Any New Florida Laws?

[goldringseaker]

I'm heading do there over Easter and was wondering if there were any new laws prohibiting metal detecting. Thanks.

 

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[lookindown]

Hey, whatever you guys and gals say. I do my best to obey the laws and yes they are out there to be found and believe me I spent many hours going over them, but in the end I wanted someone with clout to help me interpret them. I am not a lawyer and that is what it takes to make sense about a lot of this stuff. But, hey, it appears I was wrong to ask and I am sure my inquiry will result in MDing being outlawed throughout the entire state of FL.

You all have a good day.

I keep hearing about how you will get arrested and lose your detector if you hunt one of the leases...how are you supposed to even know those areas are off limits, there not marked and there are no signs...I believe you would get a warning...does anyone know first hand that someone got arrested or their detector confiscated for water hunting the leases?

 

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[goldringseaker]

Thanks for all the help everybody. I think I got my answer.

 

[Tom_in_CA]

I keep hearing about how you will get arrested and lose your detector if you hunt one of the leases....does anyone know first hand that someone got arrested or their detector confiscated for water hunting the leases?

lookindown, that's the same question I ask myself, whenever I read on forums of fears of "arrests", "confiscations", "jail", etc..... I mean, restricting the conversation to non-posted areas, that are not obvious historic monuments, or places where a person can "reasonably be expected to know", then, no, I know of no such cases. But sshheeeskk, with the frequency and regularity of these fears coming up on forums all the time, you'd think that cops lurk at every sand box waiting to arrest people! And when you ask those people "please provide examples of such arrests, jail, etc...", you never get any examples forthcoming. And if ever someone can cite some example of arrests, tickets, jail, etc.... it's invariably for someone who couldn't take a warning, or was night-sneaking obvious historic monuments, or a posted site, etc....

If there IS an example of someone getting anything like that for an innocuous beach, park, campground, etc... I would say that is the EXTREME exception. I mean, SO TOO do you sometimes hear of a motorists being roughed up by an over-zealous cop, for nothing but a tail-light out! So what? I mean, does that stop you from driving? So let's all chill out guys!

 

[ifindit]

Only if they are digging below the low tide mark.

Yes, and the "dangerous thing" is that ...... guess what that official will do or think the next time he sees an md'r out on the beach? They remember the earlier inquiries, and think "aha! there's one of THEM".

One time I actually heard of a memo that went out in a particular state's park dept, to all rank & file rangers, to "be on the lookout for md'rs, as this activity is not allowed." Guess was precipitatated that? A good intentioned md'r who'd been booted out a certain state park. One in which no one had ever had an issue at before. He figured "I'll get to the bottom of this, get it clarified, so it's not up to the arbitrary whims of individual rangers". So we wrote letters and petitions to state capitol, objecting to his booting, and asking for clarification. BELIEVE ME when it was all said and done, the md'r wished he'd just avoided "just that one ranger" or "just that one park". He could not escape the conclusion that his actions simply cemented something that had very little scrutiny, .... but NOW DID.

 

[ifindit]

I am a newbie and live within a mile of the gulf beaches. I have thought about this hobby for a long time. Get some exercise, smoke a cigar, and enjoy the early morning sea air. I think it is better to ask for forgiveness than to ask for permission. All that said, the law may have been written with one intention but covers a broader base that gives local law enforcement too much room to think. So do what you will and excuse yourself so you can collect another day.

 

[Bigcypresshunter]

Thanks for posting the law in Florida rbdigger.Some of the worst replys on this thread are coming from people that do not live in Florida. A felony is nothing to ignore. And you will be arrested if you try to hunt the surf near the 1715 fleet. These areas need to be leased from the state and they are patrolled by both the state and the lease holders..

I have been questioned not once but 3 times by federal law enforcement officers about something I wrote on this website years ago. I wasnt arrested and they would not tell me specifically if I broke the law. But they were concerned and they are monitoring and reading Treasurenet along with Facebook looking for information on supposed criminal activity. Its the new age of law enforcement and arrests have been made..

Besides the beach and private lands, treasure hunting in South Florida for something old is basically over. I do have a question. Rbdigger do you know if state owned wetlands (swamps) are considered submerged lands?

 

[Bigcypresshunter]

I hunt in the water all the time. No one cares , the Park Rangers are great guys. Just don't did up the old gold coins. If you do just put it back in the whole. That's what I do. Metal detecting a beach hurts no one. Just do it and enjoy.

What park rangers? You will not hunt the water at any of the 1715 sites. They are leased from the state and believe me they are patrolled. The lease holders themselves are not interested in sharing with you and they will confront you.

 

[Bigcypresshunter]

I keep hearing about how you will get arrested and lose your detector if you hunt one of the leases...how are you supposed to even know those areas are off limits, there not marked and there are no signs...I believe you would get a warning...does anyone know first hand that someone got arrested or their detector confiscated for water hunting the leases?

You might get away with it for a few hours or maybe even a few days but that would be pushing it. Ignorance of the law is no excuse. Its not hard to find the location and boundaries of the 1715 fleet online.

 

[ivan salis]

public land vs "private land" hunting -- private land of course you MUST ask , before attempting to hunt it --but I as many others here , I think believe that unless its "posted" otherwise or unless it is a clearly known historically "off limits" place * --that "public land" is for "public use by all the public " that includes us metal detectorist as well as the "bird watchers , trail hikers, baseball and football players , ect, ect. "

 

[Bigcypresshunter]

but I as many others here , I think believe that unless its "posted" otherwise or unless it is a clearly known historically "off limits" place * --that "public land" is for "public use by all the public " that includes us metal detectorist as well as the "bird watchers , trail hikers, baseball and football players , ect, ect. "

Not in Florida.

