Metal detecting underwater in Florida

[achanceforgold]

Ok. That makes sense. Just to be sure:

1. If you find a Spanish coin on the beach, do you have to turn that over to the state?
2. What if you find one underwater in non-leased waters?

Florida beaches cannot be owned.
But the state and local municipalities can regulate them.

Most all beaches in Florida are open to Public.
But The Federal government has issued some beaches off limits.
Areas around Cape Canaveral for example.

Metal detecting is not allowed on Federal Designated beaches.
Canaveral Sea Shore as an example. Green is the National Parks

All other Beaches
From the low tide line of the water to the foot of the sand dunes is open territory.
Finders Keepers. My understanding is you don't have to report anything you find in this area.
Certain municipalities may have put a regulation on the local beach. You will have to check.
Some beaches are regulated due to security reasons. An example where the Navy Seals Train.
Or near where certain wealthy people live on Palm Beach.

But in general, all beaches are open to metal detecting. It is a huge tourist draw for Florida.
Now if you are splashing around in the water up to your waste with your metal detector.
Probably no one will say anything to you. Recovery boats can't access that area.
But if you have your diving gear on and splashing around, they will probably stop you.

Low tide water line to foot of dunes is open area.
Low tide line to three miles out, the State owns that area.
You have to report any artifacts found.
The Dunes are totally off limits everywhere.
Don't go on the Dunes, stay on the walking paths.

If a homeowner along the beach comes out saying that is their beach. Tell the go to H E double toothpick.
No one can own the beach in Florida. I've had people who live in Condo complex's trying to claim the beach in front of their Condos was theirs.... Nope. These are mostly Northerners who don't understand. It is the "Free State of Florida."

Check with the locals if there are any restrictions on a certain beach.

and check with this poster here on TN
he'll be able to give you all the info on leases.
https://www.treasurenet.com/threads/treasure-diving-business-opportunity.709596/

 

[Treasure_Hunter]

What you find on the beach above the water line is yours.

 

[CASPER-2]

Thanks for the info. I think I might have heard of this story before. A 50/50 split would explain how they were able to do that.

I would like to read some posts where people got caught detecting the 1715 wreck and what happened.

I know i guy - a pretty famous guy that hunted in waters there - without permit or permission
he went diving before sunrise - and got a pretty valuable piece of spanish gold - poaching on
someone else's claim - I swore Id never out him but maybe on my death bed i will

 

[OBXmetalDet]

I know i guy - a pretty famous guy that hunted in waters there - without permit or permission
he went diving before sunrise - and got a pretty valuable piece of spanish gold - poaching on
someone else's claim - I swore Id never out him but maybe on my death bed i will

Thats risky.

 

[OBXmetalDet]

All other Beaches
From the low tide line of the water to the foot of the sand dunes is open territory.
Finders Keepers. My understanding is you don't have to report anything you find in this area.

But in general, all beaches are open to metal detecting. It is a huge tourist draw for Florida.

I'm glad to hear this. I think I understand now.

 

[achanceforgold]

I'm glad to hear this. I think I understand now.

Ropefish, a TN member who does salvaging poste this information.
it is very informative if you are seeking 1715 treasure along the beach.

Underwater leases

I just saw two nice charts with leases from north of canaveral to jupiter. I went to the St Lucie County museum in Fort Pierce and they had a room with 1715 artifacts on loan from the state. I wish they had chart replicas for sale in the gift shop.On an unrelated note, it showed the naval...

www.treasurenet.com

 

[Honest Tippy]

From what I understand, you can't metal detect in the water off of Vero Beach and nearby areas because of that company that has a lease off shore right? By the way, I think this is very unfair and offensive.

What areas (from where to where) are you not allowed to metal detect underwater right off shore?

Where are you allowed to detect underwater?

Hire a great attorney and good luck

 

[Treasure_Hunter]

Hire a great attorney and good luck

Lawyer not going to do much good but take your money, state owns the treasure coast beaches by law and only lease holders can hunt in the lease waters period.

 

[OBXmetalDet]

Lawyer not going to do much good but take your money, state owns the treasure coast beaches by law and only lease holders can hunt in the lease waters period.

State waters only go out so far right? Beyond state waters you should be ok right?

How far out do the state waters go?

 

[Treasure_Hunter]

State waters only go out so far right? Beyond state waters you should be ok right?

How far out do the state waters go?

