CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 879284
...These are consolidated appeals from final orders of the Northwest Florida Water Management District ("District") determining that Appellants cannot administratively challenge the District's 2008 Region III Regional Water Supply Plan ("Plan") pursuant to section 373.709(5), Florida Statutes. We reverse the orders insofar as they determine, as a general proposition, that the Plan is not subject to challenge under chapter 120, Florida Statutes. The District's ruling directly contravenes the plain language of section 373.709(5) permitting such a challenge if the plan, in part or in whole, affects a party's substantial interests....
...However, concluding that the Plan has no legal effect on Appellants' ability to challenge a consumptive water use permit granted to Bay County, we affirm the District's determination that Appellants lack standing to challenge the Plan. Statutory Framework Section 373.709, Florida Statutes, [1] calls for the state's water management districts to develop regional water supply plans for areas in which it is determined that "existing sources of water are not adequate to supply water for all existing and future reasonable-beneficial uses." § 373.709(1), Fla....
...ional water supply entities, self-suppliers, and others may choose for water supply development. In addition to projects listed by the district, such users may propose specific projects for inclusion in the list of alternative water supply projects. § 373.709(2)(a)2., Fla....
...Approval of a plan by a water management district governing board is "not [ ] subject to the rulemaking requirements of chapter 120. However, any portion of an approved regional water supply plan which affects the substantial interests of a party shall be subject to s.
120.569." §
373.709(5), Fla....
...oard must consider seven additional criteria. See §
373.223(3)(a)-(g), Fla. Stat. (2010). A regional water supply plan "may not be *1129 used in the review of permits . . . unless the plan or an applicable portion thereof has been adopted by rule." §
373.709(7), Fla....
...addressed in a permit challenge proceeding. Analysis [2] We conclude first that the District incorrectly determined it lacked jurisdiction over Appellants' petitions because the Plan is not subject to administrative challenge. The plain language of section 373.709(5), Florida Statutes (2010), states, "any portion of an approved regional water supply plan which affects the substantial interests of a party shall be subject to s....
...dopt a rule or issue an order.") (emphasis added). The District has no authority to conclude otherwise, [3] and thus we reverse its decision on jurisdiction. However, the District properly dismissed Appellants' petitions for lack of standing. Again, section 373.709(5) provides an avenue for administrative challenge if any part of a regional water supply plan affects a party's substantial interests....
...Rather, the Plan refers generally to a project for "inland ground water source development and water supply source protection." This project and others contained in the Plan are simply options certain entities may choose to undertake by proposing and developing a specific project to fulfill the Plan's objectives. See § 373.709(2)(a)2., Fla....
...1st DCA 2006) ("Whether a party has standing to bring an action is a question of law that is to be reviewed de novo."). [3] We note from the record that the District provided no point of entry for a party to initiate an administrative challenge to the Plan. Inasmuch as section 373.709(5) permits such challenge, we direct the District's attention to Capeletti Brothers v....
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CopyPublished | Florida 1st District Court of Appeal | 2014 WL 1665835, 2014 Fla. App. LEXIS 6138
...oint of agency precedent.” §
373.114(l)(a), Fla. Stat. Activity Authorized As this Court has explained, a water supply plan — like the one at issue here— does not approve anything, it simply lists options from which an entity can then choose. §
373.709(7), Fla....
...ure actions are consistent with the provisions and purposes of this chapter without modifying the order.” §
373.114(1)(c), Fla. Stat. But a water management district is not required to undergo formal, chapter 120 rulemaking to approve a plan. See §
373.709(5), Fla....
...ellant the remedy it sought: “the relief permitted under section
373.114(l)(c) is completely foreign to the statutory construct.” The Secretary and Appellee argue that because rulemaking was optional under the more recent and specific provision (
373.709(5)), the general provision (373.114(l)(c)) must give way. In short, the Commission could not direct *769 the district to initiate rulemaking regarding a plan, because the more specific section,
373.709(5), excluded plans from “orders” and held plans to a “no rulemaking” requirement....
...Adoptions, Inc. v. J.A.,
963 So.2d 189, 198-99 (Fla.2007). Here, the two provisions can be interpreted plainly to give them both their full effect. While districts are not required to undergo formal rulemaking in the approval of a water supply plan, section
373.709(5) does not exempt rulemaking in all aspects of water supply plans — simply approval. See §
373.709(5), Fla....
...Thus, it is necessary to address whether the order raises significant issues of policy. We find it does. While plans provide options, and would not substantially affect an interest or be an “activity authorized,” a plan contains goals and objectives. See § 373.709, Fla....
