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Legislation and Litigation

RYAM is conducting a three-pronged assault on the City of Fernandina Beach’s Comprehensive Plan (Comp Plan) and Land Development Code (LDC) to force the City into allowing the construction of its ethanol chemical manufacturing facility on the Island. The first is a legislative campaign to pass legislation that would override the Comp Plan and LDC; the second a State lawsuit seeking declaratory relief; and third, a Federal lawsuit declaring the City’s actions discriminatory.

Legislation

We are entering the 2026 Legislative session. Here are the most recent actions

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2026 Legislative Session Action

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August 5, 2025 - Speaker of the House sets Filing Schedule

August 18, 2025 - Members may begin filing legislation.

November 21, 2025 - Member Bill Submission Deadline. All bill requests must be submitted to Bill Drafting.

January 7, 2026 - Member Final Bill Draft Form Deadline. All member bill requests must be filed in Final Draft Form.

January 9, 2026 - Member Bill Filing Deadline. All member bills required by Rule must be approved for filing.

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2025 Legislative Session Recap:

 

During the Florida State 2025 Legislative Session (Session), a proposed amendment to Senate Bill 1118, (SB1118 - see lines 112 -119)was filed by Senator Stan McClain which included language redefining “chemical manufacturing” to exclude ethanol production and passed the Senate and was sent to the House of Representatives for consideration. After a Committee substitute, CS/SB 1080 (CS/SB1080) was passed by the House adopting SB1080 with the ethanol exclusion, a proposed amendment to CS/SB 1080 was filed by Representative Tobin Oberdorf, striking the ethanol exclusion language and passed by the House. The bill was returned to the Senate for consideration and passed without the ethanol exclusion language on June 1, 2025.

 

SB1080 was the first bill scheduled to be heard on March 17, 2025, before the Senate Community Affairs Committee with Senator McClain as the Chairman of the Committee. No Ethanol Fernandina mounted a strong effort to inform residents of the hearing and the urgent need to contact the Committee members and Fernandina Beach’s legislators, including providing contact information and suggested talking points. Fernandina Beach’s residents rose to the occasion and bombarded the Committee members and legislators with literally hundreds of phone calls and emails. Franklin Hileman, as a member of the Board of Directors for No Ethanol Fernandina, traveled to Tallahassee and visited every Committee members office and confirmed that the members were definitely getting the message and he subsequently testified in opposition to the proposed amendment before the Committee. Passage of the bill was a foregone conclusion as the Committee Chairman, Senator McClain was the bill sponsor, but a number of Committee members did raise concerns with the language redefining chemical manufacturing to exclude ethanol production. SB1080 was ultimately completed the Senate Committee process and passed by the Senate and sent to the House of Representatives on April 28, 2025. 

 

In the House, our lobbying team became aware of the proposed amendment to be filed by Representative Overdorf. The lobbying team arranged a conference call between the members of the No Ethanol Fernandina Board of Directors and Representative Overdorf and argued our opposition to the ethanol language. No Ethanol Fernandina Board members Len Kreger and Julie Feriera and the lobbying team separately met with Fernandina Beach’s representative, Black and we believe he played a pivotal role in convincing Representative  to proceed with the proposed amendment. HB CS/SB 1080 ultimately passed with Representative Overdorf’s amendment striking the ethanol exclusion language and returned to the Senate where it passed without the ethanol production exclusion language on June 1, 2025.

 

The Legislature officially ended on June 16, 2025, without passing any legislation including the redefining of “chemical manufacturing” and the legislation was dead.

 

No Ethanol Fernandina and our lobbying team believe there is a very good likelihood, and almost a certainty, that legislation will again be filed during the 2026 Legislative Session to somehow allow RYAM to build the ethanol manufacturing facility and we are already monitoring the issue. We are also considering a more proactive approach to the 2026 Legislative Session so we are not crawling our way out of a ditch as we did in 2025.

State Litigation

​RYAM  filed a five Count Amended Complaint against the CITY seeking Declaratory and Injunctive Relief. Essentially RYAM is alleging that the CITY violated the CITY’S Code and procedures for the review of RYAM’S building permit application. RYAM is asking the Court to find that as a result of these violations the CITY wrongfully denied the building permit application and should be required to issue the Permit and authorize RYAM to build the ethanol manufacturing facility. 

 

The CITY has filed an Answer and Affirmative Defenses asserting its actions were lawful and some of RYAM’S allegations are not sufficient to state a cause of action.

 

The essence of the status is the case is it is procedurally ready  for trial and accordingly has been scheduled for trial on August 31, 2025. On June 9, 2025, the Court entered a standard case management order which requires the parties to meet and establish the issues for trial and submit a Joint Pretrial Memorandum. The parties must meet on July 22, 2025 or alternatively submit a written Memorandum agreeing to the issues to be tried at least 7 days prior to July 22nd. 

