The 2023 Florida Statutes (including Special Session C)

Title XIX
PUBLIC BUSINESS

Chapter 285
INDIAN RESERVATIONS AND AFFAIRS

View Entire Chapter

F.S. 285.09

285.09 Rights of Miccosukee and Seminole Tribes with respect to hunting, fishing, and frogging.—

(1) It is lawful for members of the Miccosukee Tribe and members of the Seminole Tribe to take wild game and fish at any time within the boundaries of their respective reservations and in the exercise of hunting, fishing, and trapping rights within the Big Cypress Preserve under Pub. L. No. 93-440 and under s. 380.055(8), provided that game may be taken only for food for the Indians themselves.

(2) In addition, members of the Miccosukee Tribe may take wild game and fish for subsistence purposes and take frogs for personal consumption as food or for commercial purposes at any time within their reservation and the area leased to the Miccosukee Tribe pursuant to the actions of the Board of Trustees of the Internal Improvement Trust Fund on April 8, 1981. The Fish and Wildlife Conservation Commission may restrict, for wildlife management purposes, the exercise of these rights in the area leased. Prior to placing restrictions upon hunting, fishing, and frogging for subsistence purposes, the Fish and Wildlife Conservation Commission shall totally restrict nonsubsistence uses for the particular species.

History.—s. 3, ch. 29908, 1955; s. 1, ch. 81-204; s. 83, ch. 99-245.

F.S. 285.09 on Google Scholar

F.S. 285.09 on Casetext

Amendments to 285.09

Arrestable Offenses / Crimes under Fla. Stat. 285.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 285.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNIVERSE SALES COMPANY, LTD. v. SILVER CASTLE, LTD., 182 F.3d 1036 (9th Cir. 1999)

. . . judgment in favor of Universe that ordered Sportswear to pay restitution of royalties in the sum of $60,-285.09 . . .

STATE v. E. BILLIE,, 497 So. 2d 889 (Fla. Dist. Ct. App. 1986)

. . . Section 285.09(1), Florida Statutes (1983), provides that members of the Miccosukee and Seminole tribes . . . Billie also suggests that sections 285.09(1) and 380.055(8), Florida Statutes (1983), are exceptions . . . conclude that no conflict exists between section 372.671 under which Billie was prosecuted and sections 285.09 . . . Sections 285.09(1) and 380.055(8) are regulatory in nature and generally provide that Indians may hunt . . .

STATE v. BILLIE, 17 Fla. Supp. 2d 68 (Fla. Cir. Ct. 1985)

. . . S. 285.09(1) contains additional exceptions to the “alleged general prohibitory” nature of F. . . . S. 285.09(1) provides: (1) It is lawful for members of the Miccosukee Tribe and members of the Seminole . . . Florida Statute 285.09(1) allows the taking of “wild game” .... . . . S. 285.09(1) and F. . . . S. 285.09 and F. S. 380.055(8) together, a violation of F. . . .