JOHN SCOTT, AS SHERIFF OF BAY COUNTY,
v.
W. P. WORTHINGTON
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The Florida Supreme Court held that fishing boat licenses issued under Chapter 17917, Acts of 1937, must be renewed annually rather than lasting for the life of the boat. The Court reversed the lower court's injunction preventing the Sheriff from collecting unpaid license taxes.
A license for a fishing boat must be renewed annually. Chapter 17917 must be read in connection with Section Three of Chapter 18011, Acts of 1937, and Section Fifteen of Chapter 6877, Acts of 1915, both of which limit licenses to one year.
“The question presented is whether or not a license for a fishing boat issued pursuant to Chapter 17917, Acts of 1937, runs for the life of tlie boat or must it be renewed annually”
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Join FLexlaw to unlock all legal intelligenceIn July 1937, W. P. Worthington obtained licenses for fishing boats under Chapter 17917, Acts of 1937. The licenses were not renewed, and in September…
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— In July, 1937, the Appellee W. P. Worthington secured licenses for your fishing boats as required by Chapter 17917, Acts of 1937. These licenses were not renewed so in September, 1938, the Supervisor of Conservation issued a warrant pursuant to Section 32, Chapter 18011, Acts of 1937, directed to the Sheriff of Bay County commanding him to levy on and sell any real or personal property of Worthington sufficient to pay the amount of license taxes due on said boats for the year 1938.
*709Worthington filed his bill of complaint in the Circuit Court seeking to enjoin the Sheriff from executing the warrant. A temporary restraining order was granted'and this appeal was prosecuted. The record has been lodged in this' court and application made for supersedeas. We are importuned to adjudicate the controversy in this application.
The question presented is whether or not a license for a fishing boat issued pursuant to Chapter 17917, Acts of 1937, runs for the life of tlie boat or must it be renewed annually
We think it must be renewed annually. Chapter 17917 merely imposes' the license with specification as to its life but Section Seven of the Act in terms requires that it be construed as supplementary to all general and special laws on the same subject and both Section Three of Chapter 18011, Acts of 1937, relating to occupation licenses and Section Fifteen of Chapter 6877, Acts of 1915 (Section 1838, Compiled General Laws of 1927) relating to the same subject matter, limit such licenses to one year. Chapter 17917 must be read in connection with these acts and when done, it follows that such licenses must be renewed annually.
It follows that the decree of the Chancellor must be and is hereby reversed.
Reversed.
Buford, and Thomas, J. J., concur.
Whitfield, P. J., concurs in the opinion and judgment.
Justices Brown and Chapman, not participating as authorized by Section 4687 Compiled General Laws of 1927 and Rule 21-A of the Rules of this Court.
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Coleman v. State ex rel. Sam Cass, 144 Fla. 488 (Fla. 1940)…he latter Act, it was left an open question as to whether the license ran for the life of the boat or should be renewed annually. This question was settled in a decision handed down by this Court in March of 1939 in the case of Scott v. Worthington, 136 Fla. 708, 187 So. 369, in which case, this Court, in plain language said: ‘‘We think it must be renewed annually. Chapter 17917 merely imposes the license without specification as to its life but Section 7 of the Act in terms requires that it be construed a…
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Scott v. Worthington, 145 Fla. 461 (Fla. 1941)…n the above named boats for the years 1937-1938 and 1938-1939. The boats were used by the plaintiff below in transporting fishing parties engaged in what is commonly known as sport fishing. This Court, in the case of Scott, Sheriff, v. Worthington, 136 Fla. 708, 187 So. 369, held that a license issued for sport fishing boats pursuant to Chapter 17917, Acts of T937, was limited to a period of one year and was required to be annually renewed and that the license did not run or exist during the entire life of…