While we were sleeping, they took the mile.

[Au_Dreamers]

This is a briefing on the metal detecting laws received by Jon M. from Mr. Ken Detzmer. Secretary of State for the State of Florida.

Metal detecting in the water is easier to explain. Below the average high tide mark is state sovereign submerged bottomlands 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, this activity is not allowed in the water.

http://treasurebeachesreport.blogspot.com/

 

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[GatorBoy]

That was probably a mis-speak
It contradicts the written law.
Whether he or his secretary typed that up the word low was mistakenly replaced with high.

 

[seeker41]

been watching this myself and getting very upset!!!!!
they have made it illegal to pick up any man made item over 50 years old!
they have made it illegal to dig anywhere in the water! ocean, lakes, rivers!!!! and from what I have read, all submerged lands in florida belong to the state!!!!
they then say.....we wont bother the guy that happens upon an arrowhead and picks it up. BULL!!!!!!

time to once and for all stop this and other loss of freedoms by forming a unified group of detectorists, bottle hunters, indian artifact hunters, salvors and all treasurehunters!!!!
will anyone act or will they just sit back and take it?
chuck.

 

[Rawhide]

This has to be a fake post. What this guy has just said, you cant go in the water in the State of Florida. Dont forget to send the good decretary a Thank You card for the loss of tourism this year.

 

[GatorBoy]

Use the link.. he took it from a site "blog" that is written by a friend of mine...that was submitted to him by a blog reader as a responce from the office of the Secretary of State on questions about metal detecting law by the reader.
It lacks important details and has apparent contradictions to the law as it is written.
The "phrase" " there are exceptions" in the first paragraph basically removed the need for complete accuracy.

 

[seeker41]

NOT FAKE!!! check out treasureguidebeachesblog !!!

 

[Edward1976]

I seriously doubt beach detecting in FL will be shut down, those guys are a national treasure themselves!

 

[seeker41]

I seriously doubt beach detecting in FL will be shut down, those guys are a national treasure themselves!

no it probably wont be, but whenever they decide they want to nail one guy, or a group they have that power!!!!

 

[PhipsFolly]

We really need to discern whether there is any truth to this before it gets out of hand. If this is factual, this new bill or law needs to be specifically shown here for all to see and then address it. I don't think the Tallahassee legislature has even been in session recently to pass any new bills or laws so I am not so sure that this is for real. Let's research this one before we go on the offensive guys and gals...

 

[PhipsFolly]

I spoke with the Park Ranger at the McLarty Museum about this matter and he contacted the FWC (a Lieutenant) and inquired as to the laws pertaining to metal detecting and beach hunting and if there are any new laws or changes to laws that have been put in place... the FWC indicated that there had not been any changes or new laws enacted with regards to this issue. Just thought i would put that tidbit out there... still digging into this further. Having been in law enforcement for many years, I thought it might be a little different approach to contact FWC rather than merely just contacting politicians from which we would most likely not get a straight answer to our inquiries anyway...

 

[GatorBoy]

Well done.
I believe it was just something typed up by an assistant.

 

[Salura]

Before we all freak out, remember, this is the same group of elected state officials who inadvertently made the use of the internet and all computers illegal in Florida through their incompetence: Florida Accidentally Banned All Computers, Smart Phones In The State Through Internet Cafe Ban: Lawsuit

However, I am suspicious of these "mistakes" because once they are on the books, they seldom seem to be removed, and any law enforcement person having a bad day or a beef with you can enforce it, and good luck having your day in court to get things straightened out. Laws still On the books in FL

 

[seeker41]

read this two or three times if necessary!! note who wrote this letter as well! he is very specific and detailed as to what is allowed/not allowed and where! I sent him an email asking if any of this was a misprint and he has not replied!

**********"This is a briefing on the metal detecting laws received by Jon M. from Mr. Ken Detzmer. Secretary of State for the State of Florida.

This briefing serves to answer some general questions about the hobby of metal detecting on public lands in Florida and in state waters. It serves as an overview of what is often a complicated issue.
Generally, metal detecting is allowed on the beach between the high water mark and the toe of the dune and the hobbyist is allowed to keep what is found. There are exceptions to this general rule.

The use of metal detectors is prohibited on all state park lands, except for coastal parks in the beach zone between the high water mark and toe of the dune. Park managers have the authority at coastal state parks to further restrict the use of metal detectors and prohibit their use on the beach. A hobbyist interested in metal detecting should contact the park manager for the specific rules at the park he wishes to visit.

There are also city, county, and federal exceptions to the general beach rule. National parks and military installations usually prohibit metal detecting on the beach but not always; again, the park or land manager should be contacted. A few coastal communities prohibit metal detecting by city or county ordinance; signs are usually posted. Also, some condominiums, restaurants, and resorts discourage or prohibit metal detecting on the beach in front of their property; local ordinance would authorize these restrictions. Metal detecting rules on public land are not easily explained except that a hobbyist interested in metal detecting should check with the land manager of the property, be it at a state park, city beach, or otherwise.

