the state of floridas " catch 22" why they HAD to change their salvage process

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Tommy Gore and others told me that the meeting was recorded by a stenographer. He stayed there while many others left in disgust. He elaborated upon the rantings of Sonny Cockrell and Ross Morrell, as well as the official recording of email messages supposedly received by the B.A.R. with the viewpoints of persons supposedly expressing opinions on the matters being "discussed". The transcript of this meeting is a public record and must be furnished for discovery at a reasonable cost. If the B.A.R. will not furnish it, then we can get a copy from a judge in Tallahassee. I think that it would be wise to identify the email "contributors" and determine exactly what possible standing they have in the purview of these rule changes, and, whether they have any practical experience in the field, what reports they have filed for the work they have done, what relationships they have with legislative bodies, the scope of any involvment they may have with any commercial interests that could be significant, and what other opinions they have expressed publicly on similar matters in the past. If any are laypersons, then we should bring this to the attention of our own representatives, since, it is clear from their recognition that their opinions hold more weight than our own. This is prejudice, prima facia .

If anyone has scrolled through these threads, you are sure to see the testament of Rob Westrick, whose situation is such that it is abundantly clear the State's administrators have nothing but blatant disregard for the law, and will continue to bend the law to their own purpose, with no consideration of commerce. In fact, I think that there is no argument regarding the altruistic posture of archaeology here. There is an argument that government officials, paid with public money are obstructing commerce, where they are not given any authority to do so. They are doing this for their own benefit, albeit without monetary reward, to bestow favors upon their friends and "peers" (just ask them what THAT means and stand by for the incensed windstorm sure to follow). Like lawyers themselves, these folks are damming up the regular flow of business so that they can control it and manipulate it for themselves and others of their school.

As an aside, let us discover, through the records of the B.A.R. which institutions and/or individuals are now excavating any shipwreck more than fifty years on the bottom and seek a restraining order against them until they can prove that no person "might have" died with that shipwreck. This would include any and all university operations, especially those being carried out by schools outside of the Florida School System. It would only be fair that wreckage protected by Florida taxes should be reserved for the exploit of Floridians, not Texans, nor Pennsylvanians, or Carolinians, ect. Let Texans work Padre Island, Pennsylvanians work the Ohio River, Carolinians pursue the backwaters of their state and so forth, but do not let them seek "favors" from the B.A.R. of Florida.

Archaeologists are prone to overburden anyone who will listen to them with their "vitae", which is a rather granular synopsis of each and every archaeological interest they can claim any attachment to, in any fashion. This is a totem, sort of like scalps, for lack of a less poignant comparison, which all of them sport as a measure of success, rather than a gold mastercard, or sufficient checking account. All of us should begin documenting our own vitae as it applies to the commerce of salvage with details about our discoveries, where we worked, for whom, under what conditions, using what equipment, and so forth. Only a few archaeologists can match us for sheer resourcfulness and dedication. Speak of bottom time, fuel bills, equipment repair, boat outfitting, and all the rest and you will scare the bejesus out of any professor contemplating a summer at sea along the Treasurecoast. They can not possibly do it. There certainly are exceptions, and we know who they are, but they are not the subject of our attention. By the way, is anyone aware of any "contract" archaeologist who has received payment for documenting a shipwreck in Florida? If so, we should see that the money is immediately returned to the patron, especially if the State paid any part of the fee. That's strictly in keeping with the spirit of "archaeology" as the administrators of the Florida B.A.R. see it.

Terry Armstrong ... www.andrewsinvestigations.com
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Supposidly this was the first of several meetings. Has a date been set for the next? Is it too late to email additional opinions and viewpoints from others that may have not been aware othe first meeting? If so, the address given above is still the correct one? Do we have a "form letter" that can be sent out, or copied, that is worded correctly as LAMP did? Perhaps one of the above postings?
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Terry I think you are dead on about almost everything you said, but why did you have to go and throw lawyers under the bus?

"Like lawyers themselves, these folks are damming up the regular flow of business so that they can control it and manipulate it for themselves and others of their school."

What you may not realize is that not all lawyers go around and try to stop the flow of business for personal gain. Some lawyers are actually filing law suits against businesses that are putting people in danger or taking advantage of people in unfair and deceptive ways. If it was not for lawyers filing lawsuits, many of the safety features in vehicles and consumer protections we have would not exist. Lawyers are not the problem, the laws and the enforcement of those law is the problem.

