I am interested to know the rule as well...If I am wrong, I will retract my statements. I believe this is the very thing that started that big pissing match a couple years back on fs with the guys in Kentucky
Buddy I heard this for An honored FWC officer. I live in a city where it is not legal. Have not met many people here or in the woods that would attempt to beat the snot out of me. I was just sharing what I heard from the law. I am working on getting the law. If I am wrong than I am wrong. Like I said there are exceptions to the rule. Just like how you busted trespasser. I do not advocate trespassing, but if it is legal it is legal. No in between just because you do not like it. I doubt some one would try to bust my teeth out while I am carrying a shotgun.
Here's the answer to the Hunting on Private Land Question in Florida Gents. This question was posted/asked on the FWC website.
Question Posted on FWC website:
If public or private land, state-owned property, a beach or a certain waterbody is not fenced or posted, can I hunt, fish, boat or otherwise use the area for recreational purposes?
FWC Answer:
The Florida Fish and Wildlife Conservation Commission cannot give express permission to enter or access any property other than that managed by the Commission.
To determine if you can ride ATV's or horses, hunt, fish or boat or otherwise use a certain area, you will need to find out who owns or manages the area and ask them what rules or restrictions apply there. City, county, state and federal regulations may all apply depending on the area.
Public or private land that is not posted or fenced, including certain beaches and water bodies, may be managed to limit public access or the activities allowed there. Title to the land under a body of water may be deeded to a private or public entity (city, county, state or federal). Therefore you will need to identify and contact that managing entity before accessing the property or adjacent water bodies.
You can research the land records at the local county property appraiser's office to determine ownership and/or identify the managing public entity (city, county, state, or other agency). A listing of local property appraisers can be found at: http://dor.myflorida.com/dor/property/appraisers.html .
Although, it is a violation to interfere with a person who is legally fishing or hunting on public waters or property, property owners who feel they have a trespass claim, can file a complaint with the local sheriff or police department.
Cities, counties, and state and federal agencies may choose to manage public land, beaches and water bodies within their boundaries under their own rules or ordinances. A public entity that allows public access may or may not allow hunting, fishing, boating or other recreational activities. If such recreational activities are allowed, the managing entity may restrict or regulate them through its own rules or ordinances.
Public entities that allow hunting may choose to enroll the property in Florida’s Wildlife Management Program, in which case the Florida Fish and Wildlife Conservation Commission (FWC) would create or modify a Wildlife Management Area (WMA) to include the property. For more maps and regulations for hunting on the WMAs go to http://myfwc.com/RECREATION/Hunt_index.aspx .
It is a felony (5 years imprisonment, $5000 fine, or both) to shoot over or across someone else’s land without permission. Hunting is prohibited within state and federal park boundaries. Before hunting on lands other than the WMAs, please contact the city and county law enforcement agencies to find out if the possession and/or discharge of firearms is prohibited.
Bottom Line: You need permission, but in certain areas (city, county, town, part of the state) "the manager of the property" (could be an individual managing, a private owner, a company, the city, the county, the state, a bank, ect.) may allow public access. This doesn't mean you can just go hunt. YOU MUST KNOW THE LAW for the AREA and determine who "the manager" of the property is and if they allow public access. If you are caught without permission, the manager, can press felony trespassing charges.
I will look for the FL Trespassing Law and post it as well.
We all learned something today!
Mods should post this information as a Sticky some we don't have a member end up behind the grey bars....
FL Statutes Chapter 810
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0810/ch0810.htm
Interesting paper about this issue
https://www.law.duke.edu/journals/dlj/downloads/dlj54p549.pdf
C&p
Thanks Chuck
Here is the original article I wrote on the matter which may answer some of your questions.
Views from the Blind
by
Chuck Echenique
Posted Land, Sovereign Land and What it Means to Hunters
Recently, during a lengthy discussion with an acquaintance over good places to hunt on public land, the subjects of sovereign land and open property came up. In particular, we discussed a piece of land near Tampa that appeared to him to be open for access with no posting or fencing. Being familiar with the particular area in question, I advised him that setting foot on that property with anything more than camera or a walking stick would land him an overnight stay in the gray bar hotel with all expenses paid by the county magistrate.
But it got me to thinking... I know the law when it comes to posted land and sovereign land, but what about the rest of my fellow hunters?
I can hear it already. Can you? It's faint, but it's there. That's the sound of gasping and grumbling from those who already know the law and don't want me to share with the rest of you.
According to Florida's Department of Environmental Protection, Florida is comprised of approximately 37.5 million acres; 7.7 million of which is considered sovereign submerged land.
