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GARDNER v. JOHNSON

No. 82-995.

429 So.2d 1341 (1983)

James A. GARDNER, As State Attorney, Thomas Burton, As Sheriff of Manatee County, Florida and Jim Smith, As Attorney General of the State of Florida, Appellants, v. Richard JOHNSON, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellants.

David B. McEwen of McEwen & Gordon, Tampa, for appellee.

RYDER, Judge.

This is an appeal from the holding by the trial court that section 877.16, Florida Statutes (1979), is unconstitutionally vague and, therefore, void.1 We agree and affirm.

Section 877.16, Florida Statutes (1979), states:

Exhibition of deformed animals prohibited; penalty — Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed, or disfigured beast, bird, or animal...

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