Remember this, if the fight against the state has a snowballs chance of succeeding, you are going to need some lawyers on your side. Don't alienate them by make generalized statements that show how influenced you are by the drive-by media and propaganda campaigns of industries that have been successfully put in their place by litigation and had to modify their way of doing business in a more responsible fashion.

Lawyers aren't the bad guys here, the bad guys are the politicians who get into a position of power and do anything in their power to keep it. This of course is why term limits should be in place. If you limit the time a politician can be in power, you limit the damage that person can do. IMHO

All that being said, Terry you are dead on with regard to everything else in your post. The next step needs to be the development of a plan of action by all those affected. It must be an inclusive plan that is designed to bring in as many like-minded people as possible. Numbers is going to be a key component to any successful organized effort. There will need to be professional salvors and recreational treasure hunters involved in this movement because if the professionals go down it is only a matter of time before recreational treasure hunters go down.

As part of the action plan, there needs to be an evaluation of the existing laws on the books, the legislative history of those laws, an analysis of the voting records of the members of the B.A.R., a fund raising component to build up a war chest to fight the battle that needs to be fought, development of an alternative system that can be sold to not only B.A.R, but also the politicians, the public, and archaeologists. The alternative system needs to make monetary sense to the politicians and the public. It also needs to make sense from the prospective of historic preservation. It needs to balance historic preservation with the needs of the salvage industry. The last thing Florida needs is to loose another industry.

From a legal prospective, once the evaluation of the existing laws on the books (Federal/State) and an analysis of the voting records and actions of B.A.R. is completed a decision needs to be made where to make the legal challenges. Once that occurs the test cases need to be filed and the battle will begin.

At that point, the fund raising component will really need to be working, as now you will need to fund litigation. Around this time, a concentrated lobbying effort also needs to take place, which will highlight to the politicians that there is an alternative plan that will provide more money for the state treasury and will at the same time provide better historical preservation than is currently being achieved by warehousing the State's share of treasure and that will enable the public to truly benefit from what has been found and what will be found in the future.

Lastly, with regard to the Name of the organization, the more marketable the name the better. One way to get the message out will be through marketing and if the name is easy to remember and hits the issue right on point, the public will remember it, the politicians will remember it and it will be easier to get momentum for the movement. Any name used needs to be easily put on t-shirts, buttons, bumper stickers, radio ads, TV commercials, newspaper ads, etc. These will be used not just for raising public interest in the issues, but also for raising funds. A cool logo is a must, as if it is lame no one will want the T-Shirts, buttons, bumper stickers, etc. The message also needs to be a short sweet message, that will go a long way in getting the issue into the hearts and minds of the public and politicians. IMHO.

That's my two cents and my defense of lawyers, they are all not that bad, and frankly they are a necessary evil.

Best regards,
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Fllawboy you are right on the money too. But there is one problem; there is no money for litigation costs, a lobbyist, radio & TV ads, etc. Also there is already an organization that is attempting to change the salvage laws. Its called Historic Shipwreck Policy Council (HSPC). Like all the other organizations before them, they are powerless without tons of money to spend on politicians. Look at the multi-billion dollar development business. They spend millions on lobbyists and politicians' campaign funds and in the end they get building permits to build condos on sensitive wetlands! Dredge and fill!
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

A letter and some instructions from Mrs. Taffi herself. She asked the following:

Taffi asks that you print these letters, sign them with your name and address’s and send them to me at the museum at 1322 U S Hwy One, Sebastian, FL 32958. When we get them all together we will send them to the State. If you know of any other interested parties please print them a letter too!

Letter -

To: Department of Historic Resources
Florida Department of State

Re: 1A-31 Rule Amendment
Bureau of Archaeological Research
500 S. Boronough Street, MS #8b
Tallahassee, FL 32399-0250

July 04, 2008

To Whom It May Concern:

On this Independence Day it is appropriate that we all remember the reasons why
this country was founded. It was a move against overbearing government actions.

