Document Detail | KL3M Data Gallery

Core Metadata

identifier	s3://com-courtlistener-storage/pdf/2024/01/19/wilde_cypress_branch_boggy_branch_crosby_island_marsh_lake_hart_lake.pdf
source	RECAP
blake2b	c8406af0f966c441f814606afa38e063ee1e1421344e77cfa74e4b8cdf9532489ccb5280d5d5a5985f67dc8aeeaa54db34a4f88a874e249f14dcfc7ea5aa004a
id	2024/01/19/wilde_cypress_branch_boggy_branch_crosby_island_marsh_lake_hart_lake.pdf
format	application/pdf
size	147910
dataset_id	recap_docs
meta_url	/document/view?identifier=recap_docs/2024/01/19/wilde_cypress_branch_boggy_branch_crosby_island_marsh_lake_hart_lake.pdf.json
download_url	/document/download?identifier=recap_docs/2024/01/19/wilde_cypress_branch_boggy_branch_crosby_island_marsh_lake_hart_lake.pdf.json

Would you train on this document?

Document Viewer

text/plain

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D23-1412

Lower Tribunal No. 2021-CA-004420-O

_____________________________

WILDE CYPRESS BRANCH, BOGGY BRANCH, CROSBY ISLAND MARSH, LAKE HART,

LAKE MARY JANE, AND ALL OTHER AFFECTED ORANGE COUNTY WATERS; and

CHARLES O’NEAL, as President of SPEAK UP WEKIVA, INC. ON BEHALF OF THE

WATERS OF ORANGE COUNTY,

Appellants,

EMILE D. “SHAWN” HAMILTON, in his Official Capacity as Secretary of the

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, and

BEACHLINE SOUTH RESIDENTIAL, LLC,

Appellees.

_____________________________

Appeal from the Circuit Court for Orange County.

Paetra T. Brownlee, Judge.

January 19, 2024

WOZNIAK, J.

Appellants, Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh,

Lake Hart, Lake Mary Jane, and All Other Affected Orange County Waters (“Waters

of Orange County”); and Charles O’Neal, as President of Speak Up Wekiva, Inc. on

behalf of Waters of Orange County, appeal the final order of dismissal rendered on
2

the motion of Appellees, Beachline South Residential, LLC and Shawn Hamilton,

in his official capacity as Secretary of the Florida Department of Environmental

Protection.2

Appellants make several arguments for reversal of the trial court’s

order. We find no merit in the issues raised and affirm, but write to address

Appellants’ contention that the trial court erred as a matter of law in finding that

section 403.412(9)(a), Florida Statutes (2020), is constitutional and preempts

Orange County Charter section 704.1.

Because section 403.412(9)(a), Florida Statutes, precludes a “local

government regulation, ordinance, code, rule, comprehensive plan, charter, or any

other provision of law” from “recogniz[ing] or grant[ing] any legal rights to a plant,

an animal, a body of water, or any other part of the natural environment that is not a

person or political subdivision,” the Charter provision’s purported recognition of a

right held by water bodies within Orange County “to exist, Flow, to be protected

against Pollution and to maintain a healthy ecosystem,”3 was correctly held to be in

conflict with the statute and preempted thereby. See Fla. Power Corp. v. Seminole

Cnty., 579 So. 2d 105, 107 (Fla. 1991) (“While the authority given to cities and

1 Emile D. “Shawn” Hamilton succeeded Noah Valenstein as Secretary of the

Florida Department of Environmental Protection during the course of this litigation.

Accordingly, we substitute Secretary Hamilton for Secretary Valenstein. See Fla.

R. Civ. P. 1.260(d).

2 This case was transferred from the Fifth District Court of Appeal to this

Court on January 1, 2023. 3 Art. VII, § 704.1(A)(1), Orange County, Fla., Charter (2020).
3

counties in Florida is broad, both the constitution and statutes recognize that cities

and counties have no authority to act in areas that the legislature has preempted.”

(citations omitted)); Metro. Dade Cnty. v. Chase Fed. Hous. Corp., 737 So. 2d 494,

504 (Fla. 1999) (“If political subdivisions were able to continue actions to enforce

ordinances that conflict with general law, the political subdivisions would have the

power to frustrate the ability of the Legislature to set policies for the state.” (citation

omitted)). Without a cause of action under the Charter provision sued upon,

Appellants’ suit fails. Accordingly, we affirm.

AFFIRMED.

STARGEL and SMITH, JJ., concur.

Roy D. Wasson, of Wasson & Associates, Chartered, Miami, and Steven M. Meyers,

of Meyers & Stanley, Maitland, for Appellants.

Judith M. Mercier and Jamie Billotte Moses, of Holland & Knight, LLP, Orlando,

Lawrence E. Sellers, Jr., of Holland & Knight, LLP, Tallahassee, and Daniel

Mahfood, of Holland & Knight LLP, Jacksonville, for Appellee, Beachline South

Residential, LLC.