So what is sovereign land? 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) 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)
However, there are exceptions to every rule. For example, if the land on both sides of the waterway is completely within a state park, county park, preserve or animal sanctuary, then hunting is not allowed. If the land falls within the city limits of a municipality, then hunting is restricted to what is legal for that city.
A case in point is the land I was discussing with my friend. It is a beautiful and pristine piece of woods on the Hillsborough River near Temple Terrace, FL that has abundant big deer and terrific turkey numbers. Assuming the land were sovereign, due to the fact that it is located within the city limits of Tampa, the only weapon you could use would be archery equipment as the discharge of firearms within the city limits is prohibited by law. Now imagine that land were within the borders of Pinellas County. Since all of the county is a bird sanctuary, you could not take any of the turkeys, even with a bow.
Oh, how I wish that were the only limitation. But you see those parcels are actually located inside of both a county park and a state park, thereby making them off limits to hunting since they are closed to any type of consumptive use except fishing. There is other land that is not owned by county or state parks along the banks of the Hillsborough River, but they are within private property lines and not considered navigable in those areas.
Which brings us to the definition of posted land. I know many of us have come across fenced land in the woods with no signs anywhere. Some of us have come across unfenced land with and without posted signs. So what's the law? 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, orange groves, strawberry fields and other 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.
So where is all this sovereign land and how can you get into hunt it?
Well, there are millions of acres of land along Florida's thousands of navigable rivers and creeks. In order to find what is legally sovereign and what is closed, you'll have to do your homework researching county plat books and GIS systems.
The GIS (geographic information system) not only shows parcels but ownership information and provides details as to where the legal description for the property is located. In many cases, you can see the parcels in airial format and be able to see the defining features of the surrounding terrain. It's like scouting from your computer without getting your boots dirty covering ground.
By locating these areas on your computer, you can eliminate much of the time that used to be spent in the field identifying swamp edges, pinch points, oak hammocks, etc. Sure you still need to get out and find the “spot on the spot”, to use a grouper fisherman's term. But with today's hectic schedules and busy lifestyles, it nice knowing you can eliminate some of the work by using technology.
Once you've identified your little piece of sovereign land heaven, don't expect to just beach a boat and walk on in to hunt. There are many obstacles still in your way. Not only are most hunters ignorant of the law when it comes to sovereign land, so are many game wardens. Make sure you have researched your prospective hunting area completely and be prepared for interference from the law.
I'm sure many of you who hunt along the Kissimmee are aware of this problem. There are large areas of sovereign land along the Kissimmee River which are legal to hunt and access by boat. Yet every year, hunters are harassed by law enforcement officers in boats, helicopters, trucks and ATVs in an attempt to dissuade them from hunting legally in those areas. Bearing the worst of it are airboaters.
I've heard everything from having to operate your boat on “approved trails” to requiring a quota hunt permit as an excuse to harass the hunters on sovereign land. I myself have been buzzed by helicopters during turkey season and told to leave an area or I would be arrested. In those cases, you might as well pack up and go home since your hunt is usually ruined anyway. It's better to live to fight another day than to fight a losing battle you're not going to win.
In many cases citations are given, and most guys don't fight them. It's costly and they just don't know any better. Most hunters pay the fines and refrain from making the same mistakes again or just never go back. In reality, the citations being written are not valid and the levels of harassment are unbelievable. So law enforcement officers who are opposed to legal hunting (and there are more of those guys than you can imagine) continue to employ these tactics and deter more legal hunters from entering their patrol area.
Don't get me wrong, there are plenty of great LEOs out there doing a thankless job. Those are the guys I commend and I wish we had more of them. Unfortunately, the ones causing problems will stop at nothing to make your experience difficult at best. As far as they are concerned, if the citation gets thrown out, they'll simply write more tomorrow with no sanctions against their actions. For every one ticket that is fought and won, 20 more are paid. I'm not trying to make this into a rant on LEOs, but it does merit mention.
For those of you interested in putting in research time to find a little “honey hole” you can call your own without the cost of a lease or the competition of public land hunting, sovereign land may just be the ticket. Make sure you research your area fully, talk to local law enforcement and study the statutes at your local library or by going to http://www.leg.state.fl.us/statutes/ on your computer. A little legal research and investigation will go a long way. If nothing else, you'd be surprised at all the stuff you don't know about your state. As always, be safe, good luck and take a kid hunting next time you go.
Final Approach Field Staff
Rig'em Right Pro Staff
Shoot em in the lips, boys!
