FWC shuts down crime ring selling priceless Florida artifacts

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The Chairman

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:fwc:

The Florida Fish and Wildlife Conservation Commission (FWC), with the support of the Florida Department of State (DOS), completed a statewide investigation Wednesday that included more than 400 felony violations by 13 individuals from the Keys to the Panhandle. The undercover operation shut down a group of individuals who destroyed state lands to illegally uncover and sell historic Florida artifacts.

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“The suspects were part of a criminal conspiracy,” said Maj. Curtis Brown, head of the FWC’s Investigations section. “Their crimes pose serious environmental, economic and cultural consequences.”
Florida statute establishes that historic properties, including artifacts, are an important legacy to be valued and conserved for present and future generations. Artifacts on public lands are part of the public trust and should be enjoyed by all. When people take them and sell them illegally, they are stealing from the citizens of Florida.

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“We are all responsible for protecting and conserving our state’s natural resources, including land, water, fish and wildlife, as well as historic items like artifacts. But FWC officers have the extra duty of ensuring everyone is doing their part,” Brown said.
Undercover FWC officers infiltrated the operation and gathered evidence to charge the subjects, stopping their illegal business and protecting both the lands and the cultural resources.
“This is not the situation of a family out hiking and finding an arrowhead or other artifact that they want to take home,” Brown said. “We did not target the casual collector. These subjects intentionally destroyed lands and rivers for their own personal gain. Some even made their entire living on these illegal sales.”
Many of the illegally obtained artifacts were offered for sale online or at trade shows. The asking prices for some of the looted pieces were as much as $100,000.
“Artifacts are a finite, nonrenewable resource. When they are taken, destroyed or stored in private collections without being documented, they, and the history they represent, are gone forever,” said Rob Bendus, State Historic Preservation Officer and director of the DOS Division of Historical Resources. “This is a significant loss to the state’s quality of life, history, economy and cultural resources.”
The methods used by these subjects were extremely damaging to the environment. They were operating on state lands, illegally dredging rivers and digging massive holes in pristine wooded areas.

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“Some of the sites they looted have been completely decimated and will never be able to be studied by professional archaeologists in the future,” Bendus said. “Historians are still trying to piece together the history of Native Americans in Florida. These sites hold immeasurable amounts of information that would be extremely valuable to historians and archaeologists who are working to learn more about Florida’s earliest human inhabitants.”
This investigation was led by the FWC, but incorporated support from other agencies and organizations as well.
“We truly value our partnerships with the Florida Department of State, the Attorney General’s Office of Statewide Prosecutor, Florida Department of Environmental Protection, Georgia Department of Natural Resources, various archaeological and anthropological societies, Florida universities and Native American groups,” Brown said. “Protecting these valuable resources takes teamwork among all of us.”

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The public can also help by reporting suspected violations to the FWC. To make a report, call the Wildlife Alert hotline – 888-404-FWCC – or text Tip@MyFWC.com.
The suspects and their charges are as follows:

§ Nathan A. Curtis (DOB 04/15/87) of Havana, Fla.
  • 7 felony counts – Violations of historical resources [F.S. 267.13 (1)(c)]
  • 1 misdemeanor count – Theft [F.S. 812.014 (1)(b)–(3)(a)(1)]
  • 7 felony counts – Dealing in stolen property, [F.S. 812.019 (1)]
  • 1 misdemeanor count – Dealing in stolen property by use of the Internet [F.S. 812.0195(1)]

