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New Governing Board Member Takes Office

On February 26, 2008, Albert G. Joerger took his oath of office to begin his term on the District's Governing Board. Joerger was appointed by Governor Crist to fill the newly-created at-large seat for Charlotte and Sarasota Counties. Joerger, a Sarasota resident, is the founder and president of the Sarasota Conservation Foundation, which works with landowners and local governments to protect and preserve Sarasota County's bays, beaches and barrier islands for future generations. Joerger also assumes responsibility as chair ex officio of the District's Manasota Basin Board. Joerger's term ends March 1, 2011.

Governing Board Approves Weeki Wachee Agreement

On February 26, 2008, the District's Governing Board voted unanimously to approve an agreement that will further pave the way for Weeki Wachee Springs to become a state park. The vote ends four years of litigation between the District, Weeki Wachee Springs, LLC and the City of Weeki Wachee regarding the lease of the District-owned property upon which the attraction sits. The agreement calls for Weeki Wachee Springs to become a state park by November 1, 2008; however, if it fails to become a state park by that date, the litigation will resume. The District's primary goals have always been to protect the significant water resource that is Weeki Wachee Springs, and to ensure that those operating the facility are protecting the safety of the visitors and employees at the attraction.

Cedar Hames and Nora H. Scholin v. Florida Department of Environmental Protection and Southwest Florida Water Management District, 12th Judicial Circuit, Manatee County Case No. 2007-CA-001649; and Southwest Florida Water Management District v. Cedar Hames and Nora H. Scholin, Second District Court of Appeal Case No. 2D08-631

On May 3, 2005, Cedar Hames and Nora H. Scholin (Applicants) submitted an application to the District requesting issuance of an environmental resource permit for the purpose of building single family residences on eight lots consisting almost entirely of sovereign submerged lands in Manatee County. On July 31, 2006, the District denied the permit application due to lack of completeness. In March 2007, approximately 8 months after denial of their only development proposal, the Applicants filed an inverse condemnation action in circuit court. Competing motions for summary judgment were filed. The Applicants argued that they can avoid the 90-day filing deadline for invoking circuit court jurisdiction prescribed by Section 373.617, F.S., which controls takings claims brought in circuit court following permit denial, because the statute only applies to a circuit court's review of whether a permit denial was "unreasonable" -- meaning that if a plaintiff does not dispute the reasonableness of the denial, such a plaintiff is not required to bring a taking claim within the 90-day time parameters required by the statute. The District disagreed, arguing that the Applicants' claim was untimely and as such the circuit court could not entertain their claim. The circuit court granted the Applicants' motion and denied the District's motion. In response to the adverse trial court ruling, on February 12, 2008, the District filed a petition for writ of prohibition with the Second District Court of Appeal. The District argued that a writ of prohibition is warranted to prohibit the circuit court from exercising jurisdiction over the Applicants' taking claim, and to quash the circuit court's summary judgment order. On February 19, 2008, the Court issued an Order to Show Cause as to why the District's petition for writ of prohibition should not be treated as a petition for certiorari and dismissed as untimely. On February 22, 2008, the District filed its response to the Order to Show Cause. Having shown good cause, on February 27, 2008, the Court issued an order requiring the Applicants to respond to the District's petition for writ of prohibition within 20 days. This case is of heightened interest due to the extreme and far-reaching ramifications to the District and other public permitting agencies if the circuit court's ruling is upheld.

Tampa Bay Nitrogen Management Consortium

On February 26, 2008 the District's Governing Board approved the Declaration of Cooperation of the Tampa Bay Nitrogen Management Consortium (Declaration) and the Tampa Bay Nitrogen Management Strategy, 2007 Update to the Reasonable Assurance Document (Update). The Declaration renews the District's commitment to participating in the Tampa Bay Nitrogen Management Consortium and identifying and implementing projects to reduce nitrogen loads in Tampa Bay. The purposes of the Update are (1) to provide an update on the implementation of the Tampa Bay Nitrogen Management Strategy, (2) to provide adequate documentation to the Florida Department of Environmental Protection (FDEP) to allow them to find that reasonable progress has been made in meeting the goals set for Tampa Bay, and (3) to request an extension of the determination by FDEP that the Tampa Bay Nitrogen Management Strategy will continue to provide reasonable assurance that the nutrient impairment in Tampa Bay will be adequately addressed in order to meet designated uses. The Governing Board approved the Declaration and Update as being in the interests of all stakeholders to continue this successful approach which has resulted in remarkable progress towards Tampa Bay's recovery.

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April 2008

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