Legality questions for Florida coast - how do people do it?

[EMTFlorida]

Hey guys,

So as far as I understand, metal detecting or digging in any underwater areas is illegal and the property of the state.

So how did Mel Fischer find all of the ship wrecks, uncover treasure, and not get in trouble for it? Have laws just simply changed since then?

What can someone do, like myself, who wants to start treasure hunting and diving wreck sites? Am I just simply not allowed to metal detect or disturb anything I find? Seems a bit unfair.

I've called all around the county - Clerk of Courts, police department, tax collector, etc. and no one seems to know the legalities of metal detecting around here - I'm in st augustine, florida. But I did read online about the federal laws prohibiting digging in state owned parks.

Any help is appreciated.

 

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[penzfan]

Florida puts kibosh on sandy treasure hunting - Watchdog.org

 

[ropesfish]

This gets covered at least 2x per year. Using the search function on this forum would get you lots and lots of information.


Start with these:

Metal Detecting In Florida And The Law

MDHTALK - Florida Metal Detecting Law & Regulations

The Treasure Beaches Report Direct From Florida's Treasure Coast.

Florida's Metal Detector Fanatics Fight High Tide and Murky Laws | Miami New Times
and here:
http://www.mdhtalk.org/articles/beaches/1715-fleet/1715-article.pdf

 

[G.I.B.]

So how did Mel Fischer find all of the ship wrecks, uncover treasure, and not get in trouble for it? Have laws just simply changed since then?

Short and sweet answer- Mel went to court, helped form laws that are in place today.

 

[ARC]

I posted a reply(s) in your other thread that addresses this.

 

[ARC]

Short and sweet answer- Mel went to court, helped form laws that are in place today.

Actually... The laws that are in place were a result of the cases involving Mel... as a precedence.
After The State Of Florida losing it's case against Mel several laws were passed as to ensure that wrecks were from that point on protected.

Several subsequent laws both on the State and National level were put in place by April of 88...
3 years after Mel had found and began salvage of The Atocha.

The main one was the ASA which is a Federal Law... was signed into law by Reagan. ASA = Abandoned Shipwreck Act.

https://www.nps.gov/archeology/submerged/intro.htm

 

[ARC]

As far as "people doing it"... the ONLY legal people "doing it" have been "grandfathered in" due to Mel Fishers win against the State in The Supreme Court.

As far as buying a Metal Detector and rolling out in your boat and diving and looking for wrecks.
The answer is no.

It is legal to posses and use a detector in the water... HOWEVER... It is ILLEGAL to dig or recover items that are in submerged bottom lands.
This extends to 25 miles out on the west coast...
And I THINK ten miles out on the East coast.

Oh... and btw,,, Beyond the State limits is Federal waters... Which is protected to 50 miles. Then beyond that thy are protected by Unesco.

 

[1percenter]

There's a lot of tape to go threw but you can file for a permit. And deal with state fun fun.

 

[EMTFlorida]

As far as "people doing it"... the ONLY legal people "doing it" have been "grandfathered in" due to Mel Fishers win against the State in The Supreme Court.

As far as buying a Metal Detector and rolling out in your boat and diving and looking for wrecks.
The answer is no.

It is legal to posses and use a detector in the water... HOWEVER... It is ILLEGAL to dig or recover items that are in submerged bottom lands.
This extends to 25 miles out on the west coast...
And I THINK ten miles out on the East coast.

Oh... and btw,,, Beyond the State limits is Federal waters... Which is protected to 50 miles. Then beyond that thy are protected by Unesco.

From what i read it was 9 miles out in the gulf of mexico and 3 miles out in the pacific . I don't know if that's accurate. Did not know about the federal waters, though. Sigh

 

[EMTFlorida]

There's a lot of tape to go threw but you can file for a permit. And deal with state fun fun.

researched it; said I need a graduate degree in archeology or a similar field, 1 year experience in the field, 1 year experience as a supervisor in the field, and a specific reason for why I'd want the permit. So I need six years of schooling and two more years of work, so 8 years and then I can file the permit! lol

 

[Salvor6]

researched it; said I need a graduate degree in archeology or a similar field, 1 year experience in the field, 1 year experience as a supervisor in the field, and a specific reason for why I'd want the permit. So I need six years of schooling and two more years of work, so 8 years and then I can file the permit! lol

No, you hire a state approved archaeologist. He gets the permit in his name but he works for you.