§ Terry Tinsley (DOB 12/02/60) of Havana, Fla.
  • 26 felony counts – Violations of historical resources
  • 26 felony counts – Dealing in stolen property
§ Jacky Fuller (DOB 12/03/58) of Fortson, Ga.
  • 103 felony counts – Violations of historical resources
  • 103 felony counts – Dealing in stolen property
  • 10 felony counts – Dealing in stolen property by use of the Internet
§ Johnny Tomberlin (DOB 02/03/59) of Bainbridge, Ga.
  • 1 felony count – Violations of historical resources
  • 1 felony count – Dealing in stolen property
  • 1 felony count – Dealing in stolen property by use of the Internet
§ Allen C. Hyde (DOB 04/05/63) of Macclenny, Fla.
  • 51 felony counts – Violations of historical resources
  • 1 misdemeanor count – Theft
  • 50 felony counts – Dealing in stolen property
§ James Tatum (DOB 01/25/39) of Fort White, Fla.
  • 13 felony counts – Violations of historical resources
  • 13 felony counts – Dealing in stolen property
  • 1 felony count – Dealing in stolen property
§ Donald McAlister (DOB 12/23/67) of Jasper, Fla.
  • 1 felony count – Theft
  • 52 counts –Removal of artifacts by excavation [F.S. 267.13(1)(b)52]
  • Removal of artifacts from state lands/waterways [F.S. 267.13(1)(a)]
  • Damage to state lands [F.S. 375.314]
  • Possession of cannabis, less than 20 grams [F.S. 893.13(6)(b)]
§ Linda K. Herring (DOB 08/21/73) of Jasper, Fla.
  • Removal of artifacts from state lands/waterways
  • Removal of artifacts by excavation
  • Possession of cannabis, less than 20 grams
  • Possession of drug paraphernalia
§ John Layer (DOB 12/09/40) of Florahome, Fla.
  • 1 felony count – Violations of historical resources
  • 1 felony count – Dealing in stolen property
§ Paul Hilton (DOB 12/21/62) of Silver Springs, Fla.
  • 2 felony counts – Violation of historical resources
  • 2 felony counts – Dealing in stolen property
§ William Walters (DOB 10/28/64) of Dade City, Fla.
  • 2 felony counts – Violations of historical resources
  • 2 felony counts – Dealing in stolen property
§ William Frignoca (DOB 04/14/72) of Sarasota, Fla.
  • 1 felony count – Violations of historical resources
  • 1 felony count – Dealing in stolen property
§ Harlan Trammell (DOB 09/25/63) of Big Pine Key, Fla.
  • 1 felony count – Violations of historical resources
  • 1 felony count – Dealing in stolen property
 
This is a touchy subject around here. I know people who had been diving for 20+ years for arrow heads. They had assembled quite a collection over the decades. Only recently did it become a crime to take arrow heads from the N. Florida rivers. However, there is no way to establish when an arrow head was found. A guy who frequented my shop was showing an elementary school some Florida artifacts when he was arrested.

Certainly there's no excuse for breaking this law, but what about taking the artifacts before it was law. Is it better for arrows to be sitting under a foot of sand in the middle of the suwannee river?
 
Here is a synopsis of the laws from FWC:

Keeping artifacts, archeological finds or treasure.

Answer ID 2406 | Published 08/03/2006 02:30 PM | Updated 12/21/2012 10:22 AM
If I find archeological artifacts or treasures on state lands, can I keep them?

Florida Statue 267.061 requires that underwater archeological finds, 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 belong to the state with the title thereto vested in the Division of Historical Resources of the Department of State for the purposes of administration and protection. You may not keep such finds without the express permission of the State of Florida. For more information about underwater archeological finds, visit the Division's Bureau of Archeological Research on the web at: Archaeology - Florida Division of Historical Resources.

Florida Statute 1004.57 sets forth the State of Florida's declared intent to protect and preserve vertebrate fossils and vertebrate paleontology sites. All vertebrate fossils found on lands owned or leased by the state belong to the state with title thereto vested in the Florida Museum of Natural History. Field collection of vertebrate fossils may be conducted under the authority of a permit issued by the Program of Vertebrate Paleontology in accordance with 1004.575 F.S. and the University of Florida RULE 6C1-7.0541 Florida Administrative Code (F.A.C.). The purpose of the fossil collecting permit is not only to manage this non-renewable part of Florida's heritage, but to help paleontologists learn more about the range and distribution of the state's fossil animals.