I am a citizen of the State of Florida and have been made aware of the attempts by the Florida Bureau of Archaeological Research to change the rules (1A-31) by which private citizens and corporations can help recover the lost and threatened shipwreck treasures that are in the State of Florida’s coastal waters.

Florida and the United States have long enjoyed the results of private sector recovery and documentation of these lost shipwrecks. Private salvors have contributed to this sum of knowledge for the past 60+ years. Museums have benefited here in Florida as well as throughout the USA and the World. Traveling exhibits have promoted not only the knowledge and history of these sites but also the State of Florida and its beauty. Numerous documentaries by National Geographic, Discovery and the History Channel have chronicled private salvors successes. Thousands of periodicals have done the same. Books have been written about these quests and added to the Florida History textbooks in our schools. The contributions of the private sector far outweigh those of government, institutions and university efforts whose work is rarely heard of, if at all, not to mention, paid for with taxpayer dollars.

I agree that there needs to be in place a plan, rules and guidance by the State of Florida in the management of these treasures. I strongly disagree with any proposed changes that would impede or prohibit the involvement of private citizens or corporations. This resource is much too important and wonderful to be left to rot by natural elements or to potential pilfering by non law-abiding persons who encounter these shipwreck sites. A fundamental shift in policy to one of support and guidance is key. This was clearly the Florida legislature’s intent in the formulation of 1A-31.

I urge the Division of Historic Resources, and the Department of State to halt this rule change as written and to work closely with the Private Salvage Industry who has contributed the majority of success in rescuing Florida’s great wealth of underwater treasures.

Respectfully Submitted,
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Jason, I got mine in the mail today and I printed it out and will send it tomorrow.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

A lot of good points made.As this unfolds,it might be nice to have someone
contact Steve Philips of Sothern Skin Divers Supply in Alabama.He was
arrested up there and threatened with a felony if he didn't cop a guilty
plea and pay a fine.He didn't and started a lengthy law suit and won new
rights for all who dive in that state.Had he folded it would have just got
worse as time went by.More of that arrogant behavior up there. I don't
think he had unlimited resources,so getting some tips for a game plan
from somebody who's been through the grind might help.His company
ph# is 205-595-3052,or www.ssdsupply.com. And another good point
someone made is a study of the laws in England.Fair for the finder,and
good for the public.It would be nice to see government entities work for
the people and not against them.But ,I guess freedom comes with a cost,
and a fight,at times.Good luck to all, Joe
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Signumops, what difference does it make what state people are from? Does this apply only to FL? No, their doing the same thing or similar in other states too. Yes, I am from NC. I also keep a boat in FL and spend a pile of cash operating and maintaining it, and paying FL fees and sales taxes same as you. Not to mention we're in cahoots with FL residents anyway.

Can we some how or another agree that we're on the same page here, there are plenty of FL salvors working in NC, and else where. FL isn't exactly known for having it's own residents to start with, most are imported. My point is we're all in this together anyway, working together is the only way to accomplish our goals.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Hey scubadude and fllawboy:

I am not grinding an ax with lawyers or people from out-of-state. My last point was simply that the preservation of "Florida's" resources seems to be the millstone hanging on the B.A.R. adminstration, ergo, let them do exactly that. I cite Texas and Pennsylvania specifically because I know those university systems host underwater archaeology degree programs whose fundamental curriculum openly reviles treasure hunters, no-matter-what, and are dogmatic in their defamtion of "treasure hunters" (whatever those are...???). I'd be almost positive that agents from other states are recruited to work on archaeological projects in Florida from outside university systems. Denying the Florida B.A.R. the privilage of orchestrating such operations would be a kiss-of-death academically, and soon enough, you could bet that other states would reciprocate. Imagine all the fun that would be spoiled! And by the way, I want all the museum loans to out-of-state "clients" returned to Florida where I can see them in one of the numerous State-run museums that must be nearby! And I demand that the State of Florida make any report about any such archaeologically valued item a public record and hosted electronically on a freely available website. This information will also include the textbook materials and other written information that is ascribed to any and all college/university professors or other persons receiving any public funds arising from Florida tax who would otherwise profit from the publication of that information, for whatever purpose. I also demand that any archaeologist who has ever had access to any data or artifact controlled by the State but otherwise excluded to the public, to be identified so that he or she may be questioned as to their asseessments and opinions of those artifacts and those data.