 

[G.I.B.]

There should be an online archeology course for about $50 out of Belgrade.

For an additional $25 you can get your doctorate.

 

[ARC]

From what i read it was 9 miles out in the gulf of mexico and 3 miles out in the pacific . I don't know if that's accurate. Did not know about the federal waters, though. Sigh

Those #'s ? ? ? ... have not researched it beings I do not hunt wrecks nor do I even go out that far anyway anymore.
I am a shallow water diver and remain in sight of shore most times...
it eludes me as to the actual distance.
I have known since 88 that basically it was futile to continue on any quest of a "treasure finding" nature...
hence my "Ify" at best recollection.

Which I might add... has plagued me mentally beings I know the potential locations of not just one...
but possibly up to 3 wrecks that lie buried and are presumed by me to be "unknown".

And I probably never will know. heh

 

[aquanut]

Those #'s ? ? ? ... have not researched it beings I do not hunt wrecks nor do I even go out that far anyway anymore.
I am a shallow water diver and remain in sight of shore most times...
it eludes me as to the actual distance.
I have known since 88 that basically it was futile to continue on any quest of a "treasure finding" nature...
hence my "Ify" at best recollection.

Which I might add... has plagued me mentally beings I know the potential locations of not just one...
but possibly up to 3 wrecks that lie buried and are presumed by me to be "unknown".

And I probably never will know. heh

PM me the coordinates and I'll let you know.

 

[barney]

As far as "people doing it"... the ONLY legal people "doing it" have been "grandfathered in" due to Mel Fishers win against the State in The Supreme Court.

As far as buying a Metal Detector and rolling out in your boat and diving and looking for wrecks.
The answer is no.

It is legal to posses and use a detector in the water... HOWEVER... It is ILLEGAL to dig or recover items that are in submerged bottom lands.
This extends to 25 miles out on the west coast...
And I THINK ten miles out on the East coast.

Oh... and btw,,, Beyond the State limits is Federal waters... Which is protected to 50 miles. Then beyond that thy are protected by Unesco.

This is incorrect. The ASA only applies to state waters - 9 nm on the Gulf coast and 3 nm on the Atlantic coast (ASA actually defines it as "geographical miles"). The US exclusive economic zone generally extends 200 nm offshore. But the ASA has no jurisdiction beyond state waters. The US is not a signatory to UNESCO, so its legal application is irrelevant to US waters or the high seas.

 

[ARC]

This is incorrect. The ASA only applies to state waters - 9 nm on the Gulf coast and 3 nm on the Atlantic coast (ASA actually defines it as "geographical miles"). The US exclusive economic zone generally extends 200 nm offshore. But the ASA has no jurisdiction beyond state waters. The US is not a signatory to UNESCO, so its legal application is irrelevant to US waters or the high seas.

Thanks for the clarification... as stated earlier.

I am confusing with the "line" of jurisdiction of State. but ?
Where the Casino's roll to just past to be outside of the law.

 

[Jolly Mon]

The official stated position of the Florida Department of State is that, outside a valid lease area, it is illegal to use a metal detector on State submerged lands (basically, this is the entire state of Florida below the high tide line). It is just as illegal to swing a $30.00 Radio Shack toy detector as it is to tow the most advanced magnetometer below the high tide line.

Remember also that excavation without a permit is also illegal below the high tide line.

Digging for clams? Illegal.

Those holes your grandkids dig in the wet sand? Illegal...just ask the folks at The Florida Public Archaeology Network.

The real question you must ask yourself is this: what do you do when confronted with a tyranny?

Will you stay home and crap yourself with fear?

 

[Salvor6]

AARC give Aquanut the numbers to one of your shipwreck sites and see what happens.

 

[agflit]

AARC give Aquanut the numbers to one of your shipwreck sites and see what happens.

Seconds that motion...


ag

 

[FISHEYE]

You can drag a mag outside the leased areas on the east coast providing you get a mag permit from the state first.You can mag on the leased areas only if you are a sub contractor.Or have written permission from the owner of the leases.