Lightsey Cattle Company v. Florida Fish and Wildlife Conservation Commission
Lightsey appealed an FWC final order conditioning its hunting preserve license on compliance with the agency's fencing rule. The Sixth DCA held it lacked jurisdiction over a direct appeal because FWC, when acting under its article IV, section 9 constitutional powers, is not an 'agency' under the APA and its orders are not 'final agency action' under section 120.68 of rules incorporating APA text cannot create general-law appellate jurisdiction. The court treated the notice of appeal as a common law certiorari petition and transferred it to the circuit court in Osceola County.
Key facts
- Lightsey Cattle Company appealed a Florida Fish and Wildlife Conservation Commission final order conditioning its hunting preserve license on compliance with the agency's fencing rule.
- The FWC adopted and enforced a fencing rule against Lightsey's preserve operations, and Lightsey sought direct appeal to the district court of appeal.
- +2 more key facts with a free trial
Why it matters
This opinion establishes a clear jurisdictional roadmap for challenging FWC action taken under its constitutional authority ot the DCA — review lies by common law certiorari in circuit court, with second-tier… — full analysis with a trial
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