Current Issues

Florida Isolated Finds Policy

    As a starting point, all material located on state lands is owned by the state.  This includes minerals, trees, peat, logs, fossils, and artifacts.  As a basic premise, all flowing rivers (and most springs and larger lakes) in Florida are owned by the state.  People have collected artifacts from Florida rivers and springs for many decades, and these rivers and springs have produced some of the finest prehistoric material found in North America.  With the advent of SCUBA, some collectors began scouring the rivers and picked up some unbelievable artifacts – from Paleoindian through the Civil War.  At some time in the 1960’s the state passed a law that declared state ownership of all artifacts on state land.  Nevertheless, people continued to collect artifacts.  Much of this material was sold or traded away.

    The Isolated Finds Policy was started in 1996, based upon amendments made to Florida Chapter 267, in an attempt to reach a compromise with the collectors. The policy basically stated that divers would be given title to artifacts they recovered from the bottoms of streams and rivers (State lands). The diver would fill out a simple form giving the date and location of the find, inclosing a map of the location, and including a photocopy or photograph of the artifact. This information would be provided to the Bureau of Archaeological Research (BAR) and the state would have 90 days to notify the owner if the state a) wished to retain ownership of the artifact, b) wished to further study the artifact, or if no notice was forthcoming, c) confer title of the artifact to the finder. For more information see:

http://dhr.dos.state.fl.us/bar/finds/

    Despite these relatively simple steps, very few forms were submitted to BAR. According to staff reports given to the Florida Historical Commission, about 800 forms were submitted between 1996 and 2003. Fewer than 100 individuals submitted forms, and about 40 percent of the forms were submitted by just five individuals. Obviously, the program has not been working as planned and is unworkable for various legal reasons. The IFP had been adopted as a way to encourage river divers to report sites and finds, so that they might be recorded and examined. A number of very important underwater sites have been reported by divers, but the vast majority of divers are reluctant to report their finds. They are so reluctant, in fact, that they are willing to break the law by stealing artifacts which rightfully belong to the people of the state of Florida and to their descendants. Until the State transfers ownership of an artifact to an individual filling out the IFP paperwork, the artifact remains property of the State.

    The matter of ownership plays a large part in this issue. Why should items, which belong to all of the people of Florida, be given to individuals who hoard them away, or worse, sell them for profit? When objects are recovered during the course of archaeological excavations, they are made available for all interested to study and are held in trust for future generations to study. This is not the case with most private collections. There are rarely field notes and documentation to accompany the artifacts. As you may know, without knowledge of the context in which they were recovered, the artifacts are merely pretty baubles.

    According to state statute 267.061, the Division of Historical Resources has a duty and responsibility to protect the archaeological resources located on State lands, including submerged lands. The Division should act as a trustee and steward of these resources, for all of the citizens of the state, not just a few.  Additionally, Florida Statute 267.14 states: It is hereby declared to be the public policy of the state to preserve archaeological sites and objects of antiquity for the public benefit and to limit exploration, excavation, and collection of such matters to qualified persons and educational institutions possessing the requisite skills and purpose to add to the general store of knowledge concerning history, archaeology, and anthropology.

    The existing Isolated Finds Policy does not support the preservation of archaeological sites or objects. Very few of the divers engaged in this activity are willing to cooperate, as the program was designed. In short, the Policy has failed.

    The state has several options.  It can ban the practice of collection outright, it could allow some collection, it could set up a permit system, it could ban collection in certain areas but allow it in others.  There are many possibilities, but the present system is unworkable and leads to the destruction of Florida’s heritage for profit or private motivation.

    If you are interested, please write a letter.  The address and addressee are in the model letters (1, 2). If you have any questions, please let me know, and I will be happy to explain or discuss the options further.

Thanks,

Dave Thulman