Sec. 242-1. - Reserved.

Editor's note—

Laws of Florida, ch. 94-482, § 2, approved May 13, 1994, repealed § 242-1, which pertained to county road rights-of-way; discharge of firearms prohibited. See the Code Comparative Table.

Sec. 242-2. - Everglades Parkway; hunting and discharge of firearms prohibited; penalty.

(a)

It shall be unlawful for any person to hunt any wild animal or bird or to discharge or cause to be discharged any firearm on, from, across or within one-half mile on either side of the Everglades Parkway, commonly known as Alligator Alley, in Broward and Collier Counties.

(b)

This section shall not apply to any person hunting or discharging firearms on the homestead of such person situated within one-half mile of the parkway, nor to any law enforcement officer acting in the discharge of his duties.

(c)

This section shall not be construed as repealing any other acts pertaining to game preservation or the protection of game within the area defined in subsection (a) of this section, but shall be additional to and cumulative with such acts.

(d)

Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned not more than six months, or both.

(e)

The provisions of this section may be enforced by the duly authorized conservation agents of the game and freshwater fish commission under the powers granted them by F.S. § 372.07.

(f)

If any part of this section or its application to any person or circumstance shall be held invalid or unconstitutional such holding shall not affect any other part of the section or its application to any other person or circumstance.

(Laws of Fla. ch. 67-892, § 1)

The specific penalty provided for in the above section is unconstitutional and unenforceable as a special act may not prescribe punishment for crime. See Fla. Const. Art. III, § 11. However, as this section makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. §§ 775.08—775.083; Delmonico v. State, 155 So. 2d 368 (Fla. 1963); Lynch v. Durrance, 77 So. 2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, aff'd. 290 U.S. 602.

Cross reference— Animals, ch. 210; roads and bridges, ch. 254.

State law reference— Special laws and general laws of local application pertaining to hunting or fishing prohibited, Fla. Const. art. III, § 11(a)(19); discharging firearms in public, F.S. § 790.15; local regulation of firearms, F.S. § 790.33.