SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

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Case No. 6D23-1412

Lower Tribunal No. 2021-CA-004420-O

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WILDE CYPRESS BRANCH, BOGGY BRANCH, CROSBY ISLAND MARSH, LAKE HART,

LAKE MARY JANE, AND ALL OTHER AFFECTED ORANGE COUNTY WATERS; and

CHARLES O’NEAL, as President of SPEAK UP WEKIVA, INC. ON BEHALF OF THE 

WATERS OF ORANGE COUNTY,

Appellants, 

v.

EMILE D. “SHAWN” HAMILTON, in his Official Capacity as Secretary of the

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, and

BEACHLINE SOUTH RESIDENTIAL, LLC,

Appellees.

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Appeal from the Circuit Court for Orange County.

Paetra T. Brownlee, Judge.

January 19, 2024

WOZNIAK, J.

Appellants, Wilde Cypress Branch, Boggy Branch, Crosby Island Marsh, 

Lake Hart, Lake Mary Jane, and All Other Affected Orange County Waters (“Waters 

of Orange County”); and Charles O’Neal, as President of Speak Up Wekiva, Inc. on 

behalf of Waters of Orange County, appeal the final order of dismissal rendered on 
2

the motion of Appellees, Beachline South Residential, LLC and Shawn Hamilton,

1

in his official capacity as Secretary of the Florida Department of Environmental 

Protection.2

 Appellants make several arguments for reversal of the trial court’s 

order. We find no merit in the issues raised and affirm, but write to address

Appellants’ contention that the trial court erred as a matter of law in finding that 

section 403.412(9)(a), Florida Statutes (2020), is constitutional and preempts 

Orange County Charter section 704.1. 

Because section 403.412(9)(a), Florida Statutes, precludes a “local 

government regulation, ordinance, code, rule, comprehensive plan, charter, or any 

other provision of law” from “recogniz[ing] or grant[ing] any legal rights to a plant, 

an animal, a body of water, or any other part of the natural environment that is not a 

person or political subdivision,” the Charter provision’s purported recognition of a 

right held by water bodies within Orange County “to exist, Flow, to be protected 

against Pollution and to maintain a healthy ecosystem,”3 was correctly held to be in 

conflict with the statute and preempted thereby. See Fla. Power Corp. v. Seminole 

Cnty., 579 So. 2d 105, 107 (Fla. 1991) (“While the authority given to cities and 

1 Emile D. “Shawn” Hamilton succeeded Noah Valenstein as Secretary of the 

Florida Department of Environmental Protection during the course of this litigation. 

Accordingly, we substitute Secretary Hamilton for Secretary Valenstein. See Fla. 

R. Civ. P. 1.260(d).

2 This case was transferred from the Fifth District Court of Appeal to this 

Court on January 1, 2023. 3 Art. VII, § 704.1(A)(1), Orange County, Fla., Charter (2020).
3

counties in Florida is broad, both the constitution and statutes recognize that cities 

and counties have no authority to act in areas that the legislature has preempted.”

(citations omitted)); Metro. Dade Cnty. v. Chase Fed. Hous. Corp., 737 So. 2d 494, 

504 (Fla. 1999) (“If political subdivisions were able to continue actions to enforce 

ordinances that conflict with general law, the political subdivisions would have the 

power to frustrate the ability of the Legislature to set policies for the state.” (citation 

omitted)). Without a cause of action under the Charter provision sued upon, 

Appellants’ suit fails. Accordingly, we affirm.

AFFIRMED.

STARGEL and SMITH, JJ., concur.

Roy D. Wasson, of Wasson & Associates, Chartered, Miami, and Steven M. Meyers, 

of Meyers & Stanley, Maitland, for Appellants.

Judith M. Mercier and Jamie Billotte Moses, of Holland & Knight, LLP, Orlando, 

Lawrence E. Sellers, Jr., of Holland & Knight, LLP, Tallahassee, and Daniel 

Mahfood, of Holland & Knight LLP, Jacksonville, for Appellee, Beachline South 

Residential, LLC.

Justin G. Wolfe, General Counsel, and Jeffrey Brown, Complex Litigation Counsel, 

of the Department of Environmental Protection, and Nicholas J. P. Meros, Deputy 

General Counsel, of the Executive Office of The Governor, for Appellee, Emile D. 

“Shawn” Hamilton, Secretary of the Florida Department of Environmental 

Protection.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING 

AND DISPOSITION THEREOF IF TIMELY FILED