Connect with us

Headlines

Lawmakers want judge tossed off environmental funding suit

Saying he violated their constitutional rights “in multiple ways, and over repeated objections,” House Speaker Richard Corcoran and Senate President Joe Negron asked a Tallahassee judge to remove himself from future proceedings in an environmental funding case.

The legislative leaders filed their disqualification request with Circuit Judge Charles Dodson earlier this week.

On June 28, Dodson had granted a “final (summary) judgment for (the) plaintiffs” in a lawsuit over how lawmakers fund environmental conservation. Summary judgments allow parties to win a case without a trial.

A notice of appeal has not yet been filed, according to court dockets. But attorneys sometimes move for disqualification to avoid having the same judge if a suit on appeal gets kicked back down to the lower-court judge for further action.

The case, first filed in 2015, was over the Water and Land Legacy Amendment, also known as Amendment 1. The 2014 constitutional change, mandating state spending for land and water conservation, garnered a landslide of nearly 75 percent, or more than 4.2 million “yes” votes.

Amendment 1 requires state officials to set aside 33 percent of the money from the real estate “documentary stamp” tax to protect Florida’s environmentally sensitive areas for 20 years.

Advocates — including the Florida Wildlife Federation and Sierra Club — sued, saying lawmakers wrongly appropriated money for, among other things, “salaries and ordinary expenses of state agencies” tasked with executing the amendment’s mandate.

Dodson agreed, declaring a laundry list of 2015 and 2016 appropriations unconstitutional.

“The clear intent was to create a trust fund to purchase new conservation lands and take care of them,” he wrote. “The conservation lands the state already owned were to be taken care of, certainly, but from non-trust money.”

But Andy Bardos, the GrayRobinson lawyer representing Corcoran and Negron, said in his filing the plaintiffs never asked for a final judgment, “but only for partial summary judgment as to nine of 114 appropriations challenged in (the) complaint—or eight percent of its case.”

ad - gt

That violated lawmakers’ right to due process, Bardos said, which has now “eliminated the Legislative Parties’ confidence in the fairness and impartiality of this proceeding.”

In response, David Guest – one of the plaintiffs’ lawyers – said “the alleged bias is based entirely on Judge Dodson’s rejection of their legal arguments, all of which were squarely presented at various points in the proceedings.

“That a judge finds a party’s legal argument unpersuasive cannot be the basis of a motion to recuse the judge – only the basis for an appeal,” he added.

This sets a very low bar for what counsel for the Legislature considers to be acceptable conduct. Expect more of this kind of play before this case is over.”

As of June 21, the Senate spent $229,172 in total “litigation expenses” defending the suit, Senate spokeswoman Katie Betta said. Similar information was not immediately available from the House.

A spokeswoman for Secretary of State Ken Detzner, also a defendant named in his official capacity, said his department “did not obtain outside counsel on this case.”

The full filing, with exhibits, is below:

Written By

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at jim@floridapolitics.com.

Nikki Fried may soon target stores selling CBD oil

Headlines

Facepalm Facepalm

Alimony reform group hits new low with derogatory Facebook post

Emails & Opinions

Lenny Curry defends using uniformed cops in political ads

Jax

On butt lifts and “Dr. Miami”

Emails & Opinions

Sign up for Sunburn

Receive our team's agenda-setting morning read of what's hot in Florida politics. Delivered straight to your inbox Monday through Friday.

Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. This platform and all of its content are owned by Extensive Enterprises Media.

Publisher: Peter Schorsch

Contributors & reporters: Phil Ammann, Jim Rosica, A.G. Gancarski, Joe Henderson, Janelle Irwin, Dan McAuliffe, Michael Moline, Jacob Ogles, Scott Powers, Bob Sparks, Andrew Wilson.
Email: Peter@FloridaPolitics.com
Phone: (727) 642-3162
Address: 204 37th Avenue North #182
St. Petersburg, Florida 33704

Connect
Sign up for Sunburn

Receive our team's agenda-setting morning read of what's hot in Florida politics. Delivered straight to your inbox Monday through Friday.