Florida's Antiquities Law (Chapter 267) Explained for Metal Detectorists
Florida Statutes Chapter 267 gives the state title to historic artifacts abandoned on state-owned land and sovereignty submerged land, and makes removing them without a permit a crime. Here's where that line falls on a beach, where the "50-year rule" actually comes from, and what to do if you find something old.
Florida's antiquities law is narrower than most detecting forums say, and stricter where it does apply. Five centuries of Spanish, French, British and American history sit on top of thousands of years of Native American occupation, and the coast was a highway for colonial treasure fleets. So the question "who owns an old coin I dig up?" comes up on almost every Florida beach.
The answer turns on who owns the land, not on how old the object is. Florida Statutes § 267.061(1)(b) gives the state title to "all treasure trove, artifacts, and such objects having intrinsic or historical and archaeological value which have been abandoned on state-owned lands or state-owned sovereignty submerged lands." Section 267.13 then makes it a crime to remove or disturb an archaeological site or specimen on land owned or controlled by the state without a permit from the Division of Historical Resources (DHR). Neither section mentions an age cut-off, and neither applies to land the state doesn't own or control.
What Chapter 267 actually says
- Ownership (§ 267.061(1)(b)): historic and archaeological objects abandoned on state-owned land or state-owned sovereignty submerged land belong to the state, with title held by the Division of Historical Resources.
- The offense (§ 267.13(1)): removing, trying to remove, defacing or altering an archaeological site or specimen on land owned or controlled by the state, without a DHR permit. Done without digging, it's a first-degree misdemeanor (up to 1 year and $1,000). Done by excavation, it's a third-degree felony (up to 5 years and $5,000). Everything collected is forfeited to the state, and the court can order restitution.
- No age threshold: the statute doesn't say "50 years." See below for where that number comes from.
- No reporting duty, no reporting defense: the law punishes removal without a permit. Reporting a find is the right thing to do, but it isn't required by § 267.13, and reporting afterwards doesn't turn an unpermitted removal into a lawful one.
Where Chapter 267's ownership rule applies
| Where you are | State owns historic finds? | Detecting allowed? | Notes |
|---|---|---|---|
| Beach below the mean high-water line (wet sand, surf, water) | Yes — sovereignty land | Usually, from the shore; not in state-park water | The 1715 and 1733 fleet wreck sites are here; salvage requires state permits |
| Dry sand on a city or county beach (above mean high water) | No, unless the parcel is state-owned | Usually yes, between the high-tide line and the dune | City/county rules apply; the dunes are off-limits |
| Florida state parks | Yes — state-owned throughout | Only in designated beach areas between the dune toe and the high-water line | State Parks policy: anything over 50 years old can't be kept |
| Rivers and springs (state-owned bottoms) | Yes — sovereignty land | Depends on the access point's manager | DHR: "State public lands include the submerged river bottom" |
| Federal land (national seashores, forests) | Federal law instead | No in NPS units (36 CFR 2.1) | ARPA protects archaeological resources over 100 years old |
| Private land | No | With the owner's permission | Unmarked human burials are protected everywhere (§ 872.05) |
From Fla. Stat. §§ 267.061, 267.13 and 872.05, DHR's archaeology FAQ and the Florida State Parks FAQ; checked 2026-09-28.
Where the "50-year rule" comes from
Florida detectorists talk about a 50-year rule, and it's real, but it's a Florida State Parks rule, not a line in Chapter 267. The Parks FAQ says: "Objects with historic association (anything over 50 years old) are not permitted to be kept by park visitors, even if the objects are found in the areas approved for metal detecting." Inside a state park the whole park is state land, so § 267.061 already gives the state title; the 50-year figure is how the Park Service applies it on the ground.
Outside state parks, the useful test is location first, then age. On the dry sand of a city or county beach, § 267.061 doesn't claim what you find. Below the mean high-water line you're on sovereignty land, where anything historic belongs to the state regardless of how you came to find it. Fifty years is a sensible rule of thumb for "might be historic," and DHR can tell you whether a particular find matters.
The Treasure Coast: wreck material and the waterline
From Sebastian Inlet south past Fort Pierce, the 1715 Spanish fleet's wreck sites lie just offshore, and storms move their material in the surf. The wreck sites are on state sovereignty submerged land, where recovery requires state permits, and some sites are worked by permitted salvors. Anything from the fleet found in the water or wet sand below mean high water is state property under § 267.061. A cob that has been thrown up onto dry sand on a city or county beach is a harder case the statute doesn't settle cleanly, so the safe course is the same either way: record where it was and contact the Bureau of Archaeological Research before you do anything else with it. On state-park beaches such as Sebastian Inlet, the Parks rule settles it: you can't keep it.
