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SAVE OUR BEACHES v. DEP

No. 1D05-4086.

27 So.3d 48 (2006)

SAVE OUR BEACHES, INC. and Stop the Beach Renourishment, Inc., Appellants, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, The Board of Trustees of the Internal Improvement Trust Fund, City of Destin, and Walton County, Appellees.

District Court of Appeal of Florida, First District.

Order Denying Rehearing and Rehearing En Banc and Granting Certification July 3, 2006.

Attorney(s) appearing for the Case

Richard S. Brightman and D. Kent Safriet of Hopping Green & Sams, P.A., Tallahassee, for Appellants.

Gregory M. Munson, General Counsel, and Charles T. "Chip" Collette and Mark S. Miller, Senior Assistant General Counsels, Florida Department of Environmental Protection, Tallahassee; Kenneth J. Plante, Kelly B. Plante and Tana D. Storey of Roetzel & Andress, L.P.A., Tallahassee, for Appellees.

POLSTON, J.

Appellants challenge a July 27, 2005 final order entered by appellee Florida Department of Environmental Protection, determining that a Joint Coastal Permit and Authorization to Use Sovereign Submerged Lands, that allows the renourishment of 6.9 miles of beaches and dunes within the City of Destin and Walton County, was properly issued. Appellants argue that the final order unconstitutionally applies Part I of Chapter 161, Florida Statutes (2005), referred...

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