Dont think you are going to like the answer.

State waters extend 3 nautical miles off shore, then it is federal waters for 200 miles.

It is illegal for private citizens to recover artifacts from federal waters without a permit. Numerous laws establish federal ownership over submerged cultural and historical resources and impose severe penalties for unauthorized disturbance, including fines and imprisonment.

Sunken Military Craft Act (SMCA)

• Prohibits disturbance: The SMCA protects all sunken military craft owned by the U.S. government, as well as foreign military craft in U.S. waters, regardless of their location or the passage of time.
• Permitting program: The U.S. Navy manages a permit program for activities directed at sunken military craft. Permits are issued only for archaeological, historical, or educational purposes to qualified institutions and require all recovered artifacts to be preserved.
• Strict penalties: Unauthorized disturbance can lead to civil penalties of up to $100,000 per violation, in rem liability against vessels used in the violation, and civil action to recover damages and enforcement costs.

Archaeological Resources Protection Act (ARPA)

• Protects archaeological resources: This law protects any items of archaeological interest that are more than 100 years old and located on public lands, including federal waters.
• Requires a permit: A permit is required for any archaeological investigation that involves the excavation or removal of artifacts.
• Severe penalties: Violating ARPA is a criminal offense punishable by fines of up to $250,000 and up to 10 years in prison, in addition to confiscation of equipment.

 

[OBXmetalDet]

Dont think you are going to like the answer.

State waters extend 3 nautical miles off shore, then it is federal waters for 200 miles.

It is illegal for private citizens to recover artifacts from federal waters without a permit. Numerous laws establish federal ownership over submerged cultural and historical resources and impose severe penalties for unauthorized disturbance, including fines and imprisonment.

Sunken Military Craft Act (SMCA)

• Prohibits disturbance: The SMCA protects all sunken military craft owned by the U.S. government, as well as foreign military craft in U.S. waters, regardless of their location or the passage of time.
• Permitting program: The U.S. Navy manages a permit program for activities directed at sunken military craft. Permits are issued only for archaeological, historical, or educational purposes to qualified institutions and require all recovered artifacts to be preserved.
• Strict penalties: Unauthorized disturbance can lead to civil penalties of up to $100,000 per violation, in rem liability against vessels used in the violation, and civil action to recover damages and enforcement costs.

Archaeological Resources Protection Act (ARPA)

• Protects archaeological resources: This law protects any items of archaeological interest that are more than 100 years old and located on public lands, including federal waters.
• Requires a permit: A permit is required for any archaeological investigation that involves the excavation or removal of artifacts.
• Severe penalties: Violating ARPA is a criminal offense punishable by fines of up to $250,000 and up to 10 years in prison, in addition to confiscation of equipment.

You're right. I didn't like the answer.

But in all seriousness, your response will help others in the future. Undoubtedly, there will be others with the same question I had.

Thank you for such a thorough reply.

I'm not willing to swim 203 miles either.

 

[Gold_FInger]

The beach can be detected. From low tide area to the dunes. Don't go into the dunes.

The story I heard goes like this.
When Mel Fisher Found the Atocha, it was further than 3 miles offshore of Florida state waters.
But within 10 miles of U.S. waters.
The nuts in Tallahassee Florida tried to claim the Atocha treasure by increasing the Florida State waters to 10 miles in that area.
Mel sued them. The lawsuit went to the Supreme Court and Mel won the suit and was awarded 2 million dollars in legal fees.
The Supreme Court issued a ruling the State waters can only extend 3 miles. The states cannot randomly change it.

Florida did not want to pay 2 million dollars, so Mel worked out a deal to get the rights to the leases for the 1715 Treasure Fleet in exchange for the 2 million in legal fees.

The leases sat dormant for quite a while. But after Mel's death, A company called Queens Jewels bought the lease rights from the Fisher family. Because The 1715 fleet is within 3 miles of Shore, The State has first right to any find. If it is thought to be of historical significance. Florida can claim it and give the finder a percent of the determined value. I think 25 percent. Else, any find they don't want to keep. The State gets a percent of the value, the lease holder gets a percent, and the finder gets a percent. The State determines the value.

Or this is how I remember. Someone may correct me.

Pretty much a very hard read unless you have a law library at your disposal, (Online or physical).. but here is SCOTUS decision...

https://supreme.justia.com/cases/federal/us/458/670/