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STATE v. HODGES

No. BM-326.

506 So.2d 437 (1987)

STATE of Florida: Bob Graham, As Governor of the State of Florida; Jim Smith, As Attorney General of the State of Florida; Doyle Connor, As the Commissioner of Agriculture of the State of Florida; George Firestone, As Secretary of State of the State of Florida; Gerald A. Lewis, As Comptroller of the State of Florida; Bill Gunter, As Treasurer of the State of Florida; Ralph D. Turlington, As Commissioner of Education of the State of Florida; Elton J. Gissendanner, As Executive Director of the Florida Department of Natural Resources; and T. Edward Austin, As State Attorney of the Fourth Judicial Circuit of Florida, Appellants, v. Lester L. HODGES, Jr., Individually; and Larry B. Gilmore, Sr., Individually and As President of the St. Johns River Chapter of Organized Fisherman of Florida, Inc., and Louis O. Thomas, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 27, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellants.

Jefferson W. Morrow and Raymond A. David, Jr., Jacksonville, for appellees.

JOANOS, Judge.

This is an appeal from a final order in which the trial court held that one of the provisions of the state's regulatory scheme governing the Florida East Coast Shrimp Bed is unconstitutional in its application to Nassau County. The state seeks our review of the trial court's order with respect to the constitutionality of section 370.153(4)(b), Florida Statutes (1983). Appellees, who are licensed shrimp producers, have challenged the overall constitutionality...

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