Florida Game & Fresh Water Fish Commission v. Blancett

JOANOS, Judge.

The Florida Game and Fresh Water Fish Commission (Commission) appeals an order denying forfeiture under the Florida wildlife statutes. The questions raised in this appeal are: (1) whether forfeiture is mandatory under the provisions of section 372.-*2459901, Florida Statutes (1985), and (2) whether the decision to grant or deny forfeiture is discretionary when a conviction has been obtained under section 372.99, Florida Statutes (1985). We reverse.

On February 27, 1986, appellee George Stet Blancett was tried before a jury and found guilty of taking a deer out of season. The…