And, another angle. How bout we escrow the operational capital that would be used for private salvage and INSIST that wrecksites be worked by only certified underwater archaeologists under B.A.R direction. And, let's make it mandatory for the State archaeological crew to respond and resolve any suspicions we have regarding any material that might be on the bottom, no matter from what source... sort of like calling the archaeological police. HOWEVER, all recovered material, all intellectual property resulting from the salvage and any other potential money-generating item will be escrowed as well, and auctioned by the State itself with all escrowed funds retuned to original investors with a projected profit margin adjusted by appraisals from artifact dealers publically certified and registered to make such appraisals (who are NOT employees of any government agency, anywhere). The State will get whatever is generated above this estimate. This dispersal and auction will be long after the archaeological community has had its chance to "study" and "document" the artifacts: no more than one calendar year after any given item is recovered... there will be no question about this time frame, of course, because archaeologists know how to read a calendar, unlike the treasure hunters who can just barely speak in single syllables. And there will be no adhoc "proprietorship" of the artifacts by the archaeological community vis a vis State owned laboratories, museums, footlockers, desk-drawers, cargo-containers, ect. To be completely fair, the State can actually bid on items it really wants, provided they have the cash to buy them... no trading with competive bidders will be allowed. Did I mention that the archaeologists will be paid according to a forty hour workweek? No salary, just hourly pay. No overtime. No worky, no ticky. Don't laugh... this idea might be a great one. It's just like betting on roller-ball where your favorite team is the team you love to hate!

These ideas are strange, but, we would all agree that the ideas arising from government are stranger still in many instances. All of my notions are reactionary... just as if I were trained by the Florida B.A.R.

Incidentally, in complete sobriety, I have several friends that are lawyers, and they are my friends because I trust them implicitly, and they are always great company! On the other hand, being a lawman for twenty years also has provided me with a list of lawyers that I would like to see hang. I also find most archaeologists to be fascinating people... but they make lousy politicians.

One more thing: no State employed archaeologist should be permitted to own a gun.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Im going to do my part to help and print out as many as i can and pass out at local stores with help from friends.I think its a stupid mistake for the state to close the door on people with the kind of exp. some of you have in the field.Its the same as homeland security saying they no longer need any help from the public,or as local police depts doing the same.If someone finds something in the woods or in the water that the state /police should know about, you would think they would want everyones help.At the rate they move ,we may not be alive to see alot of the history that is really here. I know i have found some sites on land ,and i know for a fact they have had no chance to study them,nor do they even know where they are .Imagine if they close the door on all of us how much history will be lost........As far as looters ,it takes alot of money to find the great shipwrecks, most looters will never make it to the sites.You need to come up with something new (STATE) .................... I got out about 200 letters since i first posted this today ,with the help of 2 friends....I also ask the people to stop and think?Who would better guard a shipwreck full of gold from looters then the people who found it......Get to work people
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

We have generated a lot as well Relic, thanks for doing your part and keep it up. We need many thousands of letters of all sorts. We also need to look at changing public perception, maybe some of the more eliquent writers could make some "letter to the editor" type stuff that we could all submit to our local newspapers...including the link for public comment of course.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

yes folks now is the time for you aka "we the people" to speak up **** before they shove this bad bit of grabage down your throat -- better to stop it before it be comes the "law of the land" than to pee and moan about it after the fact ---and in this case you can make a differance ---if you choose to --- if not well just get used to being "told" what you can do by a govt that "rules" you rather than you "ruling" them as it was set up to be by our fore fathers. ---- happy 4th of july ---Ivan

http://flheritage.com/archaeology/rule/
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Amen Ivan, happy 4th to you too.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

as I said before its a numbers game if the public clearly supports something then the politicans are hard pressed to deny it form happening -- and in this case the public is with us -- hands down --the public comment time is the only time we the poeople can clearly voice what the will of the people is --- ie what "we want our ELECTED reps to do on our behalf" rules and laws wize -- thus they must respect the will of the people or risk losing our votes and thus their jobs.

never forget that the elected folks rule over the appointed folks and their staff -- and thats the way it works in politics

the political "food chain" ---we the people elect folks who appoint folks who answer to the elected folks who answer to us via elections . if someones gets too "heavy" they are gotten rid off or transfered to a back office with no power --which one depends on how high up the food chain they are and how wired in they are.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

what difference does it make what state people are from?
As commented in another thread on this same topic, it was pointed out that there are many, MANY responses entered into the record from people outside of the State of Florida and even from outside of the U.S.A. If they can be counted in the masses in support of these changes, why cant the same nonresident's be counted against this change? I am currently a florida non-resident, (used to be in the 90's), but spend more personal money than I care to admit working on florida's east coast on the 1715 wrecks. Why should my voice be worth anything less than my partner who has lived in florida for the last 30+years?

