STATE v. DAVIS

No. 75128.

556 So.2d 1104 (1990)

STATE of Florida, Appellant, v. David DAVIS, Appellee.

Supreme Court of Florida.

February 15, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and David G. Guest and Jonathan A. Glogau, Asst. Attys. Gen., Tallahassee, and Parker D. Thomson, Sp. Asst. Atty. Gen., of Thomson, Muraro, Bohrer & Razook, Miami, for appellant.

J. Patrick Floyd of the Law Offices of J. Patrick Floyd, P.A., Port St. Joe, for appellee.

James C. Adkins, Leonard A. Carson, John D.C. Newton, II and Lu Ann Snider of Carson & Linn, P.A., Tallahassee, amicus curiae for Concerned Shrimpers of America, Inc.

Winston K. Borkowski of Owens & Storch, Daytona Beach, amicus curiae for Greenpeace-U.S.A. and The Environmental Defense Fund.

David Gluckman of Gluckman and Gluckman, Tallahassee, amicus curiae for The Center for Marine Conservation, Florida League of Anglers, Florida Audubon Soc., National Wildlife Federation and Florida Wildlife Federation.


BARKETT, Justice.

We have for review an order of the County Court in and for Franklin County, Florida, which certified to the First District Court of Appeal the following question of great public importance:

Does the Florida Marine Fisheries Commission have the statutory authority to promulgate rules requiring the use of turtle excluder devices in shrimp nets in order to protect endangered and threatened Florida sea turtles?[1

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