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STATE v. TREWORGY

No. 3D03-626.

849 So.2d 406 (2003)

The STATE of Florida, Petitioner, v. Thomas TREWORGY, Richard Kresge, Gail Meadows and Jeffrey Davis, Respondents.

District Court of Appeal of Florida, Third District.

July 2, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Barbara A. Zappi, Assistant Attorney General, for petitioner.

Horan, Horan & Wallace and Edward W. Horan, Key West, for respondents.

Before SCHWARTZ, C.J., and GODERICH, J., and NESBITT, Senior Judge.

SCHWARTZ, Chief Judge.

The respondents were defendants in the Monroe county court who were charged with harvesting and possessing "short" spiny lobsters—"undersized crawfish tails"—in violation of Florida Administrative Code 68B-24.0003(1). On this application for certiorari, the state challenges the circuit court affirmance1 of a county court order which dismissed the action on the ground that the provision was unconstitutional...

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