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FLA. FISH AND WILDLIFE CONSERVATION COMMISSION v. CARIBBEAN CONSERVATION CORP., INC.

Nos. 1D00-1389, 1D00-1804.

789 So.2d 1053 (2001)

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Appellant, v. CARIBBEAN CONSERVATION CORPORATION, INC., et al., Appellees. State of Florida, ex rel., Robert A. Butterworth, Attorney General, Appellant, v. Caribbean Conservation Corporation, Inc., et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 27, 2001.

Attorney(s) appearing for the Case

James V. Antista, General Counsel, and Sharman M. Herrin, Assistant General Counsel, Fish & Wildlife Conservation Commission, Tallahassee, Attorneys for Appellant Fish & Wildlife Conservation Commission.

Thomas E. Warner, Solicitor General, and T. Kent Wetherell, II, Deputy Solicitor General, Office of the Solicitor General, Tallahassee, Attorneys for Appellant State of Florida, ex rel., Robert A. Butterworth, Attorney General.

Gary P. Sams, Dan R. Stengle, and Gary v. Perko of Hopping, Green, Sams & Smith, P.A., Tallahassee, Attorneys for Amicus Curiae Marine Industries Association of Florida, Inc.

S. Ansley Samson and David G. Guest of Earthjustice Legal Defense Fund, Tallahassee, Attorneys for Appellees Caribbean Conservation Corporation, Inc., et al.

PER CURIAM.

This is an appeal of a Final Summary Declaratory Judgment in which the trial court found portions of Chapter 99-245, Laws of Florida, to be unconstitutional. At issue is whether regulatory authority over endangered marine life arises under Article IV, section 9, and Article XII, section 23, of the Florida Constitution,1 or whether such authority was conferred under Chapter 99-245, Laws of Florida.2

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