Metal detecting in the water is easier to explain. Below the average high tide mark is state sovereign submerged bottomlands 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, this activity is not allowed in the water."

 

[PhipsFolly]

Well I guess it doesn't get any clearer than that! Since when does the state own all historical artifacts... The historical and cultural heritage belongs to the people... Not the state!!

 

[Au_Dreamers]

My post wasn't about closing beaches for detecting it was about that they have closed the waters...but again give them an inch and they'll take a mile.

"Since the solitary function of a metal detector is to locate buried metallic items and then recover the buried object by digging, this activity is not allowed in the water."

Now I support LEO's but I wouldn't count on the accuracy of their information pertaining to this. Many of them have no idea what we are doing when we are salvaging nor the applicable laws. Just saying...

 

[seeker41]

tired right now, just started a new job today!!
all forms of treasure hunting are in danger and without legal teams watching every move the state makes, this is what happens!! I would love to see things be much easier for everyone from the big well funded salvage guys down to the casual indian artifact hunter!!

how new are these laws?
what was the wording 3, 5 , 8, 30 years ago?

would love to see a timeline of floridas treasurehunting laws!!
if someone were to challenge the states authority by checking federal laws and regulations what would they find?

im tired of the constant threat of and actual loss of freedom!! im tired of having to worry about what I can or cannot do!! right now, im frustrated and tired.
will try and regain some energy and optimism later.
chuck.

 

[GatorBoy]

This might sound of beat.. and it's probably too late.
But if you ask me.. the best thing anyone can do is stop bringing it to the table for all these people to have to deal with... they will deal with it by doing their best to make it go away... and we are not going to like how they do that.
If everyone would just go about their business and be cordial and respectful to the land and all of its citizens these lawmakers would be off doing other things.
Continuously being a squeaky wheel is definitely not going to help anything and has caused a lot of this.
Just my opinion.

 

[GatorBoy]

Well I guess it doesn't get any clearer than that! Since when does the state own all historical artifacts... The historical and cultural heritage belongs to the people... Not the state!!

You are right.. "the people" US the taxpayers who pay their salary ..they work for US the tax payers.
The verbage they have in the law..doesn't state that however.
The law states that all the items are part of "the peoples trust".
That I think is at the heart of this.
Who is the curator of " the peoples trust"? The people? I doubt it.
I would also like to know the state law's specific definition of "beach"
Does that pertain to any body of water affected by tide?.. therefore connected to the ocean.

 

[PhipsFolly]

"Metal detecting in the water is easier to explain. BELOW THE AVERAGE HIGH TIDE MARK is state sovereign submerged bottomlands WHERE ALL ARTIFACTS BELONG TO THE STATE..." Really?!!!

This is the part I don't like... who the heck does the historical resources belong to?!!! The state?!!! I thought that our history belongs to the people... not the government!! Who gives these people the authority to tell us that they own everything?!! I understand the need for certain rules and regulations so that folks aren't out there blowing up the reef and destroying historical sites, but complete government control and ownership is not the answer...

I definately agree that Englands Antiquities Scheme is the way to go!! Their arrangement encourages folks to search for history, be responsible with obtaining permission to work a site, encourages them to be honest and report their findings, and then if the government wishes to retain the items recovered to display for the populace, they purchase it from the finder... if not, then the finder keeps their finds to do with them as they please... oh, freedom... like what our once great country had so long ago.

Sorry to go on this rant, but I have had it with greedy politics!

 

[lookindown]

"Metal detecting in the water is easier to explain. BELOW THE AVERAGE HIGH TIDE MARK is state sovereign submerged bottomlands WHERE ALL ARTIFACTS BELONG TO THE STATE..." Really?!!!

This is the part I don't like... who the heck does the historical resources belong to?!!! The state?!!! I thought that our history belongs to the people... not the government!! Who gives these people the authority to tell us that they own everything?!! I understand the need for certain rules and regulations so that folks aren't out there blowing up the reef and destroying historical sites, but complete government control and ownership is not the answer...

I definately agree that Englands Antiquities Scheme is the way to go!! Their arrangement encourages folks to search for history, be responsible with obtaining permission to work a site, encourages them to be honest and report their findings, and then if the government wishes to retain the items recovered to display for the populace, they purchase it from the finder... if not, then the finder keeps their finds to do with them as they please... oh, freedom... like what our once great country had so long ago.

Sorry to go on this rant, but I have had it with greedy politics!

I heard that in England you can only detect on private property...no detecting parks or any other public land.