NORMAN E. LEONARD, APPELLANT,
v.
DONALD O. MORGAN, EXECUTIVE DIRECTOR, SUWANNEE RIVER WATER MANAGEMENT DISTRICT, AND WILLIAM R. CAVE, HEARING OFFICER, DIVISION OF ADMINISTRATIVE HEARINGS, APPELLEES
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Appellant Leonard sought a writ of prohibition to prevent the Suwannee River Water Management District from taking action regarding his property, arguing that the circuit court has exclusive jurisdiction over agricultural land classifications for tax purposes, which should also govern water management permitting exemptions. The court affirmed the dismissal, holding that water management district classifications are not subject to circuit court jurisdiction and disputes over such classifications are appealable to the District Court of Appeal.
The circuit court lacks jurisdiction to issue the writ of prohibition. The classification of property by the property appraiser for tax purposes is not binding on water management districts under Chapter 373, Florida Statutes, and disputes over water management district actions are properly appealed to the District Court of Appeal, not decided by circuit courts.
[1] A circuit court lacks jurisdiction to determine whether a property appraiser's classification of land as agricultural for tax purposes is binding on water management dist…
[2] A circuit court cannot consider claims of unconstitutional taking or unreasonable exercise of police powers if such issues were not raised in the lower court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The issue of whether classification by the property appraiser is binding on water management districts under Chapter 373, F.S. is not within the jurisdiction of the circuit court, pursuant to 373.617(2).”
Establishes that tax classification authority does not extend to water management permitting decisions
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Join FLexlaw to unlock all legal intelligenceLeonard's property was classified as agricultural for tax purposes under Section 193.61, Florida Statutes. The Suwannee River Water Management Distric…
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PER CURIAM.
This cause is before us on appeal from an order dismissing a petition for writ of prohibition on the ground that the circuit court lacks jurisdiction. Appellant contends that the circuit court has jurisdiction to issue a writ of prohibition to require the Suwannee River Water Management District (the District) to take no action with respect to petitioner’s property based on the circuit court’s exclusive original jurisdiction over tax assessments and the classification of land as agricultural for tax purposes pursuant to Article V, Section 20(c)(3), Florida Constitution. Appellant’s reasoning is that because his land is classified as agricultural for tax purposes pursuant to Section 193.61, Florida Statutes, it falls within the agricultural exemptions to surface water management permitting in Chapters 373 and 403, Florida Statutes. He further contends that the District, by refusing to allow him an agricultural exemption pursuant to Chapters 373 and 403, with regard to water management, is attempting to usurp the circuit court’s exclusive jurisdiction over the classification of land as agricultural for tax purposes.
We affirm the trial court’s order dismissing the writ, which order is, in pertinent part, as follows:
(1) The issue of whether classification by the property appraiser is binding on water management districts under Chapter 373, F.S. is not within the jurisdiction of the circuit court, pursuant to 373.-617(2).
(2) The issue of whether the Suwannee River Water Management District order was an unconstitutional taking or unreasonable exercise of police powers was not raised, therefore, this action was not subject to circuit court action.
(3) An appeal of water management district action would be by the District Court of Appeal.
Accordingly, the judgment below is affirmed.
ERVIN, BOOTH and WENTWORTH, JJ., concur.
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