Stanley Forman Reed

“ It has not been construed to state a fixed principle that a regulation can never be a 'law' for purposes of criminal prosecutions. It may of may not be, depending on the structure of the particular statute.'
See also Caha v. United States, 152 U.S. 211, 219, 14 S.Ct. 513, 515, 38 L.Ed. 415. Here, it is beyond question that the Florida Legislature, in Fla.Stat., § 372.83, F.S.A., intended to and did make infraction of any commission regulation a violation of state law, punishable as a misdemeanor. ”

“ The State of Florida prefers to entrust the regulation of its wild life conservation program to a Game Commission. Such a preference is in accordance with the practice of 28 States that have vested full regulatory authority in commissions. Only 6 States reserve that full authority to their legislatures. ”

“ Commission promulgation of orders is regulated by § 372.021 of 14 Fla.Stat.Ann., a legislative enactment. It provides that no regulation or amendment to a regulation is effective until 30 days after the filing of a certified copy of such provisions with the secretary of state. The statute also directs that any change in the type of regulation involved here is to be filed in the office of each county judge and that changes must be published in each county in a newspaper of general circulation. ”