Tingley v. Brown

The state Department of Natural Resources appeals a trial court order declaring unconstitutional portions of chapter 370, Florida Statutes (1977). This Court has jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution.

During the summer of 1978, Florida Marine Patrol officers arrested appellees Brown and McMullen, commercial fishermen, for possession of undersized crawfish in violation of section 370.14, Florida Statutes. Appellees sought declaratory relief in circuit court, challenging the constitutionality of sections 370.14(2)(a)1, 370.14(3)(c), 370.14(3)(i), and…