore the warning, or have already dealt damage.

What I find difficult to believe is the following hypothetical: John Doe goes to Melbourne, against all odds he finds an escudo, or a gold finger bar, some artifact with significant monetary value in the surf in a non-protected, non-archaeological area. John Doe posts about it on the internet, the news covers it, and somehow the state magically leaves him alone, and doesn't try to confiscate or contest ownership. At what point would one need a salvage permit?

 

[cudamark]

What animals are living in the Florida sand dunes? The only ones we have here are rats and ground squirrels, both of which we're trying to irradicate as they carry diseases. We do have some protected sanctuaries for various species of shore nesting birds, but, not the entire beach. The birds go to those areas.....they're not completely stupid. What happens after a hurricane? Doesn't it wipe out that area anyway? Dune gone, plants gone, animals gone. Don't they come back naturally? Somehow I just see the human factor as being insignificant compared to what mother nature does on a regular basis, but, I've been wrong before!

 

[Treasure_Hunter]

It

>If nobody is allowed on the dunes...

That is correct, nobody is allowed. So there are little to no targets, no modern trash, etc. There is also other sensitive vegetation, and animal life that lives there, the foot traffic and people digging would damage the roots, and kill off the vegetation which serves as a habitat for the wildlife as well as a buffer for peak erosion events. Our dunes are typically covered fairly densely with this vegetation. I agree that it seems a little overzealous, but all it takes is a few bad actors to do significant damage. You might be careful, but someone else is a different story. That being said, if you go up to the dune, the lifeguard / beach custodian will whistle and tell you to get off the dune. I imagine you'd only get fined if you willfully ignore the warning, or have already dealt damage.

What I find difficult to believe is the following hypothetical: John Doe goes to Melbourne, against all odds he finds an escudo, or a gold finger bar, some artifact with significant monetary value in the surf in a non-protected, non-archaeological area. John Doe posts about it on the internet, the news covers it, and somehow the state magically leaves him alone, and doesn't try to confiscate or contest ownership. At what point would one need a salvage permit?

It isnt hard to understand.

We are not allowed in the dunes, detecting, digging, or even walking in dunes violates state law.

We are not allowed to detect in the water of the treasure lease areas, unless you are part of a lease company.

You can legally detect from the toe of dunes to the water line on Treasure coast, but you are not allowed to put your coil in the water at all unless you are working for the lease company. Out of lease area it is legal to hunt in the water. Some local city beaches restrict how deep you can dig, varying from 12-18". Cover all holes.

 

[Knight_of_Excalibur_II]

It



It isnt hard to understand.

We are not allowed in the dunes, detecting, digging, or even walking in dunes violates state law.

We are not allowed to detect in the water of the treasure lease areas, unless you are part of a lease company.

You can legally detect from the toe of dunes to the water line on Treasure coast, but you are not allowed to put your coil in the water at all unless you are working for the lease company. Out of lease area it is legal to hunt in the water. Some local city beaches restrict how deep you can dig, varying from 12-18". Cover all holes.

I understand the basic premise...

Does this also extend to salvaging then? I know Florida has salvaging permits, so I'm curious where the cutoff between salvaging and casual metal detecting is, i.e. what warrants a permit. Let's say you discover part of a colonial shipwreck in shallow water, undocumented, unknown to the public, and outside the official treasure lease zones. According to you, it would be fine to detect it and recover items without a permit then? Or am I misinterpreting?

 

[Treasure_Hunter]

I understand the basic premise...

Does this also extend to salvaging then? I know Florida has salvaging permits, so I'm curious where the cutoff between salvaging and casual metal detecting is, i.e. what warrants a permit. Let's say you discover part of a colonial shipwreck in shallow water, undocumented, unknown to the public, and outside the official treasure lease zones. According to you, it would be fine to detect it and recover items without a permit then? Or am I misinterpreting?

There is a difference between detecting and salvaging a wreck.

Under the Abandoned Shipwreck Act of 1987, all shipwrecks embedded in Florida’s state-owned submerged lands belong to the state. Florida law strictly prohibits the unauthorized removal of artifacts or disturbance of historical sites.

Any wreck discovered within 3 miles of florida shores on Atlantic belongs to the state, in the Gulf it is 10 miles, you have to apply for salvage rights.

After 10 miles it belongs to federal government. For wrecks discovered beyond state waters, federal admiralty laws apply, but foreign sovereign immunity usually preempts private salvage claims.

it would be easier to win the Florida state lottery back to back to back 3 times, than to get a salvage permit in Florida

 

[Digger54]

"Any submerged / buried object that can be reasonably identified as 50+ years or older is classified as an "artifact" by state law and must be reported to the state."

This would explain the lack of posts of 1715 Fleet artifact finds from the Treasure Coast beaches.

 

[russau]

How far out into the water can the State claim to be their's and NOT Federal ?

 

[Treasure_Hunter]

How far out into the water can the State claim to be their's and NOT Federal ?

On the Atlantic Side it is 3 miles, then it is federal waters for 200 nautical miles, on the gulf side it is 10 miles then it is federal waters for 200 nautical miles.