Justin G. Wolfe, General Counsel, and Jeffrey Brown, Complex Litigation Counsel,

of the Department of Environmental Protection, and Nicholas J. P. Meros, Deputy

General Counsel, of the Executive Office of The Governor, for Appellee, Emile D.

“Shawn” Hamilton, Secretary of the Florida Department of Environmental

Protection.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

text/markdown

## S IXTH

## D ISTRICT

## C OURT OF

## A PPEAL

## S TATE OF

## F LORIDA

_____________________________ Case No. 6D2 3

- 1412 Lower Tribunal No. 2021

- CA

- 004420

- O

_____________________________ W ILDE C YPRESS B RANCH , B OGGY B RANCH , C ROSBY I SLAND M ARSH , L AKE H ART ,

L AKE M ARY J ANE , AND A LL O THER A FFECTED O RANGE C OUNTY W ATERS ; and C HARLES O’N EAL , as President of S PEAK U P W EKIVA , I NC

. ON BEHALF OF THE W ATERS OF O RANGE C OUNTY , Appellants ,

v. E MILE D. “ S HAWN ” H AMILTON , in his Official Capacity as Secretary of the F LORIDA D EPARTMENT OF E NVIRONMENTAL P ROTECTION , and B EACHLINE S OUTH R ESIDENTIAL , LLC , Appellees

_____________________________ Appeal from the Circuit Court for Orange County

. Paetra T. Brownlee, Judge. January 19, 2024 WOZNIAK, J. Appellants, Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, Lake Hart, Lake Mary Jane, and All Other Affected Orange County Waters (“Waters of Orange County”) ; and Charles O’Neal, as P resident of Speak Up Wekiva, Inc. on behalf of Waters of Orange County, appeal the final order of dismissal rendered on2 the motion of Appellees , Beachline South Residential, LLC and Shawn Hamilton , 1 in his official capacity as Secretary of the Florida Department of Environmental
Protection. 2 Appellants make several arguments for reversal of the trial court’s
order . We find no merit in the issues raised and affirm , but write to address Appellants’ contention that the trial court erred as a matter of law in finding that section 403.412(9)(a), Florida Statutes (2020), is constitutional and preempts Orange County Charter section 704.1.
Because section 403.412(9)(a) , Florida Statutes, precludes a “ local government regulation, ordinance , code, rule, comprehensive plan, charter, or any other provision of law” from “recogniz[ing] or grant[ing] any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision,” the Charter provision’s purported recognition of a right held by water bodie s within Orange County “ to exist, Flow, to be protected against Pollution and to maintain a healthy ecosystem , ” 3 was correctly held to be in conflict with the statute and preempted thereby. See Fla. Power Corp. v. Seminole Cnty. , 579 So. 2d 105, 107 (Fla. 1991) (“While the authority given to cities and

1 Emile D. “ Shawn ” Hamilton succeeded Noah Valenstein as Secretary of the Florida Department of Environmental Protection during the course of this litigation. Accordingly, we substitute Secretary Hamilton for Secretary Valenstein

. See Fla. R. Civ. P. 1.260(d). 2 This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023

. 3 Art. VII, § 704.1(A)(1), Orange C ounty , F la. , Charter (2020)

.3 counties in Florida is broad, both the constitution and statute s recognize that cities and counties have no authority to act in areas that the legislature has preempted.” (citations omitted) ); Metro. Dade Cnty. v. Chase Fed. Hous. Corp. , 737 So. 2d 494, 504 (Fla. 1999) (“If political subdivisions were able to continue actions to enforce ordinances that conflict with general law, the political subdivisions would have the power to frustrate the ability of the Legislature to set policies for the state.” (citation omitted) ). Without a cause of action under the Charter pro vision sued upon, Appellants’ suit fails. Accordingly, we affirm.
AFFIRMED.
STARGEL and SMITH , JJ., concur.

Roy D. Wasson, of Wasson & Associates, Chartered, Miami, and Steven M. Meyers, of Meyers & Stanley, Maitland, for Appellant s
. Judith M. Mercier and Jamie Billotte Moses, of Holland & Knight, LLP, Orlando, Lawrence E. Sellers, Jr., of Holland & Knight, LLP, Tallahassee, and Daniel Mahfood, of Holland & Knight LLP, Jacksonville, for Appellee , Beachline South Residential, LLC

. Justin G. Wolfe, Gene ral Counsel, and Jeffrey Brown, Complex Litigation Counsel, of the Department of Environmental Protection, and Nicholas J. P. Meros, Deputy General Counsel, of the Executive Office of The Governor, for Appellee, Emile D. “Shawn” Hamilton, Secretary of the Florida Department of Environmental Protection

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED