Appeal dismissed on Motion of Counsel for Appellees.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.

The central issue in this case is whether the Department of Environmental Regulation (Department) should grant a dredge and fill permit which has been requested by the Respondent, William R. Cullen (Applicant). That proposed permit has been opposed by the Petitioners (who will be referred to collectively as Petitioners for convenience sake).Conditions set forth in Intent to Issue inadequate to offset adverse affects expected. Applicant failed to show quality standards met or public interest

The issue in this case is whether Petitioner, Ralph Jensen's application for a permit to place fill material and riprap revetment waterward of the mean high water line on property he owns in Monroe County, Florida should be approved.Permit for project waterward of mean high water line should be denied; area was healthy class III waters and Outstanding Florida Water; fill expected to violate standards