Chapter 242 - Offenses Miscellaneous Provisions (Special Acts) Chapter 242
OFFENSES AND MISCELLANEOUS PROVISIONS*
Sec. 242-1. Reserved.
Sec. 242-2. Everglades Parkway; hunting and discharge of firearms prohib-
ited; penalty.
*Cross reference—Weapons or hunting in Collier County Scenic Drive Park, §246-52.
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OFFENSES AND MISCELLANEOUS PROVISIONS § 242-2
Sec. 242-1. Reserved. valid or unconstitutional such holding shall not
Editor's note—Laws of Florida,ch. 94-482, § 2,approved affect any other part of the section or its applica-
May 13, 1994, repealed § 242-1, which pertained to county tion to any other person or circumstance.
road rights-of-way; discharge of firearms prohibited. See the (Laws of Fla. ch. 67-892, § 1)
Code Comparative Table. Editor's note—The specific penalty provided for in the
above section is unconstitutional and unenforceable as a spe-
cial act may not prescribe punishment for crime.See Fla.Const.
Art. III, § 11. However, as this section makes a violation a
Sec. 242-2. Everglades Parkway; hunting misdemeanor,such violation is punishable as a misdemeanor
and discharge of firearms prohib- 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.
ited; penalty. 2d 489(Fla. 1955);Jannett v.Windham, 109 Fla. 129, 147 So.
296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, afj'd. 290
U.S. 602.
(a) It shall be unlawful for any person to hunt Cross references—Animals, ch. 210; roads and bridges,
any wild animal or bird or to discharge or cause to ch. 254.
be discharged any firearm on,from,across or with- State law references—Special laws and general laws of
local application pertaining to hunting or fishing prohibited,
in one-half mile on either side of the Everglades Fla.Const.art.III,§11(a)(19);discharging firearms in public,
Parkway, commonly known as Alligator Alley, in F.S. § 790.15; local regulation of firearms,F.S. §790.33.
Broward and Collier Counties.
(b) This section shall not apply to any person
hunting or discharging firearms on the home-
stead 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 re-
pealing any other acts pertaining to game preser-
vation 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 misde-
meanor 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 en-
forced by the duly authorized conservation agents
of the game and freshwater fish commission un-
der 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 in-
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Chapters 243-245
RESERVED
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