DARBIE v. STATE

No. 97-832.

711 So.2d 1280 (1998)

John DARBIE, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

May 20, 1998.


Attorney(s) appearing for the Case

Greenman & Manz and Franklin D. Greenman, Marathon, for petitioner.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ.


LEVY, Judge.

In November of 1995, John Darbie was charged in Monroe County Court with violating Section 370.092 (1995), Florida Statutes and Article X, Section 16(b)(2) of the Florida Constitution. Those provisions limit certain types of marine net fishing, specifically forbidding the use of a seine net in excess of 500 square feet at a location "in nearshore or inshore Florida waters." While not disputing that he used a seine net in excess of 500 square feet, Darbie...

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