How "hot" is it down in the Keys in terms of diving with a detector ???

[hobbit]

I am talking about the general area of the Key's National Marine Sanctuary and not one of the "special" areas.

I know it is technically illegal to posses artifacts more than 50 years old and that it is illegal to dig, but I can't find any law that expressly forbids diving with a detector.

I haven't been diving in the Keys since the 90's and I am curious as to any and all experiences with local law enforcement types down there...I don't want to risk having my boat and gear impounded and having to go through a long legal process to get them back even if I wasn't technically doing anything wrong.

Thanks in advance.

 

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[pvet7521]

I was on a small project this spring with the FKNMS in marathon . I asked that exact question and was told they do not stop anyone from metal detecting in the sanctuary. If you want to check you can call 305 852 7717 ex 34 and ask for Brenda

 

[PhipsFolly]

They may not stop you from metal detecting but rest assured, if FWC catches you with a metal detector and objects of an historical nature (anything 50 years or older), or if they observe you disturbing the bottom in any way, you will be subject to forfeiture of your metal detector and boat (and anything on board your boat at the time) and most likely will be prosecuted for such illegal activities! Good luck!

 

[ARC]

Caught digging in water... in sanctuary... relics in hand or nearby.
You will be arrested... charged...and forfiet any and all items concerning your activity... depends on the cop... your car parked in the boat ramp parking lot.... will be also siezed.. anything in connection to your activity is subject to forfeture.

 

[ARC]

P.S. I know of a guy that is serving a 2 year prison sentence for digging on dry land and found indian artifacts... showed them to a guy at flea market... (do not know if he sold em) they followed him for months... arrested him while he was detecting near original area by jumping out of woods in camo. MONTHS LATER.

 

[hobbit]

I was on a small project this spring with the FKNMS in marathon . I asked that exact question and was told they do not stop anyone from metal detecting in the sanctuary. If you want to check you can call 305 852 7717 ex 34 and ask for Brenda

Thanks for the info...

I called the Key Largo office and they gave me the lowdown. I am not worried a bit now.

 

[minnesota outdoors north]

if it is on your private property you are ok as i understand it...

Gary

 

[G.I.B.]

Thanks for the info...

I called the Key Largo office and they gave me the lowdown. I am not worried a bit now.

Care to share? What was the lowdown?

 

[pat-tekker-cat]

Thanks for the info...

I called the Key Largo office and they gave me the lowdown. I am not worried a bit now.

Care to share? What was the lowdown?

Well yeah, we don't want to ALL have to call and bother Brenda! LOL!

 

[hobbit]

The officer I spoke to (I guess Brenda was off...LOL...) told me there was nothing illegal about possessing or diving with a detector within the sanctuary, but that excavation or artifact recovery was strictly illegal without the necessary permits.

I would advise anyone interested in detecting down there to call the office yourself...my guess is that some of the officers don't really know the law themselves and could potentially create a hassle for you.

 

[seeker41]

all depends on who's watching and if they want to bother with enforcing the law!!! it is not illegal to metal detect in the water but it is illegal to disturb the bottom/submerged lands(dumbest thing ive ever heard), it is illegal to possess anything man-made older than 50 years.
how hot is it,.........if they decide to turn up the heat it could get very hot!!!!!

 

[Jolly Mon]

"Below the average high tide mark is State Sovereign Submerged lands where all artifacts belong to the state, and archaeological excavation is not allowed without proper permitting from this office. In most cases permits from the Department of Environmental Protection and the Army Corp of Engineers are also necessary. Digging or destruction of buried archaeological remains without the proper permitting from the Division of Historical Resources is a 3rd Degree Felony. Since the solitary function of a metal detector is to locate buried metallic items and then recover the buried object by digging, and because it can never be predetermined whether a metal object is a newly lost item or centuries old archaeological artifact, it is our policy to not allow this activity in the water."---Florida Dept. of State 2013

Want more crazy??...according to the Florida Public Archaeology Network, FPAN, it is illegal to dig a hole ANYWHERE below the mean high tide line (State Sovereign Submerged lands)...so the next time you see those kiddies at the beach with their plastic shovels and buckets...

 

[seeker41]

"Below the average high tide mark is State Sovereign Submerged lands where all artifacts belong to the state, and archaeological excavation is not allowed without proper permitting from this office. In most cases permits from the Department of Environmental Protection and the Army Corp of Engineers are also necessary. Digging or destruction of buried archaeological remains without the proper permitting from the Division of Historical Resources is a 3rd Degree Felony. Since the solitary function of a metal detector is to locate buried metallic items and then recover the buried object by digging, and because it can never be predetermined whether a metal object is a newly lost item or centuries old archaeological artifact, it is our policy to not allow this activity in the water."---Florida Dept. of State 2013

Want more crazy??...according to the Florida Public Archaeology Network, FPAN, it is illegal to dig a hole ANYWHERE below the mean high tide line (State Sovereign Submerged lands)...so the next time you see those kiddies at the beach with their plastic shovels and buckets...

exactly!!!!!! this was all done quietly in 2013 after we defeated/raised heck over a similar bill in 2012, they got this through without anyone noticing until after the fact!!!! it gives them the power to really nail someone if and when they choose to do so.
if anyone wants to get organized and fight this and maybe get a finders keepers or portable antiquities type law to replace it im all for it!!!! i tried to get something started but everyone seems to be extremely apathetic and beaten into submission!!!!!!!!

chuck.

 

[G.I.B.]

Want more crazy??...according to the Florida Public Archaeology Network, FPAN, it is illegal to dig a hole ANYWHERE below the mean high tide line (State Sovereign Submerged lands)...so the next time you see those kiddies at the beach with their plastic shovels and buckets...

Have you a phone number for these good folks? Perhaps we should all start reporting people we see digging holes in the sand.

After all, it's our civic duty...

 

[Salvor6]

Have you a phone number for these good folks? Perhaps we should all start reporting people we see digging holes in the sand.

After all, it's our civic duty...

So you want to report all the kiddies digging on the beach with their plastic shovels?

 

[aquanut]

So you want to report all the kiddies digging on the beach with their plastic shovels?

That should tie up their phone lines so no one will be able to report us Pete!

 

[Jolly Mon]

"Since the solitary function of a metal detector is to locate buried metallic items and then recover the buried object by digging, and because it can never be predetermined whether a metal object is a newly lost item or centuries old archaeological artifact, it is our policy to not allow this activity in the water."---Florida Dept. of State 2013

Note the language here:

"it is our policy to not allow this activity in the water" ....

It does not say metal detecting is "illegal" or "against Florida statute".

Also note that metal detecting and mag surveys are done all the time without any excavation taking place...

One might well detect in order to pinpoint a possible location for filing an exploration permit, for instance.

Also, if one concentrates in areas where erosion is taking place, it is entirely possible to recover metallic objects without any excavation whatsoever.

Isn't it wonderful that the bureaucrats at the Florida Dept. of State feel they can take away your right to perform an activity...even if that activity is manifestly not illegal under Florida Statute??

 

[Bum Luck]

They have done so without overtly doing so.

Such is the mind of an archie-crat.