Title: Petition For Permanent Injunction For A Writ Of Mandamus
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 Material Information
Title: Petition For Permanent Injunction For A Writ Of Mandamus
Alternate Title: Petition For Permanent Injunction For A Writ Of Mandamus And A Preliminary Mandatory Injunction
Physical Description: 9p.
Language: English
Publication Date: July 27, 1984
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 9
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051925
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text









IN THE CIRCUIT COURT OF
THE FIFTH JUDICIAL CIRCUIT
IN AND FOR HERNANDO
COUNTY, FLORIDA

The County Commission of Hardee O o j -795 733 C -O
County, The County Commission of
DeSoto County, The County )v So h
Commission of Hernando County, The
Northwest Hillsborough Basin Board,
Florida Citrus Mutual, William R.
McMullen, Gail Parsons, Stanton L.
Reese, Patricia R. Pieper, John B.
Sargeant, Charles O. Kuharske,
Allen K. Stone, Jean Perchalski,
Charles E. Booth, Charles H.
Martin, James Lloyd Ryals, Berryman
T. Longino and Derrill McAteer,

Plaintiffs

v.

Gary W. Kuhl, as Executive Director
of the Southwest Florida Water
Management District, and the
Governing Board of the Southwest
Florida Water Management District,


Defendants




PETITION FOR PERMANENT INJUNCTION FOR A WRIT OF
MANDAMUS AND A PRELIMINARY MANDATORY INJUNCTION

I.

1. The Northwest Hillsborough Basin Board is a public

entity created pursuant to Chapter 61-691, Laws of Florida

and pursuant to Section 373.0693, Florida Statutes. Members

of this Basin Board are appointed by the Governor, State of

Florida and confirmed by the Florida Senate.






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2. The County Commissions of Hardee, Desoto, and Hernando

Counties are elected public officials representing the

interests of their particular counties, and of the

taxpayer-citizens located therein. Said counties are located

within and are a part of the geographic boundaries of

Southwest Florida Water Management District (SWFWMD). Some

of these counties are also owner/operators of public

utilities regulated by SWFWMD.

3. Florida Citrus Mutual is a non-profit corporation

organized under Chapter 618, Florida Statutes, having as its

principal place of business 302 South Massachusetts Avenue,

Polk County, Lakeland, Florida 33802. Organized in 1948,

"Florida Citrus Mutual today represents some 13,268 citrus

growers located throughout peninsular Florida. Many of its

members reside in the 16-county area that is encompassed

within the jurisdiction of the Southwest Florida Water

Management District. Mutual is itself a property owner and

taxpayer in Polk County.

4. Derrill McAteer, William R. McMullen, Allen K. Stone,

Stanton L. Reese, Patricia R. Pieper, Charles O. Kuharske,

John B. Sargeant, Charles E. Booth, James Lloyd Ryals, and

Berryman T. Longino are taxpayer-citizens in Hernando,

Hillsborough, Polk, Pasco, Lake, DeSoto and Sarasota

Counties.

5. Allen K. Stone, Gail Parsons and Charles H. Martin are

also members of the the Northwest Hillsborough Basin Board.

John B. Sargeant, Jean Perchalski, and Patricia Pieper are






3




also members of the Hillsborough River Basin Board. James

Lloyd Ryals is a member of the Peace River Basin Board.

Charles E. Booth is a member and secretary of the

Withlacoochee River Basin Board. Each of these persons has

been appointed to these basin boards by the Governor of the

State of Florida. Ms. Pieper is also the Vice Chairman of the

Hillsborough Basin Board; Mr. Stone is Secretary of the

Northwest Hillsborough River Basin Board; Mr. Martin is

9kaof-chairman of the Northwest Hillsborough Basin Board; Mr.

Booth is secretary of the Withlacoochee River Basin Board.


II.



6. Defendant Southwest Florida Water Management District

(District) Governing Board (Governing Board) has its

principal headquarters located on U. S. 41 South,

Brooksville, Hernando County, Florida 33512. Gary Kuhl is

the Executive Director of the District.


III.