 

UPDATE ON STATUS OF PENDING MOTIONS  - February 2026
 

The hearing scheduled for January 29, 2026 before Judge AHO on RYAM’S Motion to Strike all of the City’s Affirmative Defenses was canceled. The Motion to be heard could have had a significant impact on what claims remained for RYAM against the City and potentially could have led to the elimination of many of those claims including the removal of the Bert Harris Act claim by RYAM for $6.6 Million Dollars from the lawsuit. There was also the possibility the Court could have eliminated some of the City’s Affirmative Defenses removing them as a legal defense.
 

The Joint Motion to Abate the Proceedings and Cancel Hearing  agrees to stopping any legal activity in the lawsuit for a period of ninety (90) days from the date of the Order granting the Motion which was signed by Judge Aho January 29, 2026. Most importantly, the Motion states that “[t]he parties are actively engaged in good-faith discussions aimed at amicably resolving this matter, and the request for relief will facilitate those efforts and promote judicial economy.” Emphasis Added.
 

Despite this statement in the Motion, the City Commission and the City Attorney have re-emphasized that the City will not negotiate a settlement with RYAM and will continue to defend the Fernandina Beach Comprehensive Plan and Land Development Code and enforce the ban on any chemical manufacturing in the City, including the proposed RYAM ethanol chemical production and refining facility.
 

It appears, the next action in the lawsuit will be a Court mandated Dispute Resolution, in the form of a Mediation. No Ethanol Fernandina will continue to support the City Commission in opposing any settlement with RYAM and it’s position not to negotiate with RYAM for a building permit to build this proposed project.
 

If the City and RYAM are unable to settle the case, as we anticipate, the Court will enter a new trial date which could move the trial to a later date with new deadlines for the conduct of the legal proceedings going forward. Included in the restart of legal proceedings would be the hearing on RYAM’S Motion to Strike  Affirmative Defenses and the City’s response to that Motion. The Judge’s decision and ultimate Order on that Motion could have a significant impact on the legal posture of both the City and RYAM and exactly what issues would be determined in the trial.
 

Depending on the Court’s ruling on the Motion the City’s legal position could strengthen a great deal or be limited and negatively affected by the Court’s ruling.

Feb 2026 Update

Federal Litigation

On March 28, 2025, RYAM filed RAYONIER PERFORMANCE FIBERS, LLC., vs. FERNANDINA BEACH,  FLORIDA, Case 3:25-cv-00343-WWB-PDB.   

 

On June 18, 2025, the City of Fernandina Beach (“City”) filed a Motion to Dismiss essentially alleging that RYAM’s case  is simply a refiling of the State case and is an improper “splitting of claims, and should be dismissed with no recourse to refile in Federal court. 

 

The City’s Motion to Dismiss specifically alleges that RYAM’s case is “an improper refiling of a state court action in which Plaintiff, Rayonier Performance Fibers, LLC (“Plaintiff”) sued the City asserting several counts for declaratory and injunctive relief and seeking monetary damages as supplemental relief, arising from the same events at issue herein. See Case No. 2025-CA-60 (Fla. 4th Cir. Ct. 2025) (“State Court Action”). 

 

The events at issue are the same in both the operative Complaint before this Court and the State. Accordingly, on motion to dismiss for claim-splitting, “[a] Court may take judicial notice of the 

documents in the first case ‘which were public records that were ‘not subject to reasonable dispute’ because they were ‘capable of accurate and ready determination by resort to sources whose accuracy could not reasonably be questioned.

 

Plaintiff wrongly filed this action in federal court, improperly multiplying the proceedings arising from the same occurrence and involving the same parties and seeking the same monetary damages in different venues in direct violation of the rule against claim splitting. Accordingly, Plaintiff’s Complaint should be dismissed with prejudice.”

 

The City’s Motion to Dismiss is still pending and no date has been set for the Court to hear arguments from both sides. The Court, upon hearing the Motion has two options:

 

  • The Court could grant the City’s Motion and dismiss RYAM’S case with prejudice and the case would be over and could not be refiled in Federal court. This would not have any impact on the pending State case which would continue.

 

  • The Court could grant the Motion “with leave to amend” which would mean RYAM’s case is dismissed but RYAM could file an amended complaint in an effort to state a cause of action. This would create serious problems for RYAM to continue as they would have to allege a claim not arising from the allegations pending in the State case.

 

It is difficult to predict how the Judge will rule on the Motion. There is a general legal principal that a Court should not prevent a claimant from pursuing legal redress, but in this case the Judge could find that RYAM has a recognizable alternative to pursue legal redress and that is in the State court action already pending.

CONTACT US

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Fernandina Wins, Inc. is a Florida not-for-profit Corporation DBA No Ethanol Fernandina and has been granted a 501(c)3 Federal tax exemption.   REGISTRATION #: CH75795  A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.  
 

The toll-free number is 1-800-HELP-FLA (435-7352), and the website is FDACS.gov.

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