Jones v. Chiles

No. 85,932 (Fla. Sup. Ct. filed July 4, 1995) ; Clearinghouse Number: 46609

Description

Prospective Lessors of State-Owned Submerged Land Challenge County’s Refusal to Approve Leases

Abstract

Petitioners have filed their brief on appeal to the Florida Supreme Court in this action challenging respondent county’s refusal to approve leases of submerged land. Petitioners were participants in a Job Training Partnership Act program created to retrain and employ displaced and unemployed oyster workers. The program certified petitioners to engage in aquaculture farming. After successfully completing it, petitioners applied for one-acre leases of submerged land in Apalachicola Bay. Respondent county objected to each of the lease applications, thereby thwarting petitioners’ efforts to obtain leases. On judicial review, the trial court granted respondent’s motion for summary judgment, and petitioners appealed. Affirming, the appellate court held that the state law giving counties veto power over solely state-owned property is constitutional. The court found that (1) the submerged lands in question were in the county; (2) noncharter counties such as respondent county had broad legislative powers under state law; and (3) counties were free to exercise legislative powers that the legislature had delegated to them. On appeal to the supreme court, petitioners argue that unlawful delegation of legislative authority prohibits a legislative grant of unfettered power to noncharter counties to deny access to the state’s natural resources, notwithstanding constitutional and statutory home-rule provisions.

Additional Information

Attorney Information
Kristine Knab, John Hedrich, Legal Services of North Florida, 2119 Delta Way, Tallahassee, FL 32303, (904) 385-9007.
Docket Date
1995-07-04 00:00:00+00:00