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  #81  
Old 03-15-2018, 10:21 PM
Barry Barry is offline
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Originally Posted by Tom_in_CA View post
I totally reject such links as that. For example, notice the opening line:

" .... Metal detecting in Florida is governed by the State Laws of Antiquities, established by the Federal Archaeological Resource Preservation Act of 1979...."

What that author fails to mention, is that ARPA (the 1979 thingy) is only for federal land. Not other forms of land. But do they specify/clarify that ? Nnneeeoo.

Whomever puts together whizbang web links like that, probably consulted with an archie (bless their little hearts). Who... of course .... paint everything with a dire brush. Insinuating that must run hither and yonder grovelling to see "if your county requires permits", etc....

There was even one of those, for another state, insinuating that you had to have private property owner's permission in Writing. But never backed it up to say where they'd gotten that from. I say hog-wash: A handshake and verbal is all someone needs. Just like if you invite your buddies over to watch the football game, they don't need "written permission" to be in your house.

So too is it with this link. A bit of effort and it falls apart as mostly sensational. Sorry.
Dont be sorry..The unedited version....


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 conducts archaeological field investigations on, or removes or attempts to remove or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, land owned or controlled by the state, land owned by a water authority, or land 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 conducts archaeological field investigations on, or removes or attempts to remove or defaces, destroys, or otherwise alters any archaeological site or specimen located upon, land owned or controlled by the state, land owned by a water authority, or land 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 land owned or controlled by the state, land owned by a water authority, or land 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 upon land owned or controlled by the state, including state sovereignty submerged land, or land owned by a water authority.
(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 is not due until after service of notice and an administrative hearing. However, the alleged violator has 20 days after service of notice to request an administrative hearing. Failure to respond within that time constitutes a waiver, and the fine becomes 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 upon land owned or controlled by the state, including state sovereignty submerged land, or land owned by a water authority without the written permission of the division.
(e) The division shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer 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; s. 2, ch. 2013-204.

and


The 2013 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 267
HISTORICAL RESOURCES

View Entire Chapter
CHAPTER 267
HISTORICAL RESOURCES
267.011
Short title.
267.021
Definitions.
267.031
Division of Historical Resources; powers and duties.
267.061
Historic properties; state policy, responsibilities.
267.0612
Florida Historical Commission; creation; membership; powers and duties.
267.0617
Historic Preservation Grant Program.
267.062
Naming of state buildings and other facilities.
267.0625
Abrogation of offensive and derogatory geographic place names.
267.071
Historical museums.
267.0731
Great Floridians Program.
267.074
State Historical Marker Program.
267.0743
State Historical Marker Council.
267.075
The Grove Advisory Council; creation; membership; purposes.
267.076
Confidentiality of certain donor information related to publicly owned house museums designated as National Historic Landmarks.
267.081
Publications.
267.11
Designation of archaeological sites.
267.115
Objects of historical or archaeological value.
267.12
Research permits; procedure.
267.13
Prohibited practices; penalties.
267.135
Location of archaeological sites.
267.14
Legislative intent.
267.145
Florida network of public archaeology centers.
267.16
Florida Folklife Programs.
267.161
Florida Folklife Council.
267.17
Citizen support organizations; use of state administrative services and property; audit.
267.172
Tallahassee; Florida Keys; contracts for historic preservation.
267.173
Historic preservation in West Florida; goals; contracts for historic preservation; powers and duties.
267.1732
Direct-support organization.
267.1735
Historic preservation in St. Augustine; goals; contracts for historic preservation; powers and duties.
267.1736
Direct-support organization.

Enjoy
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  #82  
Old 03-17-2018, 01:22 PM
Tom_in_CA's Avatar
Tom_in_CA Tom_in_CA is offline
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Originally Posted by Barry View post
Dont be sorry..The unedited version........
Barry, the phrase "public lands" there, taken in context of the source (the state of Florida) would mean: state lands. Not lesser sub-entities like county, city, and private.

But I will agree with you that .... yes .... a lower level entity under the fed (state of FL in this case) CAN INDEED incorporate ARPA wording/law, when done-so by specific inclusion. But unless specifically drafted in (as you've shown here): No, it's not automatic that ARPA subrogates down .

Because if it were automatic, that .... simply because the fed. (ARPA) has it, that all lesser/lower entities are held to that standard, .... then we're all sunk. But this doesn't take into account that park rules DIFFER ALL THE TIME. So even though states are a sub-part of the larger fed, and counties are a sub-part of the larger state, and cities are a sub-part of the larger county, does NOT mean that rules on the fed level (arpa ) automatically subrogate down.

Unless, as you have shown, it is done so by specific inclusion (entities do indeed borrow each other's wording). But as said: This has no bearing on county or city land.

Also: If you read closely, everything you've posted has to do with historical resources, artifacts, etc... And , as you may know, ARPA does not specifically dis-allow md'ing. But only if you're messing with 50+ yr. old objects. Ok, how good is your math ?

Don't over-think it.
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  #83  
Old 03-26-2018, 12:20 PM
ROBOTCOP13 ROBOTCOP13 is offline
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Posts: 392
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Detecting the Treasure Coast beaches of Florida is a lifestyle.

Live it, love it and learn when to keep quiet.
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