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Overview

Felicia Kitzmiller’s practice focuses on all aspects of environmental law, and helping clients resolve multi-faceted issues through the administrative process, litigation, or legislation.

She works on matters including mitigation banking, property rights litigation, permitting, easements, sovereign submerged lands, imperiled species compliance and more. Felicia has particular experience in title analysis and a variety of issues associated with mining and mineral extraction. She has also been involved in matters relating to the Public Records Act & Sunshine Law.

Felicia believes the law should work for the people it governs and is a strategic and creative problem solver. Prior to pursuing her legal career, she was a newspaper journalist covering state and local government in Florida and South Carolina. That experience provides her unique insight to operations of governmental permitting and regulatory bodies.

Representative Experience

  • Fults v. Wakulla County, Second Judicial Circuit, Case No. 2018 CA 96 – Awarded summary judgment on a Sunshine Law violation related to the plaintiff’s property and proposed boat ramp.
  • Louis Del Favero Orchids, Inc. v. Fla. Dep't of Health, 290 So. 3d 165 (Fla. 1st DCA 2020) – Granted a motion to dismiss a challenge to multiple medical marijuana licenses from the Florida Department of Health, protecting the client’s right to operate a medical marijuana treatment center.
  • Southwest Florida Water Management District v. Bar Harbor Land Holdings LLC, et. al., DOAH Case No. 21-001711-CI – Successfully negotiated settlement of claims of Environmental Resource Permit violations against a client related to a stormwater system in a residential housing development.
  • Wallace v. Siesta 41 Associates and DOT, DOT Case No. 21-001/DOAH Case No. 21-000576 – Won dismissal of challenge to a driveway connection permit and associated traffic signal by demonstrating petitioner’s lack of standing.
  • Benderson-Kendall Associates, LLC v. Department of Transportation, DOT No. 21-020 – Filed petition to protect state road access of client shopping center and negotiated mutually beneficial settlement with Department of Transportation eliminating the need for further litigation.
  • Columbia County v. Bayfield Mitigation LLC, Third Judicial Circuit, Case No. 19-438-CA – Assisted in pursuing a claim for breach of contract against operators of a mitigation bank after the bank’s credits were suspended for lack of sufficient property interest, and assisted with negotiating settlement following the reinstatement of proper property interests and mitigation bank credits.
  • Assisted in the permitting of the North Florida Resiliency Connection, an electric transmission line through the seven counties and 176 miles of the Panhandle to create service redundancy by Gulf Power. Assistance included navigating the NEPA process and unique challenges related to National Forests and historic preservation evaluations, and local government negotiations regarding comprehensive plan and land development regulation compliance.

Professional & Community Involvement

  • The Florida Bar Environmental & Land Use Law Section, Co-Editor of The Reporter, 2019-Present
  • Tallahassee Women Lawyers, Board of Directors, 2018-Present
  • Tallahassee Bar Association, Young Lawyers Section, Board of Directors, 2018-2020

Recognition

  • American Bar Association National Appellate Advocacy Competition, National Semi-finalist, 2017

Publications & Presentations

Land Development News Update, Publications: Development Demand Drives Opportunity for Conservation of Gopher Tortoise Sites
Stearns Weaver Millers News Update|October 2021

Government Affairs News Update, Land Development News Update, Publications: What's Developing | Fall 2021
Stearns Weaver Miller News Update|September 2021

Land Development News Update, Publications: FWC Seeks Public Input on Beach-Nesting Birds Draft Guidelines
Stearns Weaver Miller News Update|September 2021

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