Askew v. Cross Key Waterways

Under the Florida Environmental Land and Water Management Act (the act), the Division of State Planning was charged with recommending areas of critical state concern (critical-concern designation) to the governor and the Administration Commission, an agency composed of cabinet officials. The Administration Commission was statutorily charged with denying or approving, in original or modified form, the critical-concern designation of a recommended area. Under the act’s criteria, an area could be recommended for critical-concern designation if the area had environmental, historical, or archaeological significance; had a significant effect on public facilities or other areas of major public investment; or was designated to have major development potential in a land-development plan. No more than five percent of the total geographic area of the state could receive critical-concern designation. With only limited exceptions, almost all of a critical-concern area’s development was regulated by the act, and the Administration Commission had the exclusive authority to approve principles guiding the area’s development. After the Administration Commission designated the Green Swamp area and the Florida Keys as areas of critical state concern, Cross Key Waterways and others (the challengers) (plaintiff) sued state officials (defendant), challenging the Administration Commission’s designation authority under the Florida Constitution’s separation of powers.