resolution directing the Department of Natural Resources (DNR) *805 not to consent to the use of sovereign submerged lands within Monroe County or to seek the Board's approval for any additional submerged lands leases in the county until the Board was presented with a report on John Pennekamp State Park's coral reefs and Key Largo Coral Reef Marine Sanctuary. The resolution continued in effect until an emergency rule codifying it was filed on November 14, 1984. Fla. Admin. Code Rule 16Q-21.041. The rule provides for a moratorium on leases until rules are adopted for the Florida Keys-Monroe County Aquatic Preserve or the revised Monroe County Comprehensive Plan is adopted, whichever occurs first.
Mr. Edwards' counsel advised the DNR that Mr. Edwards intended to construct a private dock of lessinjunctive relief against the state. The state made a motion to dismiss or in the alternative to transfer venue. Mr. Edwards made a motion for a preliminary injunction. The trial court denied the state's motion and granted Mr. Edwards' motion for a preliminary injunction. Subsequently, the state filed this interlocutory appeal.
The state contends that the trial court erred in granting a preliminary injunction as the requirements therefor were not met. It also contends that venue is proper only in the Second Judicial Circuit in and for Leon County, Florida.
We will respond to the state's venue argument first. It has been the established common law of Florida that venue in civil actions brought against the state or one of its agencies or subdivisions properly lies where the state, agency