State v. Nourse

J. ALLISON DeFOOR, II, County Judge.

Once again this Court is faced with a question concerning extraterritorial application of Florida Statutes in the context of marine resources. It is conceded by all parties that the acts leading to the arrest of the defendant in this cause arose outside the waters of the State of Florida. The State however claims a nexus with Florida based upon the defendant living and fishing from the State.

First, the Court finds that the basis for Defendant’s motion is jurisdictional and subject to being raised at any time. For reasons fully discussed in Florida v. Union…