thats a great book, it rides around with me in my work van, i read it all the time, and re-read it on things i need clarification on.
In Florida, land is considered properly posted when it meets one of the following criteria. (see F.S. 810.011)
1. If there are signs no less than 500 feet apart bearing 2 inch letters that say POSTED or NO TRESPASSING and bear the land owner's name at a height of 3 to 5 feet.
2. A land owner can also paint his posting and information on trees at the same intervals and height in orange paint .
3. The land can also be properly posted by simply being fenced with wire, wood or block at least 3 feet above the ground.
4. Land that does not require posting or fencing is any land less than 5 acres with a home on it, or agricultural land with active agricultural or horticultural practices taking place.
Cattle pastures, plant nursery, tree farms, orange groves, strawberry fields and any other planted crops are considered posted land by virtue of the fact that they are active farming areas. Further, trespassing with a weapon is considered a third degree felony. If convicted of a felony, you can kiss you gun ownership rights goodbye.
As for soverign lands, according to the definition from Florida's DEP, “Florida’s sovereign submerged lands are those public trust lands below navigable water that the Unites States Congress transferred to the state of Florida in 1845 as Florida was granted statehood. Lands below navigable water means all lands within the boundaries of each of the respective states which are covered by non-tidal waters that are navigable under the laws of the United States. Submerged lands are held in trust for the use and benefit of the citizens of the state, as set forth in the state constitution.”
In other words, any land within the high water mark (visible marks on the furthest trees from the bank above ground level) along the shore of non-tidal, navigable waterways (meaning rivers, streams and creeks you can navigate by boat or bodies of water where commerce takes place, including inland lakes) are open for public use by constitutional law. (see F.S. 177.28) Activities and uses may be authorized by letter of consent, easement or lease, while some may qualify for consent by rule or an exception. For us as hunters, we would qualify to use this land under the consent by rule or exception clause. (see F.S. 253.034)
also what sucks is while doing this you might really need to do your look at the property.. There might be a gate somewhere on the property or a fence somewhere and you might just have walked in where they didnt fence like edge up to dense woods that a hunter would actually access it from.
That is your opinion, and that is all it is. You just continue to over look the facts because you do not like them. That is fine If you do not want some one on your land than make sure you have it legally posted. Like the law requires you to do. I was just trying to help a guy out. I should have kept it to myself. Than every one had to call me out on this one. I proved the case, and have backed it up with statutes on the subject, and a letter from a Captain in the FWC. Its all right I am sure you are a good fellow FLDXT, and this post took a bunch of turns. I am sure we have all learned some things from it. That is what forums like this are for. The best scenario is to have permission to hunt private land, but you can not bash a guy if he hunts property like this. Since it is legal. I would definately do my home work, and ask my local LEO about it before plunging in.