7. On July 11, 1984, the District Governing Board met at

District headquarters near Brooksville, Florida. The meeting

was given notice in the Florida Administrative Weekly, Volume

10, Number 25 (June 22, 1984) for the purpose of "(a) conduct

of public hearings and (b) consideration of District

business". At that meeting, Basin Board budgets and the






4




District budget were considered together with substantive

issues relating to a modification of a staff proposal

originally directed to "abolish the current basin board

concept" and General Counsel's interpretation of Section

373.0695 regarding the duties of basin boards. General

Counsel for the Governing Board offered the interpretation

that many items in all of the basin board budgets were not

authorized expenditures according to his interpretation of

the statutes although admittedly similar and identical

expenditures have been made by each of the basins for many

years. In response to the District General Counsel's

interpretation, the Governing Board voted 6-3 to eliminate

those portions of the basin board budgets that General

Counsel deemed to be unauthorized; accordingly, basin board

budgets were reduced drastically; in the case of the Manasota

Basin Board, the budget was slashed 87%. The District staff

then recommended that many of the same projects originally

included in the basin board budgets be moved over to the

District budget and District-wide millage adjusted

accordingly. This resulted in an increase in District-wide

village from .11 mills to .21 mills. The action of the

Governing Board violated Section 373.0697, Florida Statutes,

which states that the Governing Board "shall" levy taxes to

fund the budget requested by each basin board. The Governing

Board acted without authority in modifying basin board

budgets, and their corresponding millage rates according to

its own judgment and policy determination. The Governing











Board also, in adopting a policy defining the appropriateness

(or lack thereof) of particular items in basin board budgets

-- a reversal of a long-standing policy -- violated the

procedural requirements for rule adoption established in

Chapter 120, Florida Statutes in failing to give due notice,

failing to promulgate the proposed rule in the Florida

Administrative Weekly and failing to prepare an estimate of

economic impact.



IV.



Plaintiffs have no adequate remedy at law or otherwise

for the harm or damage threatened to be done by the

Defendants because time is of the essence. In order to

comply with the requirements of Chapter 200, Florida

Statutes, the District must notify the property appraiser in

each of the 16 affected counties no later than July 31, 1984

of the proposed millage rates. Once this date is passed,

budgets for basin boards which would require higher millage

rates than those noticed to the property appraiser and,

through him, to the taxpayers in each basin may be adopted

only by sending individual notices of the increased millage

to the taxpayer in each county. The enormous expense

required by such individual notices precludes this as a

practical alternative. Consequently, any action at law which

does not require affirmative action by the District, its











Director and/or the Chairman of its Governing Board on or

before July 31 provides no remedy for Fiscal Year 1984-1985.



V.



Plaintiffs will suffer irreparable harm, damage and

injury unless the Governing Board of the District and its

Executive Director are enjoined because, with respect to the

taxpayers of the Pinellas-Anclote and the Green Swamp Basins,

an unfair tax burden will be placed upon them as a result of

this reallocation of taxes; because, with respect to the

specific basin board and basin board members, the

reallocation of taxing responsibilities and authority to

expend funds has divested them of significant duties and

powers; because, with respect to the County Commissions of

Hardee, DeSoto, and Hernando Counties and with respect to

Florida Citrus Mutual, all of whom represent their individual

taxpayer-citizens and individual members, the reallocation of

water resource management responsibilities and the

redistribution of taxing authority will result in a transfer

of authority from basin boards in which they have statutorily

guaranteed representation,.to a regional board where they

may, indeed, have no representation. In fact, of the 16

counties represented or encompassed by District

jurisdiction, 9 are totally unrepresented at the present time

on the Governing Board. Furthermore, because of statutory

requirements regarding composition of the Governing Board, no







1 ,%' 7 '
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more than seven of the 16 counites can be represented thereon

at any given time. Those individual taxpayer plaintiffs will

suffer irreparable harm, in the absence of an injunction,

because the diminution of taxing and budgetary authority of

the basin boards will result in the arrogation of taxing and

spending powers to the Governing Board where taxpayer

representation is not guaranteed and where geographic

constraints on taxing and spending do not exist. Under

Governing Board budgeting, taxes may be spent without regard

to the basin in which they were collected.



Wherefore, Plaintiffs pray as follows:



1. A mandatory preliminary injunction issue requiring

Defendants to notify the property appraiser in each of

the 16 counties encompassed by the District of a

proposed millage rate for each of the eight basin boards

in accordance with the budget approved by those basin

boards until a hearing is had on Plaintiffs' application

for a permanent injunction or, in the alternative, a

writ of mandamus.

2. A temporary injunction issue enjoining defendants from

altering the budget procedure of SWFWMD as said

procedure relates to Basin Board budgets from the

procedure existing prior to the SWFMWD action of July

11, 1984 until a hearing is held on Plaintiffs'





8




application for a permanent injunction or, in the

alternative, a writ of mandamus.

3. On a final hearing, Defendants' be permanently enjoined

from changing, amending or otherwise interfering with

basin board budgets and the correspondening millage rate

as prepared and approved by the respective basin boards.

4. Plaintiffs receive costs and expenses incurred in this

action.

5. Plaintiffs receive such other additional relief as this

court deems proper.







Ju vqaaugh, Attorney forardee
ty Cpninission and for Be an
< T Longihn
United First Federal Building
1390 Main Street, Suite 524
Sarasota, FL 33577




non/. Evans, Vice President,
Staff! egal Counsel
Florida Citrus Mutual
Post Office Box 89
Lakeland, FL 33802
Charles O. Kuharske
Charles H. Martin
William R. McMullen
Gail Parsons
Jean Perchalski
Patricia R. Peiper
Stanton L. Reese
John B. Sargeant
Allen K. Stone







R a









DCounta\ edMcnt ssion and for Jame s

Sun Bank Building, Suite 201
10 South DeSoto Avenue
Arcadia, FL 33821









Brooksville, FL 33512

July 27, 1984





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