Commissioner seeks injunction to stop toll road through Split Oak Forest; county attorney says legal path limited

Commissioner Martina Simrad urged the Orange County Board of County Commissioners to seek a legal injunction and a declaratory judgment to halt work related to a proposed high‑speed toll road alignment through Split Oak Forest, saying survey stakes have been placed and the county should enforce an earlier interlocal agreement.

“I'm seeking consensus for a legal review to file for an injunction and a declatory judgment,” Simrad said, asking that the county attorney either handle the work or authorize outside counsel if necessary. She said the 1994 interlocal agreements and later documents require all parties to agree before modifications and that Orange County’s rights may be at risk if it does not act.

County attorneys and staff responded at the meeting that the legal picture is constrained by state law and by which entities hold title and management authority for portions of Split Oak. The county attorney’s office said the substance of Florida law governing conservation easements (cited during the briefing as section 704.06) limits an interpretation that would categorically prohibit modification if the conservation‑easement holder authorizes a change for a linear facility. Deputy County Attorney Georgiana Holmes summarized the office’s approach: “we must look at 70406 in its entirety… subsection 11 prohibits an interpretation that is inconsistent with prohibiting or limiting a property owner from being able to modify a conservation easement for the construction of a linear facility.”

Staff described the chain of agreements and the different parties involved. The 1994 documents (and a 1995 amendment) involved Orange County, Osceola County and then‑relevant state agencies; the 2025 agreement that alarmed Simrad has Osceola County, the Central Florida Expressway Authority (CFX) and the Florida Fish and Wildlife Conservation Commission (FWC) as parties. Staff said FWC has authority over approving and amending a management plan for lands it manages; the county attorney noted that FWC’s management plan authority is different from the interlocal/grant agreements and is a separate, state‑level process.

Staff and the county attorney also said some procedural conditions that were previously part of consideration for donated lands have been satisfied or rendered moot as Osceola County, CFX and FWC have moved forward. Staff said Osceola has completed or advanced required steps (surveys, environmental site assessments, title work) and that FCT (Florida Communities Trust) and FWC have indicated those steps have been met. Staff also said Osceola has arranged to donate 1,550 acres to FWC, with approximately 968 acres comprising the Orange County portion.

County attorneys told commissioners that, based on the agreements and current law, Orange County does not presently have a clear cause of action to enjoin work on property within Osceola County, and they recommended continued monitoring rather than immediate litigation. “Today we do not see a cause of action related to the 1994 agreement,” the county attorney said, adding that the office would continue to evaluate developments and notify the board if a legally viable path emerges.

Commissioner Simrad said constituents and many organizations remain concerned; she asked staff to seek confirmation from FWC and FCT that Orange County’s rescission of support has been formally acknowledged. The mayor and county counsel said staff had previously sent notices and would continue to engage and monitor the matter. The board did not authorize filing suit or seeking an injunction at the meeting; the county attorney’s office said it would continue to review and report back if circumstances change.