CAPITOL PROTEST SET OVER DUE PROCESS
Circuit Court – Appeals Court – Florida Supreme Court – DUE PROCESS DENIED IN ALL THREE.
Art 4, Sec 9 Florida Constitution states:
Florida Fish and Wildlife Conservattion Commissison:
“The commission shall exercise the regulatory and executive powers of the state with respect to wild animal life and freshwater aquatic life and shall also exercise regulatory and executive powers of the state with respect to marine life.” “The commission shall establish procedures to ensure ADEQUATE DUE PROCESS in the exercise of its regulatory and executive functions.”
Current FLA administrative code 68-1.008 states:
Due process procedures as to rules promulgated under the F.W.C.’s constitutional authority, there are adequate judicial remedies to adjudicate such rules and provide due process of law.
The Florida legislators and the governor made a huge mistake in 1999, and we have paid a tremendous price for 24 years. NO DUE PROCESS!
November 1998 – Florida voters created the Florida Fish and Wildlife Commission.
July 1999 – Legislature Chapter 99-245 “An act relating to the Fish and Wildlife Conservation Commission”. They added one entry in FS 370.025 (4). “Pursuant to S9, Art IV of the State Constitution, the commission has full constitutional rule making authority.”
July 1999 – Article 12 Sec 23 – “ The Jurisdiction of the marine fisheries commission (MFC) transferred to the commission. Shall not be expanded except as provided by general law. Note—When 370.025 (4) was authorized, Art12 Sec23 was not in effect. The legislature did not have the authority to expand the F.W.C.’s authority!
2005- HJR1581 House Joint Resolution the Legislature had discovered overreach in 370.025 (4) and began attempting to correct their mistake by placing them back on the ballot – “elimination of constitutional authority of Fish and Wildlife Conservation Commission, regulation pursuant to law”. HJR1581 did not receive enough support and failed.
2005 – FWC/FWRI/Fishermen conducted a joint scientific fishing net study and found that the two-inch mesh rule had a 98% bycatch rate (waste), to 2% marketable fish. The F.W.C. claimed that the environment can overcome the 98% bycatch!
Since 2005, the FWC have refused to change the rule that their own tests proved is unnecessarily killing and wasting 98% of net caught fish!... All under an amendment whose “sole purpose,” aka “Single Subject,” was to prevent exactly what the FWC rule continues to cause. -
2006 – A case filed in Leon County before Circuit Court Judge Janet Farris found the FWC’s constitutional authority prevents the courts, Legislation, Governor and citizens from questioning their wisdom, which means NO DUE PROCESS!
January 2007 – The 1st D.C.A. upheld Judge Farris’ order. 1st DCA Chief Judge Edwin Browning Jr. dissented, saying this was a denial of due process and went further stating that, “This court is preparing a fertile field for the growth of imperious agencies, with all the mischief it entails.”
July 2007 – CSHB 7173 The Florida Legislation removed the wronfully worded FS 370.025(4) and required the FWC to publish its due process procedures verbatim rather than by reference. In addition to recognizing the lack of due process in the passed bill, the legislature added several suggestions how the FWC could go about creating it. The Legsilature’s advice was completely ignored, as well as the Legislative mandate to publish their CONSTITUTIONAL DUE PROCESS VERBATIAM!
2007 the FWC marine statutes were under MFC statutes chapter 370.
2008 – the FWC statutes were published in chapter FS 379. FS 379.2401 replaced FS 370.025, this time without the “full constitutional rulemaking authority” that was wrongfully given in 1999.
The ballot summary or Constitution Revision Commission minutes did not tell the voters that an imperious commission was being created. If this is the case, the voters were tricked and lied to.
We charge that in 1999, the Governor and legislature made a mistake in creating FS 370.025(4), causing citizens to lose their due process.
We will be at the Capitol on Wednesday, March 22, asking the Governor and Legislature help us regain constitutional due process.
Please join us at the Capitol on March 22.
Ronald F. Crum
Fishing for Freedom Inc.
P.O. Box 91, Panacea FL 32346
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), SEEKING DUE PROCESS FROM FWC (Published February 23, 2023) and SEEKING DUE PROCESS AT FWC (Published April 13, 2023)