[x] Welcome at THunting.com!

A fun place to talk about Metal Detecting, Treasure Hunting & Prospecting. Here you can share finds and experience with thousands of members from all over the world

Join us and Register Now - Its FREE & EASY

THunting.com
Treasure Hunting & Metal Detecting Community
   
Advanced Search
*
Welcome, Guest! Please login or register HERE - It is FREE and easy.
Only registered users can post and view images on our message boards.

Login with email, password and session length
Or Login Using Social Network Account
News:
Pages: 1    Go Down
Print
Share this topic on FacebookShare this topic on Del.icio.usShare this topic on DiggShare this topic on RedditShare this topic on Twitter
Tags:
0 Members and 1 Guest are viewing this topic.
Offline gleeTopic starter
Pull Tab
*

Join Date: Dec, 2009
Thank you0

Activity
0%

United States
Posts: 12
Referrals: 0

90.00 Gold
View Inventory

Awards

Texas Titan 3000
« on: December 15, 2009, 12:23:51 pm »
Go Up Go Down

I am interested in hiking along one of the Rail-to-Trails pathways here in Florida.  I thought it would be nice to do some detecting along the side of the pathway.  I was told by a Ranger that there is no detecting allowed on state land here in Florida.  He was unable to tell me where I might find that regulation.  I'm wondering if that is true.  The Trail I'm interested in is the Van Fleet trail that begins in Polk City Florida.  I called one of the metal detecting clubs in central Florida but they did not know of such a regulation!  Any help would be appreciated.

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,10012.msg62905.html#msg62905




Logged
Offline GoldDigger1950
The Old Man and the Soil
Global Moderator
Platin Member
*****

Just call me GD.
The Old Man and the Soil
Join Date: Jun, 2009
Thank you9

Activity
26%
Male
United States
Posts: 10186
Referrals: 12

44103.00 Gold
View Inventory

Awards

Garrett Groundhog ADS, Garrett Sea Hunter, Bounty Hunter Tracker IV, Bounty Hunter Pioneer 505,Minelab Eldorado Mk II, Tesoro Compadre, Tesoro Tiger Shark & A Few Home Brew Detectors
« Reply #1 on: December 15, 2009, 02:25:13 pm »
Go Up Go Down

Sadly, it's just about impossible to prove that a law doesn't exist particularly when you are in the field. Even if a law enforcement officer is wrong, most states protect them if they were not intenionally wrong. Again, the burden of proving that is nearly impossible so you are left with only one choice. Obey their orders or suffer an arrest and possible loss of your equipment.

Have you tried Google? I did a quick search and found tons of questions like yours but no Florida statutes. I only scanned the first two pages of results.

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,10012.msg62916.html#msg62916




Logged

It's all about that moment when metal that hasn't seen the light of day for generations frees itself from the soil and presents itself to me.
For more Treasure Hunting talk:

You are not allowed to view links.
Please Register or Login

http://www.goldgemandtreasure.com

Offline RogerC42
Pull Tab
*

Join Date: Dec, 2009
Thank you0

Activity
0%
Male
United States
Posts: 22
Referrals: 0

90.00 Gold
View Inventory

Awards

ACE 250
« Reply #2 on: December 23, 2009, 10:31:08 am »
Go Up Go Down

I believe this is the applicable statute:

 [detecting]The 2009 Florida Statutes
 
 Title XVIII
PUBLIC LANDS AND PROPERTY Chapter 267
HISTORICAL RESOURCES View Entire Chapter
 
267.13  Prohibited practices; penalties.--

(1)(a)  Any person who by means other than excavation either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and, in addition, shall forfeit to the state all specimens, objects, and materials collected, together with all photographs and records relating to such material.

(b)  Any person who by means of excavation either conducts archaeological field investigations on, or removes or attempts to remove, or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except in the course of activities pursued under the authority of a permit or under procedures relating to accredited institutions granted by the division, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is subject to forfeiture to the state if it is determined by any court of law that the vehicle or equipment was involved in the violation. Such person shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to such material. The court may also order the defendant to make restitution to the state for the archaeological or commercial value and cost of restoration and repair as defined in subsection (4).

(c)  Any person who offers for sale or exchange any object with knowledge that it has previously been collected or excavated in violation of any of the terms of ss. 267.11-267.14, or who procures, counsels, solicits, or employs any other person to violate any prohibition contained in ss. 267.11-267.14 or to sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource excavated or removed from any land owned or controlled by the state or within the boundaries of a designated state archaeological landmark or landmark zone, except with the express consent of the division, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and any vehicle or equipment of any person used in connection with the violation is subject to forfeiture to the state if it is determined by any court of law that such vehicle or equipment was involved in the violation. All specimens, objects, and material collected or excavated, together with all photographs and records relating to such material, shall be forfeited to the state. The court may also order the defendant to make restitution to the state for the archaeological or commercial value and cost of restoration and repair as defined in subsection (4).

(2)(a)  The division may institute an administrative proceeding to impose an administrative fine of not more than $500 a day on any person or business organization that, without written permission of the division, explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled lands, including state sovereignty submerged lands.

