Filing #:69686345 E-Filed 03/22/2018 04:05:22 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA .SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, Plaintiff, v. Case No.: Judge William L. Roby EVERGLADES LAW CENTER, INC., LAKE POINT PHASE I, LLC, a Florida limited liability company, LAKE POINT PHASE II, LLC, a Florida limited liability company, MARTIN COUNTY, a political subdivision of the State Of Florida, and MAGGY HURCHALLA, Defendants.? - ORDER DENYING WRIT OF MANDAMUS AGAINST PLAINTIFF SOUTH FLORIDA 0 WATER MANAGEMENT DISTRICT AND ENTERING FINAL JUDGMENT ON DEFENDANT EVERGLADES LAW COUNTERCLAIM THIS CAUSE came before the Court on March 6, 2018, on this Court?s February 28, 2018 Alternative Writ of Mandamus Order to Show Cause (?Writ?) issued In response to Defendant EVERGLADES LAW CENTER, lNC.?s December 14, 2017 Counterclaim Petition for Writ of Mandamus (?Counterclaim?). The Court, having reviewed the file, having heard argument of counsel, stipUla?tions of facts, and otherwise being duly advised in the premises, finds and orders as follows: Florida law expressly acknowledges that there are?situations where the public benefits of confidentiality transcend the desirability of disclosure of what would othen/vise be public records- See Florida Const. Art. I, 24(c); Fla. Stat. The Court finds that mediation is one such situation. See Fla. Stat. 44.102(3) (specifically and unambiguously stating, with no exception, ?All written communications in a mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of Chapter In. order to provide uniformity and- predictability as to which mediation communications will be cOnfidential, the legislature created the Mediation Confidentiality and Privilege Act, codified as Sections 44401?44406, Florida Statutes. (the The .Act expressly applies where, as here, mediation is court ordered. See Fla. Stat. Further, pursuant to The Act: Except as provided, in this section, all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant?s counsel . Fla. Stat. 44.4050). Mediation communications include oral Or written statements, 0r nonverbal co'ndu?ct ?intendedto make an assertion, by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtheranceof mediation.? Fla. Stat. Mediation participants include mediation parties Which are persons ?participating directly, or through a designated representative in a mediation." Fla. Stat. (3). lmportantly, the Act defines the boundaries of court?ordered mediation as beginning when an order of referral is issued by the court, which in this case was April 4, 2017, and ending when a settlement agreement is signed or mediation is othenNise I terminated. Fla. Stat. 44.404. Because the parties agreed that this Court was not required to take evidence, the . Court relies on the representations of counsel. The Court finds there exists no genuine issue of material fact that the Mediated Settlement Agreement between the South Florida Page 2 of 5 Water Management District and Lake Point Phase I, LLC and Lake Point Phase LLC was signed on August 23, 2017. There is no genuine issue of material fact that Global Settlement between Lake Point, the District, and Martin County occurred on January 11, 2018. The reason for strict mediation confidentiality is obvious to this Court. Mediation could not take place if litigants had to worry about admissions against interest being offered against them at trial. Accordingly, the legislature?enacted an express exemption from the requirement of Chapter 119, Florida Statutes, for "[a]ll written communications in a mediation proceeding other than an executed settlement agreement." Fla. Stat.'? ln'accordance with'this exemption, the District made its executed Mediated Settlement Agreement available to the public immediately, upon eXecution, but requed to disclose?any mediation communications leading up to settlement, Here, the Court finds that-the mediation proceedings in the Lake Point Litigation span from entry of the Court?s April 4, 2017, order referring the case to mediation until'a global settlement between. Lake Point, the District and Martin County was reached on January 11, 2018. It is undisputed that each of the attorney?client sessions was conducted during that time period. The Court finds that the District and its Governing Board were ?participants? in the mediation pursuant to the statute itself, although Everglades. Law Center disputes that fact. Therefore, any discussiOns regarding mediation between the District'and its GoverningBoard in those attorney-client sessions related to mediation constitute communications ata mediation. "proceeding within the meaning of section Florida Statutes. Page 3 of'5 Because Florida Government in the Sunshine .Act requires that the District?s attorney-client sessions be reduced to writing, the Court finds that the transcripts of such . discussions between the District and its Governing Board during those attorney?client sessions also constitute ?written communications in a mediation proceeding.? The transcripts were?made after mediation was ordered and before the settlement was approved and executed. As such, as a matter of law, mediation communications reflected in the transcripts are exempt from disclosure under Chapter 119, pursuant to the statute itself, Section Florida Statutes. The COurt finds that, if the legislature wanted to, provide an exclusion from the mediation exemption for mediation Communications transmitted in shade sessions, the legislature would have so provided. Therefore, the Court orders as follows: The transcripts, or portions of transcripts, requested by Everglades Law Center, and withheld by the District on the stated basis that they constitute exempt public records, constitute written communications in a mediation proceeding and are, therefore, exempt from disclosure under Chapter 119, Florida Statutes; 2. The District has shown cause sufficient to demonstrate .that'the Writ of . Mandamus should be denied; 3. The Writ of Mandamus is hereby denied; Page 4 of 5 4. Final Judgment is hereby entered in' favor of the District on the Everglades Law Center?s Counterclaim, and the Districtshall go hence, without day as to that Counterclaim. DONE AND ORDERED in Chambers in Stuart, Martin CoUnty, Florida, this WM William L. Roby, Circuit Court Jud?e day of March, 2018. Via, ?aif/?ch?f 6914/ Copies Furnished/Io: Michael J. McCluskey, Esq.: ?oamcalzfoxwackeencom; mothy Riley, Esq.: timothyr?hqslaw.com; :E/rin Tilton, Esq.: eyrint@hqslaw.com; amvc@hdslaw.com ?yuglas Smith, Esq.: d.ouqs@hqslaw.com racy M. White, Esq.: .vS/arah Woods, Esq.: swoods@madin.fl.us . uEthan J. Loeb, Esq.: ethanl@smolkerbartlett.com; susanm@smolkerhartlett.com vEdward de la Parte, Esq.: edelaparte?dqfirm.com; servicealerk?dqfirm.com vNicholas Q. Porter, Esq.: nporter?qu?rmcom Mrginia Sherlock, Esq.: vsherlock@lshlaw.com . Marcy l. LaHart, Esq.: marcy@floridaanimallawvemom; marcyl?iusticecom Page 5 of 5