FULFORD v. GRAHAM

No. AB-156.

418 So.2d 1204 (1982)

Thomas R. "Blue" FULFORD, et al., Appellants, v. D. Robert GRAHAM, Governor; George Firestone, Secretary of State; Jim Smith, Attorney General; Gerald A. Lewis, Comptroller; Bill Gunter, Treasurer; Doyle Conner, Commissioner of Agriculture; Ralph D. Turlington, Commissioner of Education, As and Constituting the State of Florida Board of Natural Resources; Elton Gissendanner and John J. Brown; Braden River Civic Association, Inc., et al., Appellees.

District Court of Appeal of Florida, First District.

September 1, 1982.


Attorney(s) appearing for the Case

Daniel S. Dearing of Dearing & Smith, Tallahassee, for appellants.

Jim Smith, Atty. Gen., and Bruce Barkett, Asst. Atty. Gen., for appellees.

Ernest S. Marshall, Bradenton, for Braden River Civic Ass'n, Inc., et al., intervenors — appellees and cross/appellants.

H. William Thompson, Port Charlotte, for Charlotte County, intervenor.

Robert M. Rhodes and James Hauser of Messer, Rhodes & Vickers, Tallahassee, for Southeastern Fisheries Ass'n, Inc., amicus curiae.


SHIVERS, Judge.

Appellants are commercial fishermen who either fish with nets in Florida's salt waters or who navigate through Florida's salt waters. In their suit they challenged the constitutionality of a number of special and local acts purporting to regulate salt water fishing on a county by county basis. Their suit also sought a declaration that section 370.08(1), Fla. Stat. (Supp. 1978), which makes it unlawful to possess a net in any county where its use is...

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