(b)  The division shall institute an administrative proceeding by serving written notice of a violation by certified mail upon the alleged violator. The notice shall specify the law or rule allegedly violated and the facts upon which the allegation is based. The notice shall also specify the amount of the administrative fine sought by the division. The fine shall not become due until after service of notice and an administrative hearing. However, the alleged violator shall have 20 days from service of notice to request an administrative hearing. Failure to respond within that time shall constitute a waiver, and the fine shall become due without a hearing.

(c)  The division may enter its judgment for the amount of the administrative penalty imposed in a court of competent jurisdiction, pursuant to s. 120.69. The judgment may be enforced as any other judgment.

(d)  The division may apply to a court of competent jurisdiction for injunctive relief against any person or business organization that explores for, salvages, or excavates treasure trove, artifacts, sunken or abandoned ships, or other objects having historical or archaeological value located on state-owned or state-controlled land, including state sovereignty submerged land, without the written permission of the division.

(e)  The division shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.

(3)  Any person who:

(a)  Reproduces, retouches, reworks, or forges any archaeological or historical object originating from an archaeological site as designated by ss. 267.11-267.14 and deriving its principal value from its antiquity or makes any such object, whether a copy or not; or

(b)  Falsely labels, describes, identifies, or offers for sale or exchange any object with intent to represent the same to be an original and genuine archaeological or historical specimen,

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  DETERMINATION OF ARCHAEOLOGICAL OR COMMERCIAL VALUE AND COST OF RESTORATION AND REPAIR.--

(a)  Archaeological value.--For purposes of this section, the archaeological value of any archaeological resource involved in a violation of the prohibitions in ss. 267.11-267.14 or conditions of a permit issued pursuant to ss. 267.11-267.14 shall be the value of the data associated with the archaeological resource. This value shall be appraised in terms of the costs of the retrieval of the scientific information which would have been obtainable prior to the violation. These costs may include, but need not be limited to, the cost of preparing a research design, conducting field work, carrying out laboratory analysis, and preparing reports as would be necessary to realize the information potential.

(b)  Commercial value.--For purposes of this section, the commercial value of any archaeological resource involved in a violation of the prohibitions in ss. 267.11-267.14 or conditions of a permit issued pursuant to ss. 267.11-267.14 shall be its fair market value. Where the violation has resulted in damage to the archaeological resource, the fair market value should be determined using the condition of the archaeological resource prior to the violation, to the extent that its prior condition can be ascertained.

(c)  Cost of restoration and repair.--For purposes of this section, the cost of restoration and repair of archaeological resources damaged as a result of a violation of prohibitions or conditions pursuant to this section shall be the sum of the costs already incurred for emergency restoration or repair work, plus those costs projected to be necessary to complete restoration and repair, which may include, but need not be limited to, the costs of the following:

1.  Reconstruction of the archaeological resource.

2.  Stabilization of the archaeological resource.

3.  Ground contour reconstruction and surface stabilization.

4.  Research necessary to carry out reconstruction or stabilization.

5.  Physical barriers or other protective devices, necessitated by the disturbance of the archaeological resource, to protect it from further disturbance.

6.  Examination and analysis of the archaeological resource, including recording remaining archaeological information, where necessitated by disturbance, in order to salvage remaining values which cannot be otherwise conserved.

7.  Reinterment of human remains in accordance with religious custom and state, local, or tribal law, where appropriate, as determined by the land manager.

8.  Preparation of reports relating to any of the activities described in this paragraph.

History.--s. 1, ch. 73-166; s. 9, ch. 81-173; s. 1, ch. 93-114; s. 15, ch. 2001-199; s. 18, ch. 2005-207.
 
 
 
Copyright ? 1995-2009 The Florida Legislature ? Privacy Statement ? Contact Us


Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,10012.msg63731.html#msg63731




Logged

RogerC42

Offline gambol1
Silver Member
*

At first we were all hunters
Join Date: Jan, 2010
Thank you0

Activity
0%
Male
United States
Posts: 919
Referrals: 0

4800.00 Gold
View Inventory

Awards

Garrett 150, 250,Fisher F75S, Tesoro sand shark
« Reply #3 on: May 03, 2010, 09:03:41 pm »
Go Up Go Down

Rodger, this pretty much encompases all roadway beach and shore line. It is written pretty plainly yet broad enough to catch anyone who picks up an arrowhead off the ground. The interesting thing is that this generation of professional archeologist consider older generations of professional acheologist treasure hunters and no doubt the next generation will consider this generation treasure hunters. So we all are. Some with permits some without.

One Jaketta Hawks one of the old generation of archaeologist said the excavations of the mounds along the Tigres and Euphrates early in the 20th century was to save artifacts which the locals were slowly mining for the limestone in them. These artifacts were put on barges and shipped all over Europe many were later destroyed by to bombing of of WWII. Zero sum game.

Linkback:

You are not allowed to view links.
Please Register or Login

http://www.thunting.com/smf/index.php/topic,10012.msg89820.html#msg89820




Logged
Print
Pages: 1    Go Up
Jump to:  

Powered by SMF 1.1.19 | SMF © 2005, Simple Machines | Sitemap
Copyright THunting.com