Can anyone help me with florida beach laws?

Great question Deerhunter, and here's some factual info...
Almost all counties have ordinances in place for Archaeological / Anthropological / Environmental related concerns. Florida's federally backed establishment of ordinances related to the initiative for the "preservation of international treasures" is captured by Marilyn Phelan's brief 46 page synopsis as follows: http://repository.law.ttu.edu/bitstream/handle/10601/63/phelan7.pdf?sequence=1

Additionally, I found case law of the courts final determination of penalties. Some were based on the impact area's size, frequency of disturbance, and repeat offenders; severity up to felony; repayment; huge fines ($30k and up) for items such as disturbance of turtle nesting grounds, wetlands, intent to harm endangered species, etc.

If you believe you are in 99% compliance with the law, but worry about regulatory authorities questioning the last 1%, then plan ahead by simply carrying a local lawyer's phone number with you.

Research, get permission, dig cool stuff!

I've been digging in Florida since my Dad bought me a Heathkit detector (remember those?) back in 1971. If you want jewelry and clad coins, the beach is pretty much up from the waterline to the "toe of the dunes" -so I don't think that's so bad. Now, if you are into "artifacting" you have to be cautious. The State of Florida claims that anything over 50 years old found on public land is the property of the State, this includes beaches (bah, humbug!). But if you have done good research, and get the private landowners permission, you are in like Flynn. For example, I've located a few sites that happened to be on Paper Company Land. I wen to the Paper Company local headquarters, got written permission, and ~voila~ I found cool stuff, lots of it. Paper Company folks are much more understanding than many other "corporate" land owners. And there are a lot of cool sites on Paper Company Land. You just need to do some research. The Hargrett Maps collection at the University of Georgia is a good start, but I also look at the collections of local libraries, and especially land surveys from the 1800's in the local courthouse. Locate a home site, get permission, dig old coins and stuff! Works good for me.

Ignorance of the law does not give anyone a get out of jail free card. I wonder if there are any legal professionals that have a take on this, but the ordinances say the following:

Excavations on any historical sites, districts, cities, etc require a permit & inspection from the Archeological committee and upon discovery of relics, antiquities, treasure troves or the like, are property of the state. Therefore, private property is subject to the ordinances. There are caveats for beach hunting, unless the area of the beach is on a historic site such as the case in Fort Mantanzas.

Examples of this are evident and publicly accessible from the city of St. Augustine or for the state of Florida as mention in my post a few messages up.

Thommy said:

I've been digging in Florida since my Dad bought me a Heathkit detector (remember those?) back in 1971. If you want jewelry and clad coins, the beach is pretty much up from the waterline to the "toe of the dunes" -so I don't think that's so bad. Now, if you are into "artifacting" you have to be cautious. The State of Florida claims that anything over 50 years old found on public land is the property of the State, this includes beaches (bah, humbug!). But if you have done good research, and get the private landowners permission, you are in like Flynn. For example, I've located a few sites that happened to be on Paper Company Land. I wen to the Paper Company local headquarters, got written permission, and ~voila~ I found cool stuff, lots of it. Paper Company folks are much more understanding than many other "corporate" land owners. And there are a lot of cool sites on Paper Company Land. You just need to do some research. The Hargrett Maps collection at the University of Georgia is a good start, but I also look at the collections of local libraries, and especially land surveys from the 1800's in the local courthouse. Locate a home site, get permission, dig old coins and stuff! Works good for me.

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deerhunter said:

I'm heading down to Florida to a certain beach for vacation in July. I'm defiantly going to bring my detector and my kayak to go to a secluded spot. My question is:
There is a state park on the island-Can I detect there? If so anything I cannot do?
I've read the stickys about laws but some seem confusing. Like how high up on the beaches you can go etc.
If anyone detects in Fl. on a regular basis, any info so I do not get in trouble?

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In Florida some coastal state parks allow detecting. Inland parks do not for the most part. A simple call to the park will tell you. Inland rivers off the beach are not allowed. Florida claims everything in the rivers. On the beach it is allowed because it helps tourism.

Ignorance is no excuse

You are able to metal detect on any Florida public beach, except in cases where certain cities or municipalities have made special laws or rules on detecting.

