Delaney Reynolds v. the State of Florida; Ron DeSantis, in His Official Capacity as Governor of the State of Florida; Public Service Commission; Department of Environmental Protection
CourtDistrict Court of Appeal of Florida
Date FiledMay 18, 2021
Docket1D20-2036
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-2036
_____________________________
DELANEY REYNOLDS, et al.,
Appellants,
v.
THE STATE OF FLORIDA; RON
DESANTIS, in his official capacity
as Governor of the State of
Florida; PUBLIC SERVICE
COMMISSION; DEPARTMENT OF
ENVIRONMENTAL PROTECTION;
NOAH VALENSTEIN, in his official
capacity as Secretary of the
Florida Department of
Protection; THE BOARD OF
TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND;
NIKKI FRIED, in her official
capacity as Commission of
Agriculture; and FLORIDA
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES,
Appellees.
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On appeal from the Circuit Court for Leon County.
Kevin J. Carroll, Judge.
May 18, 2021
PER CURIAM.
AFFIRMED. See Citizens for Strong Schs., Inc. v. Fla. State Bd.
of Educ., 262 So. 3d 127, 143 (Fla. 2019) (affirming judgment
rejecting lawsuit as raising nonjusticiable political questions).
BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Guy M. Burns of Johnson, Pope, Bokor, Ruppel & Burns, LLP,
Tampa; Fred Wallace Pope of Johnson, Pope, Bokor, Ruppel &
Burns, LLP, Clearwater; Erin L. Deady of Erin L. Deady, P.A.,
Delray Beach; Mitchell A. Chester of the Law Office of Mitchell A.
Chester, P.A., Plantation; Debra Swim of Debra Swim, PLLC,
Tallahassee; Jane M. West of Jane West Law, P.L., St. Augustine;
Matthew D. Schultz of Levin, Papantonio, Thomas, Mitchell,
Rafferty & Proctor, P.A., Pensacola; and Andrea K. Rodgers of Our
Childrenโs Trust, Seattle, WA, pro hac vice, for Appellants.
Ashley Moody, Attorney General, Amit Agarwal, Solicitor General,
James H. Percival, Chief Deputy Solicitor General, Kevin A.
Golembiewski, Deputy Solicitor General, and Karen A. Brodeen,
Senior Assistant Attorney General, Tallahassee, for Appellees
State of Florida, Ron DeSantis, in his official capacity as Governor,
and the Public Service Commission. Joe Jacquot, General Counsel,
John MacIver, James W. Uthmeier, and Nicholas A. Primrose,
Deputy General Counsel, Executive Office of the Governor,
Tallahassee, for Appellee Governor Ron DeSantis. Justin G. Wolfe,
General Counsel, Jeffrey Brown, Assistant General Counsel, and
Kelley Corbari, Assistant General Counsel, Tallahassee, for
Appellees Department of Environmental Protection; Noah
Valenstein, in his official capacity as Secretary of the Florida
Department of Protection; The Board of Trustees of the Internal
Improvement Trust Fund. Steven Hall, General Counsel,
2
Magdalena Ozarowski, Deputy General Counsel, and Genevieve
Hall, Senior Attorney, for Appellees Nikki Fried, in her official
capacity as Commission of Agriculture and the Department of
Agriculture and Consumer Services.
3