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Florida Statute 285.09 - Full Text and Legal Analysis
Florida Statute 285.09 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XIX
PUBLIC BUSINESS
Chapter 285
INDIAN RESERVATIONS AND AFFAIRS
View Entire Chapter
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.

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Amendments to 285.09


Annotations, Discussions, Cases:

Cases Citing Statute 285.09

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State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986).

Cited 6 times | Published | Florida 2nd District Court of Appeal

...ADDITIONAL ASPECTS TO BE CONSIDERED A. Possible Conflict Between Statutes In addition to the rights that are enjoyed by the Seminoles by virtue of their dealings with the Federal Government, the State of Florida has granted additional rights in the Big Cypress area. Section 285.09(1), Florida Statutes (1983), provides that members of the Miccosukee and Seminole tribes may "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 ......
...its "usual and customary use and occupancy of the lands and waters within the Big Cypress Area, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials." (Emphasis added.) Billie also suggests that sections 285.09(1) and 380.055(8), Florida Statutes (1983), are exceptions exempting him from the purview of section 372.671. We disagree and conclude that no conflict exists between section 372.671 under which Billie was prosecuted and sections 285.09(1) and 380.055(8). It is a general rule of statutory construction that a more specific statute covering a particular subject is controlling over one covering the same subject in general terms. Kiesel v. Graham, 388 So.2d 594 (Fla. 1st DCA 1980). Sections 285.09(1) and 380.055(8) are regulatory in nature and generally provide that Indians may hunt for wild game on the reservation for food....
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

which for convenience are set forth herein. Section 285.09, F. S., provides: It shall be lawful for

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