In State Of Florida Parks, you can generally detect the beaches from the normal water line (which of course varies by tide) of the beach up to the seaward toe (or base) of the highest dune (sand drift/bluff/mounded sand). If there is an archaeological dig taking place and there is a designated archaeological site you may not detect or even dig within that site.

In either case, public or State beach, you may not dig within the water. You will see many people doing so, but that does not infer that it is legal. If you want to safely dig in an area that may be covered by water, wait until the tide goes out and then you are digging within the normal shore line and the dune, as allowed. By Florida law, there is a distinction between metal detecting on a beach (out of the water) and metal detecting while diving (obviously in the water). You must be 3 miles offshore on the Atlantic Coast, 9 miles on the Gulf Coast, and 12 miles off Key West. Although on land, under the Antiquities Law of 1906, you can recover items up to 100 years old, in the water, by Florida law it is only 50 years.

Don't ever assume that you are getting away with anything just because nobody has come up to you to tell you that you are breaking the law. You might be under surveillance at any time, and you don't want to find out things are illegal the hard way.

My best free advice to you is to go to the nearest ranger station and ask any time you are unsure of anything. Never assume that just because the ranger says so, he is citing law to you. I have found that most times the rangers have very little knowledge of the Federal Statutes and Laws, and are generally and particularly ignorant concerning the Antiquities Law of 1906. Find it online, print it out, study it, and carry it with your detector and on your person while detecting. You might also want to do the same thing with the Florida Statutes or the same for any state you might be going to with your detector. I have encountered many part time summer help rangers and rangerettes on Federal land that inject their own environmental views into their screwed up versions of the law. They argue with their feelings and have no idea , nor do they care about the laws. They just want it done their way because they say so. I have challenged those types often, and pulled out my copy of the laws, pointing knowingly to line and verse in defense of my arguments. They usually walk away with their tails between their legs and either never come back or return with a senior ranger. As long as you are positive that you are operating within the law, don't assume that you should back down. I'm not saying to get loud and foolishly argue with the ranger, but to show the ranger and tell him that you are positive that you are correct. If they suggest you pack it up and leave unless you want to be held until the police can arrive, then it might be wise to back down. Take the rangers name, note the date and time, and file a report if you know you are correct. I've gotten formal apologies, which I then used at later dates to talk down some other pushy rangers. Also look online for court cases or hearings concerning trials of people who fought the law and won. Those will win any argument when challenged by a ranger who is ignorant of the law. NOTE: I am not saying to go get in fights with rangers. Just try and always be more knowledgeable of the laws than the summer help or the power tripping ranger who expects your compliance just because he says so.

Now go out there and have a good time. Follow the laws and always ask if you don't know, and you'll have a great time.

Currently, there is a bill in the Florida legislature that would help with many of these "gray area" questions and concerns.

The bill would create a permit system to allow collectors to keep isolated artifacts found in Florida’s rivers. This bill would help ensure that no one else is arrested and charged with felonies for collecting artifacts. The state of Florida defines an "artifact" as being anything man made or man altered over 50 years old. The bill (HB803) is currently in the Economic Development and Tourism Subcommittee. You can help this bill by emailing the members of this committee and tell them that you support this bill, after all every major archaeological site in Florida was found by amateurs. Tell them that you don’t want to see anyone else taken to jail over artifacts, the state of Florida has far more important things to worry about.

Here are the email addresses for the House of Representatives members on the Economic Development and Tourism Subcommittee:
Frank Artiles - [email protected]
Mike La Rosa - [email protected]
Victor Torres - [email protected]
Bruce Antone - [email protected]
Brad Drake - [email protected]
Dane Eagle - [email protected]
Heather Fitzenhagen - [email protected]
Shawn Harrison - [email protected]
Clay Ingram - [email protected]
Edwin Narain - [email protected]
Ray Pilon - [email protected]
Bobby Powell - [email protected]
Pat Rooney - [email protected]

FelixtheCat said:

Dude in this state you get lobsters out of season and it's a $500 fine per lobster and boat confiscation. Even in season if they are undersized the same rules apply! AND this applies to a lot of the different game fish in fishing as well. A lot of people have learned the hard way you don't scr*w around with laws that relate to anything ocean and water related. Believe it or not you're better off getting caught with dope and dealing!

