Hill v. State

238 So. 2d 608
Supreme Court of Florida·Decided July 1, 1970·No. 39143·Published·Cited by 16 cases

Opinion

238 So.2d 608 (1970)

Reo U. HILL, Appellant,
v.
STATE of Florida, Appellee.

No. 39143.

Supreme Court of Florida.

July 1, 1970.
Rehearing Denied September 14, 1970.

*609 J. Edward Worton, Key West, and Kenneth L. Ryskamp, of Bolles, Goodwin, Ryskamp & Ware, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Roger W. Foote, Asst. Atty. Gen., for appellee.

DREW, Justice.

Appellant, defendant below, was tried in the Criminal Court of Record for Monroe County and found guilty of landing shrimp without a permit in violation of Section 370.151(6), Florida Statutes 1967, F.S.A.[1] At the outset of the trial the court denied defendant's motion to suppress evidence in the form of the shrimp cargo taken without a permit. The motion was made on the basis that the requirements of the Florida Board of Conservation prior to issuance of a shrimp-landing permit, wherein the applicant for a permit gives blanket permission to conservation officers to board his vessel at any time with or without cause, violate the provisions of Article I, Section 12 of the Florida Constitution — 1968 Revision, F.S.A.[2] and the Fourth *610 Amendment to the United States Constitution prohibiting unreasonable searches and seizures. Defendant argued at the trial and before this Court that he refused to submit an application to the State Board of Conservation for a shrimping permit because by making application he would waive his right to insist upon a search warrant or a search of his vessel based upon probable cause as guaranteed by the Florida and federal constitutions. The statement appearing on the application form for such a permit to which appellant objects reads as follows:

"In compliance with Chapter 65-343, as passed by the Florida Legislature, I agree to permit any agent of the Florida State Board of Conservation to board my vessel at any time. I also understand that failure to keep the permit on board the vessel at all times shall be cause for revocation of this permit, as shall any other infraction of Chapter 65-343. * * *"

The issue before us, then, is whether the applicant for a shrimping permit gives up a constitutional right to protection against unreasonable searches and seizures of his vessel by appearance of the above-quoted statement upon the application. We have jurisdiction because the trial court has construed controlling provisions of both the Florida and federal constitutions.[3]

Defendant refused to execute the application form for a shrimping permit because he objected to the provision which purports to allow any agent of the Florida State Board of Conservation to board his vessel at any time. His position is that not only is the application provision unconstitutional, but that it goes beyond all statutory authority given to the Director of the Board of Conservation to require an applicant to furnish "such information as may be deemed pertinent to the best interests of salt water conservation."[4]

We conclude that the permission to board appearing on the application blank is within the regulatory power of the Director of Conservation and does not require an applicant for a shrimping permit to give up his rights under the Florida and federal constitutions to protection against unreasonable searches and seizures.

This Court established long ago that protection and regulation of shrimping and fishing within the state's waters is a *611 valid exercise of a sovereign's police powers.[5] The duty to develop and conserve natural salt water resources such as shrimp and fish has been delegated to the Board of Conservation by Chapter 370 of the Florida Statutes, F.S.A. The Legislature has recognized that the supply of shrimp should be conserved and that the shrimp industry is valuable to the economy of Florida and deserves protection.[6] Shrimping is a gainful activity which may be subjected to certain reasonable limitations and conditions without violating any constitutional rights of those subject to the regulations.

The applicant for a shrimping permit by the express language of the provision objectionable to defendant agrees to permit a conservation agent to board his vessel at any time, as opposed to agreeing to a search of the vessel and seizure of any illegally obtained cargo. At oral argument the state's position was clarified: permission to board is required solely to allow agents to determine whether the required permit is being carried on the vessel. According to the State, the application statement was intended to put the applicant on notice of his obligation to keep the permit aboard the vessel at all times, and of the fact that under Section 370.021(5) the director or any conservation officer possesses the authority to board, inspect and search any boat without obtaining a search warrant. This authority to search and inspect without a warrant is limited by the statute to instances where the director or officer has probable cause to believe that a conservation rule or law is being violated.[7]

The construction urged by the state is a reasonable one and one which we accept pursuant to this Court's obligation to uphold the constitutionality of a legislative enactment or administrative rule pursuant thereto if the same is capable of an interpretation that does not violate constitutional guarantees. Permission for conservation officers to board a vessel at any time for the limited purpose of ascertaining whether the necessary permit is being carried is not an unreasonable burden to impose upon the shrimping business. The permission to board must stop there, however. Any search or inspection of the boat without a search warrant must be accomplished within the framework of probable cause described in Section 370.021(5) set forth in footnote 7, supra. What situations might constitute probable cause for a further inspection or search under that statute will *612 depend upon the circumstances in each individual case.[8]

The right to board a vessel at any time for the purpose of ascertaining the presence of a shrimping license is closely akin to the provisions in our motor vehicle laws requiring the operator of a motor vehicle to obtain a drivers license, to possess that license at all times while operating the vehicle, and to display it upon demand of any officer of the law.[9] We have upheld the right of a municipality to set up a road block for the purpose of checking drivers' licenses in the case of City of Miami v. Aronovitz,[10] wherein we stated:

"In Thornhill v. Kirkman, Fla. 1953, 62 So.2d 740, we aligned this Court with those which hold that acquisition of a driver's license is a reasonable requirement and that the privilege granted by it remains subject to suspension or revocation for cause. The owner of such a license exercises the privilege granted by it subject to reasonable regulations in the use of the highways common to all citizens. These requirements do not disregard the constitutional guaranties upon which the instant appellee relies. We are committed to the view that so long as the regulations themselves are reasonable and are reasonably executed in the interest of the public good, the courts should not interfere. Thornhill v. Kirkman, supra; Smith v. City of Gainesville, Fla. 1957, 93 So.2d 105."

We emphasize that we are not here passing upon the validity of a search of a vessel which has been i

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