In this Article, the author examines county court decisions and jury nullification regarding the 1994 amendment to the Florida Constitution known as the "net ban" in the Florida Panhandle. The Article considers the events leading to the 1994 amendment passed by citizen initiative petition that limits marine net fishing. The Article provides glimpses into the social, economic, and political elements of the fishing communities affected by the net ban. The article provides examples of suspect decisions issued by Panhandle county courts, and examines the factors possibly motivating these decisions. Application of a framework for analyzing judicial decisions demonstrates that the county court decisions can be characterized as activist. After applying theoretical models for contemplating whether judicial activism is legitimate, the author concludes that judicial activism in Panhandle county courts is not legitimate. The Article postulates that these decisions are better explained by social, economic, and political factors, rather than by law.
Stern, Marlene K.
"Judicial Activism in Enforcement of Florida's Net Ban,"
Florida State University Journal of Land Use and Environmental Law: Vol. 15
, Article 2.
Available at: https://ir.law.fsu.edu/jluel/vol15/iss1/2