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ST. JOHNS RIVER WATER MANAGEMENT v. KOONTZ

No. SC09-713.

77 So.3d 1220 (2012)

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Petitioner, v. Coy A. KOONTZ, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied January 4, 2012.

Attorney(s) appearing for the Case

William H. Congdon and Kathryn L. Mennella , Palatka, FL, for Petitioner.

Christopher V. Carlyle and Shannon McLin Carlyle and The Carlyle Appellate Law Firm, The Villages, FL, and Michael D. Jones of Michael D. Jones and Associates, P.A., Winter Springs, FL, for Respondent.

Harry Morrison, Jr. and Kraig A. Conn , Tallahassee, FL, Virginia Saunders Delegal , on behalf of Florida Association of Counties, Inc. and Florida League of Cities, Inc.; Pamela Jo Bondi , Attorney General, Scott D. Makar , Solicitor General, and Courtney Brewer , Deputy Solicitor General, Tallahassee, FL, on behalf of the Attorney General, Thomas M. Beason , General Counsel and Meredith C. Fields , Assistant General Counsel, Tallahassee, FL, on behalf of Florida Department of Environmental Protection, Kevin X. Crowley of Pennington Moore , Wilkinson, Bell and Dunbar, P.A., Tallahassee, FL, on behalf of the Northwest Florida Water Management District, William S. Bilenky General Counsel, and Joseph J. Ward , Assistant General Counsel, Brooksville, FL, on behalf of the South Florida Water Management District, and the Southwest Florida Water Management District; E. Thom Rumberger and Noah D. Valenstein of Rumberger, Kirk and Caldwell, Tallahassee, FL, on behalf of National Audubon Society; David L. Powell , Gary K. Hunter, Jr. , and Mohammad O. Jazil of Hopping Green and Sams, Tallahassee, FL, on behalf of Association of Florida Community Developers, Inc.; Amy Brigham Boulris and John W. Little, III of Brigham Moore, LLP, Coral Gables, on behalf of Florida Home Builders and National Association of Homebuilders, Keith C. Hetrick , General Counsel, Tallahassee, FL, on behalf of Florida Homebuilders Association; and Steven Geoffrey Gieseler and Nicholas M. Gieseler , Stuart, FL, on behalf of Pacific Legal Foundation, As Amici Curiae.

LEWIS, J.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in St. Johns River Water Management District v. Koontz, 5 So.3d 8 (Fla. 5th DCA 2009) (Koontz IV). In its decision, the Fifth District construed provisions of the state and federal constitutions. The district court also certified a question to be of great public importance, which we have rephrased as follows:

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