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Yep. That's a pretty accurate statement. Also be careful around any of the high end hotels. Security might come out and ask you to leave. If they do....leave.

HH

IntoIt said:

Gee, Florida doesn't sound like a good place to detect at all.
Public land off limits.
Offshore off limits
Dunes off limits.
certain very large parts of coast were off limits last time I was there.
I`m liking California more and more.

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Plus ALL THE SCHOOLS are off limits.

Also be aware that most beaches are heavily sanded right now. I searched for two hours yesterday at low tide and found a sparkler wire, Bobby pin and a couple of nails. Hope you find something good.

If you're going to be in NE Florida and want some company, call me
904 868-9168

Chip

joeb1999 said:

Play dumb, say your looking for your wifes ring, lost watch, etc. Don't just say your detecting...me Id just do it

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Do not take this advice. He won't pay to replace your detector if it's confiscated.

pre-florida, is what you're alluding to for "rivers" only ? Because last I checked, there is no shortage of people md'ing the beaches and finding (gasp) coins older than 50 yrs. old.

And curious: If an ocean beach were state administered, and is currently hunted with no problems. And if an inland river were also administered by the state (ie.: state property, just like the beach), then .... why is the beaches along the river treated differently than the beaches that face the open ocean ?

freshwater florida state parks hunting is verboten and the law is draconian. Saltwater beaches, different story, check each park. In general, they allow hunting up to the dunes on saltwater beaches, or up to the high water mark, best to check.

hobbes_lives said:

Generally, you can hunt on beaches up to the dunes. If you are going to the Treasure Coast area, then you cannot hunt in the water due to the salvage rights. Hunting within the state parks is generally off limits, but the beach areas past the dunes adjacent to the parks are usually OK. Call ahead to the state park and ask, that's your best bet. Good luck!

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hobbes is correct on the East Coast. In St. Augustine there are beaches that you are not allowed to detect. Further south on the Space Coast and the Treasure Coast the rule is from the low tide line to the mean tide line. You can't get in the water with a detector on the treasure coast and north to Melbourne beach on the Space Coast. The State parks that I have ask on these two coasts say no. If they catch you , whatever you have in your possession will belong to the park. If you have parked on the Park property and caught using a detector you may be fined or your equipment confiscated. It is always best to ask.

scaupus and dirty-dog: On those coastal ocean beaches where detecting is ok, can you likewise keep coins older than 50 yrs. ? And assuming you say "yes", then I notice each of you has said always wise to check/ask. So have you checked/asked if it's ok to keep those older coins then ? Or to your knowledge, has any md'rs there in Florida brought this topic up to the powers that be, to get clarification ?

Looking for your lost property is allowed. It even specifically lists it in the law.


The threads old too.

Swinglow said:

Do not take this advice. He won't pay to replace your detector if it's confiscated.

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Tom_in_CA said:

scaupus and dirty-dog: On those coastal ocean beaches where detecting is ok, can you likewise keep coins older than 50 yrs. ? And assuming you say "yes", then I notice each of you has said always wise to check/ask. So have you checked/asked if it's ok to keep those older coins then ? Or to your knowledge, has any md'rs there in Florida brought this topic up to the powers that be, to get clarification ?

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From what I understand you don't ever want to find it IN the water. Otherwise that Emerald and gold ring you see Gary Drayton posted a long time ago? It wouldn't belong to him if he said he found it IN the water. It would be Florida's

Tom_in_CA said:

pre-florida, is what you're alluding to for "rivers" only ? Because last I checked, there is no shortage of people md'ing the beaches and finding (gasp) coins older than 50 yrs. old.

And curious: If an ocean beach were state administered, and is currently hunted with no problems. And if an inland river were also administered by the state (ie.: state property, just like the beach), then .... why is the beaches along the river treated differently than the beaches that face the open ocean ?

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The State of Florida owns all fresh water rivers, and into the ocean out three nautical miles in the Atlantic, and out nine nautical miles in the Gulf. If this bill is passed we would be able to metal detect in the rivers and surf.

Water detecting

Water detecting on the east coast NO. West coast is it ok to wade in the water and detect? Is this the same for the Keys? east and west sides?

I agree with those who said ask the park Ranger. Here on the Treasure Coast and the Space Coast, you can not detect anywhere in a state park. They will tell you anything found on state park property belongs to the state Park.