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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 4                                                                

 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Dockery and Putnam offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

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)  Legislative intent.  The Legislature recognizes

22  that because the stability of land titles and the clarity of

23  real property boundaries is essential to a civil society, it

24  is in the public interest to resolve the uncertainty and

25  controversy arising from the assertion of state sovereignty

26  ownership claims and public rights to lands that were

27  purportedly conveyed by state deeds or grants as

28  nonsovereignty lands, in a manner that fairly protects the

29  interests of private landowners whose titles are derived from

30  such state deeds or grants, while preserving the public's

31  ownership of and rights to use the navigable waters and

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    File original & 9 copies    04/26/00
    hep0001                     08:26 am         01807-0064-360945




                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  sovereignty submerged lands up to the ordinary high water

 2  mark.  For that purpose, pursuant to Article X, Section 11 of

 3  the Florida Constitution, the Legislature expressly finds and

 4  declares:

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

 6  high water mark, as the boundary separating riparian lands

 7  from sovereignty submerged lands under navigable nontidal

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

 9  meaning as historically applied in Florida, and with its

10  intended purpose as an observable physical boundary that

11  landowners and members of the public can readily identify;

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

13  from state deeds or grants which purported to convey

14  nonsovereignty lands, but which may have included sovereignty

15  submerged lands within the boundaries described in the deed or

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

17  that the lands purportedly conveyed are located above the

18  ordinary high water mark, as set forth herein.

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

20  title to sovereignty submerged lands under navigable waters,

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

22  the navigable waters and sovereignty submerged lands

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

24  lands are located below the ordinary high water mark, as set

25  forth herein.

26         (2)  This section shall be construed to ratify,

27  confirm, and validate titles derived from state deeds or

28  grants which purported to convey nonsovereignty lands, but

29  which may have included sovereignty submerged lands within the

30  boundaries described in the deed or grant, to the extent that

31  the lands purportedly conveyed are located above the ordinary

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  high water mark, as set forth herein.  The present holders of

 2  the deeds or grants to which this section applies shall retain

 3  all riparian rights held by waterfront landowners.

 4         (3)  This act in no way alters the public's rights to

 5  use navigable waters and sovereignty submerged lands for

 6  common law public trust purposes up to the ordinary high water

 7  mark as defined in this section, nor does this act affect the

 8  ownership by the state of sovereignty submerged lands lying

 9  below that mark.

10         (4)  The ordinary high water mark on nontidal waters is

11  the line at which the water usually stands when free from

12  disturbing causes.  It is not the highest point to which the

13  water rises in time of freshets, but is the line that the

14  water impresses upon the soil by covering it for periods

15  sufficient to deprive it of vegetation and to destroy its

16  value for agriculture.  It is an ambulatory line, shifting in

17  response to long term changes.  The ordinary high water mark

18  is to be determined by examining the bed and banks to

19  ascertain where the presence and action of the water are so

20  common and usual, and so long continued in all ordinary years,

21  as to mark upon the soil of the bed a character distinct from

22  that of the banks, in respect to vegetation and the nature of

23  the soil itself.  It is co-ordinate with the limit of the bed

24  the water occupies sufficiently long and continuously to wrest

25  it from vegetation and destroy its value for agricultural

26  purposes.  In some places where the banks are low and flat and

27  the water does not impress on the soil any well-defined line

28  of demarkation between the bed and the banks, the effect of

29  the water upon vegetation must be the principal test in

30  determining the location of the ordinary high water mark as a

31  line between the riparian owner and the public.  In such an

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1  instance, the ordinary high water mark is the point up to

 2  which the presence and action of the water is so continuous as

 3  to destroy the value of the land for the agricultural purposes

 4  by preventing the growth of vegetation constituting what may

 5  be termed an ordinary agricultural crop.  Marks upon the

 6  ground or upon local objects that are more or less permanent

 7  may be considered in connection with the competent testimony

 8  and other evidence in determining the ordinary high water

 9  mark.

10         (5)  It is not the intent of the Legislature to

11  supersede any specific grant of submerged lands granted to a

12  governmental entity by special act.

13         (6)  No lawsuit claiming sovereignty ownership or

14  public use rights to any lands for which a private claimant

15  holds record title from a state deed or grant shall be

16  initiated by or on behalf of the Board of Trustees of the

17  Internal Improvement Trust Fund without the prior approval of

18  a majority of the Board of Trustees of the Internal

19  Improvement Trust Fund.

20         Section 2.  If any provision of this act or the

21  application thereof to any person or circumstance is held

22  invlaid, the invalidity shall not affect other provisions or

23  applications of the act which can be given effect without the

24  invalid provision or application, and to this end the

25  provisions of this act are declared severable.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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29

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

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1807

    Amendment No.     (for drafter's use only)





 1         On page 1, lines 2 through 7

 2  remove from the title of the bill:  all of said lines

 3

 4  and insert in lieu thereof:

 5         An act relating to the Florida Land Title

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

 7         providing legislative intent; validating

 8         certain land titles derived from state

 9         conveyances; providing for public use of

10         certain water; defining ordinary high water

11         mark; providing a process for approval of

12         sovereignty claims; providing for severability;

13         providing an effective date.

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    File original & 9 copies    04/26/00
    hep0001                     08:26 am         01807-0064-360945