Editor, The Sun:
In my previous letters, I wrote about the 24 straight years of the complete lack of “adequate due process” for those whose lives depend on the marine resource. In the minutes of the Constitutional Revision Committee, there is an important point that was made during the creation of the Florida Fish and Wildlife Conservation Commission (FWC).
From the minutes: COMMISSIONER THOMPSON; “So we couldn’t hear, our successors in 20 years, and members of the Legislature and others wouldn’t hear that they didn’t have the opportunity to be heard, and more importantly, that they didn’t have the right to challenge on a scientific basis what was being done about the resource that their livelihoods depend upon. At the same time, we wanted to be sure that those that make those decisions did that on the basis of scientific research and data and that they didn’t just make arbitrary and capricious types of decisions.”
As shown in previous letters, the above feared scenario is exactly what happened, despite the Constitution, Statutes, Codes and Framer’s intent to prevent it.
Secondly, Current Florida Administrative code 68-1.008 states - Due Process Procedures : As to rules promulgated under the FWC’s constitutional authority, there are adequate judicial remedies to adjudicate such rules and provide due process of law.
If the above statement is correct, the courts, including the Florida Supreme Court, have a lot of explaining to do as to why the FWC has been allowed to get away proclaiming that no one is allowed to question their “wisdom” at every judicial step for the last 20+ years when their contested rules are completely arbitrary, capricious and lack any scientific basis what-so-ever. Additionally, why did the Florida Supreme Court refuse to interpret FWC jurisdiction as stated in Art 12. Sect 23? In our case to the Supreme Court late last year, two 1st DCA judges stated that it was vitally important for the Supreme Court to do so. The case was simply “denied.”
Hopefully, the Governor and/or Legislature will intervene before we take this and so much more proof that there is a complete lack of due process under the FWC to Federal Court.
David Grix Boynton Beach
This is a follow up letter to a series of letters about FWC. Use the folowing links to navigate to the other letters. SEEKING ANSWERS ON FWC (Published January 12, 2023), MORE QUESTIONS ABOUT FWC (Published January 19, 2023), NO DUE PROCESS UNDER FWC (Published January 26, 2023), MORE ON FWC DUE-PROCESS ISSUE (Published February 2, 2023), CAPITOL PROTEST SET OVER DUE PROCESS (Published March 16, 2023) and SEEKING DUE PROCESS AT FWC (Published April 13, 2023)