It is Florida's public policy to protect and preserve all vertebrate fossils, including bones, teeth, natural casts, molds, impressions, and other remains of prehistoric animals. Fossil sharks teeth are specifically excluded from these regulations, as are fossil plants and invertebrates, including shells, so no permit is required to collect these specimens.

Any person with an interest in Florida vertebrate fossils may apply for a permit. For more information please go to: FLMNH - Vertebrate Paleontology - Florida Fossil Permits.

You can view Florida Statutes online at: Statutes & Constitution :View Statutes : Online Sunshine.

You can view Florida Administrative Code at: https://www.flrules.org/Default.asp.
 
From [h=4]State Laws[/h][h=5]Florida Historical Resources Act[/h]Florida's antiquities law (Chapter 267, Florida Statutes), and administrative rules (Chapters 1A-31 and 1A-32) govern the use of publicly-owned archaeological and historical resources located on state property, both on land and in the water. Administered by the Florida Division of Historical resources, the law establishes programs and policies to encourage preservation of historic resources for the public benefit. State-owned underwater resources are those that are located on the bottom of navigable rivers, streams, lakes, bays, and offshore (in the Gulf of Mexico out to 10 miles, and in the Atlantic out to 3 miles).
Major goals of Florida's historic preservation program are to identify, register, protect, and preserve significant historical resources which belong to the public. Divers are encouraged to participate in the identification, recording, and reporting of underwater sites in order to preserve them. However, disturbing or digging of publicly-owned sites is illegal unless permission is obtained in advance from the Division of Historical Resources. Intentional excavation of underwater sites without written authorization is considered a third-degree felony. Its best to record and report what you find, and seek help to proceed with further investigation.
Currently, permission to conduct excavations on publicly-owned sites can take the following forms:
Archaeological Research Permits may be granted by the State to survey and excavate in state waters by scientific and educational institutions such as museums, universities, and colleges. The permittee must have the necessary professional archaeological expertise to perform proper field research, analysis, interpretation, conservation, and reporting. All materials collected under a research permit remain public property to be administered by the State, but may be placed on loan for the purpose of further study, curation, or display.
Exploration and Recovery Permits may be granted by the Division of Historical Resources to individuals or companies for the survey and recovery of submerged cultural resources offshore in State waters. These are not leases of state lands, but permits to perform certain activities under the supervision of the State. After completion of an extensive survey, excavation may be permitted under archaeological guidelines and recovered artifacts must be recorded and conserved. At the conclusion of analysis and conservation treatment, a portion of these materials may be awarded to the permittee. The State retains the remainder of recovered materials for research collections and public display.
 
I am pretty conflicted about this but the law is the law. The laws are draconian enough to drive the casual collector to go rogue and break them. I admit it: I'm a collector. I am quite disappointed in the State of Florida in regards to this.
 
So let me get the gist of this...

If I am diving looking at pretty wet rocks and see an arrow head, underwater in this case and seemingly relevant to the discussion, I am a criminal if I take said arrowhead now? If so, ok I get it.

But if I have a collection I retrieved from the same location pre law I am still a criminal?

Seems like that is not an enforceable law.

That's like saying 8cylinders engines are outlawed and anyone who owns one is a criminal.

Sent from my MB855 using Tapatalk 2
 
So let me get the gist of this...

If I am diving looking at pretty wet rocks and see an arrow head, underwater in this case and seemingly relevant to the discussion, I am a criminal if I take said arrowhead now? If so, ok I get it.

But if I have a collection I retrieved from the same location pre law I am still a criminal?

Seems like that is not an enforceable law.

That's like saying 8cylinders engines are outlawed and anyone who owns one is a criminal.

Sent from my MB855 using Tapatalk 2

Welcome to America! They are doing jut that with firearms and accessories at this very moment.

Sad but true.
 
You had to bring dear leader in didn't you...

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