Also, has this change been addressed with the metal detecting companies?, ie... Whites, Fisher, Garett, KelleyCo, Aquapulse, ect... I'm sure they would love to help support our cause.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage pro

In this case the state of florida is in violation of the antitrust law.

How do we get this case to court?

United States Of America vs The state of florida.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

Changed the line from "Resident of the State of Florida" to "As a Business Partner in the State of Florida" printed out several and have already mailed mine in. Hope to do the same with others.
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

taking a batch to my metal detecting club * plan to get a batch to send to taffi for her to copy and submit to the state --so they can't accidently "delete" them -- :wink: --- theres power in numbers --- nothing like having an "angry mob" pelt them with letters to get political folks to pay mind to you --- Ivan
 

Re: the state of floridas " catch 22" why they HAD to change their salvage process

People

I am afraid any letter writting campaign would only lead to the loss of more trees. Most letters from the average Joe are probably just going to wind up in the trash bin.

I met with Jason, Brad and Tom last night and discussed the situation, a few good ideas were discussed.

As an archaeologist, I have a professional vitae, it is basically a fancy resume that list projects I have worked on, positions, dive training experience, articles I have published, professional associations I am a member of etc. In my opinion, everyone should have one that is in this business, including treasure hunters. Most people assume you are just a bunch of underwater Indiana Jones wanna bees that care nothing about saving things in regards to history and will tear up anything in search of treasure. In some cases that's probably true, but I think most others have a deep appreciation of history. You have a professional looking vitea and all of the sudden people see you have worked on projects and have some degree of experience and aren't just somebody who watched the movie at the Fisher Museum one too many times.

You can list a project whether you were on it for one day or ten years. It is all experience and adds up. A lot of times you can volunteer on land digs, take an opportunity to do so. Archaeologist are big into publishing, it is a publish or perish field. Do some research or write a short article on a project you are working on, submit it to FL Scuba News, or Sport Diver or even some of this publications different historical societies put out. IT MAY NOT be an ACADEMIC JOURNAL, but it is still publishing and getting information out there. Plus you can add it to your vitea. Finally, join a local historical society, dive club, etc. These are all things that will make you look more professional and the more professional you look, the more serious you will be taken.

Finally, instead on an individual letter writting campaign, has anyone though of starting a petition?

Just my 2 cents for what it's worth.

Rob Westrick
 

Re: the state of floridas " catch 22" why they HAD to change their salvage pro

Good idea rob,

The state and LAMP already know who i am since i found the 3rd ave wreck site in new smyrna beach (after hurricane jeanne)that made it on the master site list.Then LAMP and the state dropped the ball and let the city of new smyrna beach destroy what was left of the wreck and let sub contractor beach cleanup crews take it to the dump.I had it well documented with a time line with before and after photos.I got email from archaeologists from all over the world on how well of a job i did documenting the wreck site but they asked "how could this have happened?".I saved all those emails and printed them out.I could add them to the web site.My web site is down at the moment,but will be back up soon with the Disappearing 3rd ave wrecksite.The last time i talked to ryan wheeler i asked him if any of the city officials in new smyrna beach got busted for destroying history.All he said was they were looking into it.This happened right after all the hurricanes in 2004.I guess budget cuts and lack of personnel have slowed them down.The public an I are still waiting for a answer.If a treasure hunter would have destroyed this site,you know dam well they would have busted them quickly.Are city officials exempt from destroying history?My web site will be up soon,it now has even more of a Porpoise.
 

Attachments

  • RIP3rdwrecksite.jpg
    RIP3rdwrecksite.jpg
    48.8 KB · Views: 297

Top Member Reactions

Users who are viewing this thread

Back
Top