Case Notes: Oral intro
Posted on Wednesday, July 13th, 2022 at 12:07 pmIn 2007 the defendants knew or should have known that what they were doing to us violated Article IV, Section 9, and Article VIII, Section 1(j), of Florida’s Constitution. We say "they knew or should have known" because the language of those two provisions of the state constitution is perfectly clear.
Article IV, Section 9, says County government has no authority to regulate wild animal life.
And Article VIII, Section 1(j), says County government has no authority to decide how it will prosecute code violations.
We say that in 2007 "they knew of should have known" what they were doing to us violated Article IV, Section 9, because Florida’s Attorney General told them so five years earlier in Attorney General Opinion 2002-23. And the Florida Fish and Wildlife Conservation Commission told them the same thing in its 2007 Memorandum of Law.
We say that in 2007 "they knew of should have known" what they were doing to us violated Article VIII, Section 1(j), because that provision very clearly and simply states: "Persons violating county ordinances shall be prosecuted and punished as provided by law."