 

[ron lord]

I keep hearing about how you will get arrested and lose your detector if you hunt one of the leases...how are you supposed to even know those areas are off limits, there not marked and there are no signs...I believe you would get a warning...does anyone know first hand that someone got arrested or their detector confiscated for water hunting the leases?

There is no more leases along the shore line ,all leases start 1500 yards off the beaches.

 

[Bigcypresshunter]

There is no more leases along the shore line ,all leases start 1500 yards off the beaches.

Can you post a link or reference? This would be great news if true. 1500 yards from low or high tide mark?

 

[bigscoop]

Look at it this way, if you are a resident then you are a tiny part of the state of Florida, so you're part owner in the entire show.

 

[Bigcypresshunter]

As a resident of Florida, you could try to have the law changed but to plead ignorance or assume you are somehow entitled or "part owner" will not work in a court of law if you are formally charged with a felony..

 

[bigscoop]

As a resident of Florida, you could try to have the law changed but to plead ignorance or assume you are somehow entitled or "part owner" will not work in a court of law if you are formally charged with a felony..

I know. Just tossing it out there from the lighter side.

 

[Tom_in_CA]

As a resident of Florida, you could try to have the law changed but to plead ignorance or assume you are somehow entitled or "part owner" will not work in a court of law if you are formally charged with a felony..

Do you know of anyone who actually had a "felony" put on them, for md'ing a FL beach? If you can cite any such incident, it must be someone sneaking around who couldn't take a warning, on a singular very sensitive spot right when archies were having a picnic there, or some such very remote exception. But if you have ANY examples of someone getting a ticket that was a felony, I'd love to hear it.

Or how about this: do you know anyone who had a felony stuck on them for when they went out looking for their wife's wedding ring she just lost there? Hmm, come to think of it, my wife lost a LOT of rings there. And I think my dad lost his boyscout ring when he was a kid. And if someone finds an old coin while hunting for their wife or dad's ring, is anyone really standing there behind them with a calculator in hand, doing the math to deduce ages of coins? I mean, you're only finding modern coins outside the scope of the law, RIGHT?

 

[Bigcypresshunter]

Do you know of anyone who actually had a "felony" put on them, for md'ing a FL beach? If you can cite any such incident, it must be someone sneaking around who couldn't take a warning, on a singular very sensitive spot right when archies were having a picnic there, or some such very remote exception. But if you have ANY examples of someone getting a ticket that was a felony, I'd love to hear it.

Or how about this: do you know anyone who had a felony stuck on them for when they went out looking for their wife's wedding ring she just lost there? Hmm, come to think of it, my wife lost a LOT of rings there. And I think my dad lost his boyscout ring when he was a kid. And if someone finds an old coin while hunting for their wife or dad's ring, is anyone really standing there behind them with a calculator in hand, doing the math to deduce ages of coins? I mean, you're only finding modern coins outside the scope of the law, RIGHT?

Not a beach Tom. Most coastal parks are exempt. Did you even bother to read the entire thread?

Use of metal detectors, magnetometers or other metal detecting devices is prohibited on all state park lands, including sovereign submerged lands under lease by state parks, except for the following:

Coastal parks, in a zone between the waterline and toe of the dune, as determined by the Park Manager, except at archaeological sites within the zone designated by DHR or the Park Manager.

Treasure hunting on most beaches is still legal unless you find something over 50 years old but I agree that would be hard to prosecute and I will not argue that point and I never did. You can still hunt most beaches and I do it myself. The discussion is about searching in the water of the 1715 leased areas and Florida State Parks. You will not hunt the leased areas without a permit and get away with it very long. Actually you will not remove any antiquities from any navigable waterway in the state of Florida. I believe the state defines antiquities as "anything over 50 years old that has been made or altered by humans".

Yes I could possibly get you names of the arrested that learned the hard way. Its a fairly new law but I remember reading some cases in the newspaper. I dont know if they were convicted but even if you win in court you will still lose. Im not that interested in searching but I can think of one right now but I dont want to post his name or any names of felons online.. The law is pretty clear IMO. But I need to ask- do you frequent the 1715 fleet beaches or Florida state parks? I dont understand how you could give advice on Florida law as it appears you didnt even bother to read it? Do you even know where the 1715 fleet leases are located??

We are not talking about looking for a lost wedding ring. If you have read the statutes you will see that looking for a lost item is legal in most cases in a state park. You will probably not be bothered in the tot lot either. The beach is cool. But I seriously doubt you could look for anything lost in the 1715 leased areas. Not even a lost wedding ring. I dont know if its a Felony but you will not hunt the leased areas (in the surf) without a permit and get away with it very long. They are not marked, there is no signs but if anybody thinks they can get away with it, go ahead and try. I have never even seen anyone attempt to hunt the leases. Its just too easy to get pinched and its bad advice to tell anybody to do this.

Im still waiting for this new information from ron lord. If the law has recently changed, I would like to see it.

 

[Bigcypresshunter]

To tell readers that they can go out and commit a felony or break this new law because you personally dont know anyone that has been arrested is very bad advice.

 

[ivan salis]

the leased areas where the 1715 fleet wrecks are water based * and are just that privately "leased areas" -- the state of florida has given control over certain areas to claim holders that "own" the shipwreck areas --claim holders that people pay for the "right" to hunt and find 1715 fleet era treasures . -- the beaches nearby the wreck sites are fair game dunes foot to high water line -but going into the water and going into the leased zones clearly is NOT LEGAL. --and yes those who pay for the "rights" to hunt those areas will do something about it if they see you messing around on "their leased area" -- they will call the cops , and you will get arrested and charged.

 

[Bigcypresshunter]

There is no more leases along the shore line ,all leases start 1500 yards off the beaches.

Please clarify this ron. When did this change? How and where did you get this information?