CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Merchant offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  Section 253.90, Florida Statutes, is

18  created to read:

19         253.90  Ordinary high-water mark determination and

20  confirmation of certain deeds or grants; legislative intent.--

21         (1)  The Legislature recognizes that because the

22  stability of land titles and the clarity of real property

23  boundaries is essential to a civil society, it is in the

24  public interest to resolve the uncertainty and controversy

25  arising from the assertion of state sovereignty ownership

26  claims and public rights to lands that were purportedly

27  conveyed by state deeds or grants as nonsovereignty lands, in

28  a manner that fairly protects the interests of private

29  landowners whose titles are derived from such state deeds or

30  grants while preserving the public's ownership of and rights

31  to use the navigable waters and sovereignty submerged lands up

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    File original & 9 copies    04/27/00
    hbd0001                     09:31 am         01807-0083-314191




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  to the ordinary high-water mark.  For that purpose, pursuant

 2  to Article X, Section 11 of the Florida Constitution, the

 3  Legislature expressly finds and declares:

 4         (a)  It is in the public interest that the ordinary

 5  high-water mark, as the boundary separating riparian lands

 6  from sovereignty submerged lands under navigable nontidal

 7  waters, be clearly defined, consistent with its common law

 8  meaning.

 9         (b)  It is in the public interest that titles derived

10  from state deeds or grants that purported to convey

11  nonsovereignty lands, but that may have included sovereignty

12  submerged lands within the boundaries described in the deed or

13  grant, be ratified, confirmed, and validated to the extent

14  that the lands purportedly conveyed are located above the

15  ordinary high-water mark, as set forth in this section.

16         (c)  It is in the public interest that the state's

17  title to sovereignty submerged lands under navigable waters,

18  which have not been alienated, and the public's rights to use

19  the navigable waters and sovereignty submerged lands

20  thereunder, be reaffirmed to the extent that such waters and

21  lands are located below the ordinary high-water mark as set

22  forth in this section.

23         (2)  This section pertains to any title to real

24  property which is derived from a properly recorded deed or

25  grant made before this act takes effect by the Board of

26  Trustees of the Internal Improvement Trust Fund or by any

27  other state agency or official; which conveyed swamp or

28  overflowed lands, internal improvement lands, or other

29  nonsovereignty lands; and which contains a legal description

30  that encompasses sovereignty submerged lands.

31         (3)  This section shall be construed to ratify,

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    File original & 9 copies    04/27/00
    hbd0001                     09:31 am         01807-0083-314191




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  confirm, and validate private waterfront landowners' title to

 2  swamp and overflowed lands, internal improvement lands, and

 3  any other nonsovereignty lands down to the ordinary high-water

 4  mark of navigable waters.  The present holders of the deeds or

 5  grants to which this section applies shall retain all riparian

 6  rights held by private waterfront landowners.

 7         (4)  This section reaffirms the state's title to

 8  sovereignty submerged lands under navigable waters up to the

 9  ordinary high-water boundary pursuant to Section 11 of Article

10  X of the State Constitution. This act in no way alters the

11  public's rights to use navigable waters and sovereignty

12  submerged lands for common law public trust purposes up to the

13  ordinary high-water mark as defined in this section, nor does

14  this act affect the ownership by the state of sovereignty

15  submerged lands lying below that mark.

16         (5)  The ordinary high-water mark of nontidal waters is

17  the ordinary or normal reach of water during the high water

18  season. It is not the highest point to which the water rises

19  in time of freshets, but is the line that the water impresses

20  upon the soil by covering it for periods sufficient to deprive

21  it of vegetation and to destroy its value for agriculture. It

22  is an ambulatory line, shifting in response to long-term

23  changes. The ordinary high-water mark is to be determined by

24  examining the bed and banks to ascertain where the presence

25  and action of the water are so common and usual, and so long

26  continued in all ordinary years, as to mark upon the soil of

27  the bed a character distinct from that of the banks, in

28  respect to vegetation and the nature of the soil itself. It is

29  coordinate with the limit of the bed the water occupies

30  sufficiently long and continuously to wrest it from vegetation

31  and destroy its value for agricultural purposes. Where the

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    File original & 9 copies    04/27/00
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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  banks are low and flat and the water does not impress on the

 2  soil any well-defined line of demarcation between the bed and

 3  the banks, the effect of the water upon vegetation shall be

 4  the principal test in determining the location of the line as

 5  the boundary between the property of the riparian owner and

 6  that of the public. In such an instance, the ordinary

 7  high-water mark is the point up to which the presence and

 8  action of the water is so continuous as to destroy the value

 9  of the land for agricultural purposes by preventing the growth

10  of vegetation constituting what may be termed an ordinary

11  agricultural crop. Marks upon the ground or upon local objects

12  which are more or less permanent may be considered in

13  connection with competent testimony and other evidence in

14  determining the ordinary high-water mark.

15         (6)  It is not the intent of the Legislature to

16  supersede any specific grant of submerged lands granted to a

17  governmental entity by special act.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24  Remove from the title of the bill:  the entire title

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26  and insert in lieu thereof:

27                      A bill to be entitled

28         An act relating to the Florida Land Title

29         Protection Act; creating s. 253.90, F.S.;

30         providing legislative intent; validating

31         certain land titles derived from state

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    File original & 9 copies    04/27/00
    hbd0001                     09:31 am         01807-0083-314191




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1         conveyances; reaffirming the public's ownership

 2         and right to use sovereignty submerged lands;

 3         defining ordinary high-water; defining ordinary

 4         high-water mark; providing a process for

 5         approval of sovereignty claims; providing an

 6         effective date.

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    File original & 9 copies    04/27/00
    hbd0001                     09:31 am         01807-0083-314191