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Crum v. Fla. Fish & Wildlife Conservation Comm'n

Florida Court of Appeals, First District
Mar 2, 2022
No. 1D21-367 (Fla. Dist. Ct. App. Mar. 2, 2022)

Opinion

1D21-367

03-02-2022

Ronald Fred Crum, Appellant, v. Florida Fish and Wildlife Conservation Commission f/k/a Marine Fisheries Commission and Game and Fresh Water Fish Commission, and Eric Sutton, Appellees.

Ronald A. Mowrey of Mowrey Law Firm, P.A., Tallahassee; and Marie A. Mattox of Marie A. Mattox, P.A., Tallahassee, for Appellant. Ashley Moody, Attorney General, and Karen A. Brodeen, Senior Assistant General, Tallahassee, for Appellee Florida Fish and Wildlife Commission. No appearance for Appellee Eric Sutton.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Leon County. Kevin J. Carroll, Judge.

Ronald A. Mowrey of Mowrey Law Firm, P.A., Tallahassee; and Marie A. Mattox of Marie A. Mattox, P.A., Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Karen A. Brodeen, Senior Assistant General, Tallahassee, for Appellee Florida Fish and Wildlife Commission.

No appearance for Appellee Eric Sutton.

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.


Summaries of

Crum v. Fla. Fish & Wildlife Conservation Comm'n

Florida Court of Appeals, First District
Mar 2, 2022
No. 1D21-367 (Fla. Dist. Ct. App. Mar. 2, 2022)
Case details for

Crum v. Fla. Fish & Wildlife Conservation Comm'n

Case Details

Full title:Ronald Fred Crum, Appellant, v. Florida Fish and Wildlife Conservation…

Court:Florida Court of Appeals, First District

Date published: Mar 2, 2022

Citations

No. 1D21-367 (Fla. Dist. Ct. App. Mar. 2, 2022)