The Florida Supreme Cort Monday ruled in favor of beach restoration projects that includes placing sandy of privately owned beachfront property. The case centered around sevem miles of beachfrom at the Walton-Okaloosa County line.
The Secretary of the Florida Department of Environmental Protection, Michael Sole, issued a statement moments after the Supereme Court ruling was handed down saying he was pleased.
“We are pleased with today’s opinion from the Florida Supreme Court which upholds the constitutionality of the Beach and Shore Preservation Act. The court’s opinion reflects that the Beach and Shore Preservation Act implements the State’s constitutional duty to protect Florida’s beaches, and achieves a reasonable balance between public and private interests in the shore.”
1995: The City of Destin’s and Walton County’s Gulf of Mexico beaches were identified by the Florida Department of Environmental Protection (DEP) as critically eroded. The City and County then initiated a beach restoration project covering 6.9 miles, which includes extensive studies and project construction design.
JULY 30, 2003: The City and County applied for a Joint Coastal Permit and Authorization to Use Sovereign Submerged Lands.
JULY 15, 2004: DEP issued a Notice of Intent to Issue the permit.
JANUARY 28, 2004 and FEBRUARY 3, 2004: Two groups, Save Our Beaches, Inc. and Stop the Beach Renourishment, Inc., filed petitions for a formal administrative hearing challenging issuance of the permit. Stop the Beach Renourishment also filed a petition challenging the Erosion Control Line established by the Board of Trustees of the Internal Improvement Trust Fund, in conjunction with the proposed beach restoration project. The erosion control line established the line between state-owned land below mean high water and privately-owned land above mean high water.
SEPTEMBER 27, 2004: The two cases were consolidated for administrative hearing.
JUNE 7, 2005: The administrative hearing addressed whether the City of Destin and Walton County gave reasonable assurances that applicable water quality standards will not be violated.
JUNE 30, 2005: The Administrative Law Judge’s recommended order found that Destin and Walton County gave reasonable assurances that the applicable water quality standard will not be violated, and recommended that DEP issue the permit.
JULY 27, 2005: DEP signed a Final Order issuing the permit and accompanying authorization. The petitioners appealed.
APRIL 28, 2006: The First District Court of Appeals issued an opinion disagreeing with the Department’s decision, stating that the permit and erosion control line were invalid and that a taking of riparian rights had occurred. The First District Court of Appeal denied DEP's Motion for Rehearing, but certified a question of great public importance to the Florida Supreme Court. The Department requested that the Florida Supreme Court grant discretionary review of the First District Court of Appeal's decision, based on the certified question and conflict with another Florida Supreme Court decision.
APRIL 14, 2007: The Florida Supreme Court accepted discretionary review of the district court’s decision, and the case was fully briefed, with oral argument held on April 14, 2007.
SEPTEMBER 29, 2008: The Florida Supreme Court issued an Opinion holding that the Beach and Shore Preservation Act achieves a reasonable balance between public and private interests. Further, the Act, on its face, does not unconstitutionally deprive upland owners of property rights without just compensation when the state is restoring beaches under the Act.
The Sand Lobby wins again whose surprised. Enjoy it while u can guys cause the $$ is running out faster then the sand at this pt.