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KENNY v. KIRK

No. 36552.

212 So.2d 296 (1968)

L.S. KENNY and Pinellas Seafood, Inc., a Florida Corporation, Appellants, v. Claude R. KIRK, Jr., Governor of the State of Florida; Tom Adams, Secretary of State of the State of Florida; Earl Faircloth, Attorney General of the State of Florida; Bud Dickinson, Comptroller of the State of Florida; Broward Williams, Treasurer of the State of Florida; Floyd Christian, Supervisor of Public Instruction of the State of Florida; Doyle Conner, Commissioner of Agriculture of the State of Florida, As and Constituting the State Board of Conservation of the State of Florida; and Randolph Hodges, As Director of the Board of Conservation of the State of Florida, Appellees.

Supreme Court of Florida.

July 2, 1968.

Attorney(s) appearing for the Case

Joseph C. Jacobs and Burnis T. Coleman of Ervin, Pennington, Varn & Jacobs, Tallahassee, for appellants.

Earl Faircloth, Atty. Gen., Robert A. Chastain, Asst. Atty. Gen., and Philip S. Bennett, Tallahassee, for appellees.

ADAMS, Justice.

Appellants filed a bill for a declaratory decree under Chapter 87, Florida Statutes, F.S.A., asking the Court to hold Sections 370.14(4) and (5) unconstitutional.

An answer was filed, testimony was taken and the Court denied the relief asked and held the Statutes valid.

Appellants have appealed from that decree and the first question presented to us for decision is whether the enforcement of the Statute in question is a violation of...

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