What to do if you find something old
- 1
Stop and document it
Photograph the item where it lies and note GPS coordinates, the tide and how deep it was. That context is what makes a find useful to archaeologists.
- 2
Don't clean or alter it
Keep it in a clean, dry bag or container. Acids, abrasives and electrolysis destroy surface detail that helps identify and date a find.
- 3
Work out whose land it came from
State park, below mean high water, a state-owned river bottom? Then it belongs to the state, and removing it without a permit is an offense under § 267.13. City or county dry sand? The state's ownership rule doesn't reach it, but a genuinely historic find is still worth reporting.
- 4
Call the Bureau of Archaeological Research
DHR's Bureau of Archaeological Research, 850-245-6444 (B. Calvin Jones Center for Archaeology, 1001 de Soto Park Drive, Tallahassee), can recommend a course of action. Describe what you found and where, and send your photos.
- 5
Hold off on social media
Posting a potentially significant find before you've spoken to DHR can complicate things, especially if it turns out to have come from state land.
Human remains: a separate rule that applies on all land
Florida's unmarked human burial law, § 872.05, applies on public and private land alike. Willfully and knowingly disturbing, removing or damaging an unmarked human burial is a third-degree felony. Anyone who knows or has reason to know that an unmarked burial is being unlawfully disturbed must immediately notify local law enforcement, which notifies the district medical examiner. If the person has been dead 75 years or more, the medical examiner notifies the State Archaeologist. If you uncover what look like human bones, stop, leave everything in place and call law enforcement.
Frequently Asked Questions
Does Florida law make anything over 50 years old state property?
No. Chapter 267 has no age threshold. It gives the state title to historic and archaeological objects abandoned on state-owned land and sovereignty submerged land. The 50-year figure is Florida State Parks policy for what visitors can't keep inside state parks.
Does Chapter 267 apply to the dry sand on a city or county beach?
Not the ownership rule. Section 267.061 covers state-owned land and state-owned sovereignty submerged land, which on the coast generally means seaward of the mean high-water line. Dry sand above it on a city or county beach is usually local-government or private land, unless it's inside a state park.
What happens if I remove an artifact from state land without a permit?
Under § 267.13, removing or disturbing an archaeological specimen on state-owned or state-controlled land without a DHR permit is a first-degree misdemeanor (up to 1 year and $1,000), or a third-degree felony if done by excavation (up to 5 years and $5,000). Everything collected is forfeited to the state, and the court can order restitution.
Is reporting a find required by law?
Not by § 267.13, which punishes removal without a permit rather than failure to report. Reporting is still the right course for anything historic, and DHR's Bureau of Archaeological Research (850-245-6444) will advise you. The one mandatory report is for human remains, under § 872.05.
Can I metal detect in Florida state parks?
Only in coastal parks, and only in beach areas between the toe of the dune and the high-water line that the park manager designates. Detecting in submerged areas isn't allowed, and anything over 50 years old can't be kept. Call the park first to ask which stretch, if any, is open.
Is Florida's Isolated Finds Program still running?
No. The program, which let finders report and sometimes keep artifacts from state river bottoms, ran from 1996 to 2005 and was discontinued.
Does Chapter 267 apply on federal land?
On federal land, federal law governs instead. National park units ban detectors outright under 36 CFR 2.1, and the Archaeological Resources Protection Act protects archaeological resources over 100 years old on all federal land. If you find something on a national forest, tell the Forest Service.
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Disclaimer
Information is provided for general guidance only. Regulations change frequently. Always verify current rules with the official jurisdiction before relying on this information for legal decisions. Permitted Pursuits is not a substitute for official agency guidance. Report an error.
Sources
- Fla. Stat. § 267.061 — Historic properties; state policy (Florida Senate)(accessed 2026-09-28)
- Fla. Stat. § 267.13 — Prohibited practices; penalties(accessed 2026-09-28)
- Fla. Stat. § 267.021 — Definitions(accessed 2026-09-28)
- Fla. Stat. § 872.05 — Unmarked human burials(accessed 2026-09-28)
- Florida Division of Historical Resources — Underwater Archaeology FAQ (metal detecting on state land; § 267.13 penalties)(accessed 2026-09-28)
- Florida Division of Historical Resources — Archaeology (Bureau of Archaeological Research contact)(accessed 2026-09-28)
- Florida State Parks — FAQ 1.6, metal detecting and the 50-year rule(accessed 2026-09-28)
- Florida Administrative Code Chapter 62D-2 — State park rules(accessed 2026-09-28)
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