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M. Jackson Dorney City Attorney Miramar

QUESTION:

Does the permit procedure by the Game and Fresh Water Fish Commission as provided by s. 372.922, F. S., preclude a municipality from regulating or prohibiting the possession of wildlife within the municipal boundaries?

SUMMARY:

Section 9, Art. IV, State Const., vests in the Game and Fresh Water Fish Commission the exclusive authority to exercise all of the state's regulatory power over all wild animal life (except for penalties and license fees); therefore, a municipality is precluded from regulating or prohibiting the possession of wild animal…