RONALD FRED CRUM
v.
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION F/K/A MARINE FISHERIES COMMISSION AND GAME AND FRESH WATER FISH COMMISSION, AND ERIC SUTTON
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The Florida Fish and Wildlife Conservation Commission possesses exclusive constitutional authority to adopt reasonable rules regulating marine life and wildlife, and the trial court properly dismissed challenges to this rulemaking authority.
[1] The Florida Fish and Wildlife Conservation Commission is vested by the state constitution with exclusive legislative authority to adopt reasonable rules regulating marine…
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Join FLexlaw to unlock all legal intelligence“the commission 'is vested with the exclusive legislative authority to adopt reasonable rules to regulate marine life in this state, and the legislature is constitutionally prohibited from adopting statutes in conflict with such rules'”
Citation to Wakulla Com. Fishermen's Ass'n, Inc. v. Florida Fish and Wildlife Conservation Comm'n, 951 So. 2d 8, 9 (Fla. 1st DCA 2007)
Ronald Fred Crum filed third and fourth amended complaints challenging the rulemaking authority of the Florida Fish and Wildlife Conservation Commissi…
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PER CURIAM.
Finding no error in the trial court’s orders dismissing Appellant’s third and fourth amended complaints challenging the rulemaking authority of the Florida Fish and Wildlife Conservation Commission, we affirm. See Art. IV, § 9, Fla. Const. (providing that the commission “shall exercise the regulatory and executive powers of the state with respect to wild animal life and fresh water aquatic life, and shall also exercise regulatory and executive powers of the state with respect to marine life, except
that all license fees for taking wild animal life, fresh water aquatic life, and marine life and penalties for violating regulations of the commission shall be prescribed by general law”); see also Wakulla Com. Fishermen’s Ass’n, Inc. v. Florida Fish and Wildlife Conservation Comm’n, 951 So. 2d 8, 9 (Fla. 1st DCA 2007) (explaining that the commission “is vested with the exclusive legislative authority to adopt reasonable rules to regulate marine life in this state, and the legislature is constitutionally prohibited from adopting statutes in conflict with such rules”).
AFFIRMED.
ROWE, C.J., and OSTERHAUS and WINOKUR, JJ., concur. _____________________________
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- Wakulla Commercial Fishermen's Ass'n, Inc. v. Fla. Fish & Wildlife Conservation Comm'n, 951 So. 2d 8 (Fla. 1st DCA 2007)