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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1807

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Judiciary 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;

20  legislative intent.--

21         (1)  The Legislature finds it is necessary to define

22  the "ordinary high water mark" in order to clearly delineate

23  the property boundary separating private and sovereign

24  ownership on lands bordering navigable non-tidal waters;

25  furthermore, all deeds issued by any state board, agency, or

26  official purporting to convey any land above the ordinary high

27  water mark are hereby ratified, confirmed, and validated.

28         (2)  The ordinary high water mark on non-tidal waters

29  is the point up to which the presence and action of the water

30  is so continuous as to destroy the value of the land for

31  agricultural purposes by preventing the growth of vegetation,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1807

    Amendment No. 01 (for drafter's use only)





 1  constituting what may be termed an ordinary agricultural crop.

 2  It is an ambulatory line, shifting in response to long term

 3  changes in the water level.  The ordinary high water mark is

 4  not the highest point to which the water rises in times of

 5  flooding, but is the line which the water impresses upon the

 6  soil by covering it for sufficient periods to deprive it of

 7  vegetation and destroy its value for agriculture.  Nor is the

 8  ordinary high water mark the extreme line which the water

 9  reaches in times of high water caused by rains, which are not

10  unusual or extraordinary, but occur annually, or at least

11  frequently, during the wet season.  Low lands, elevated only

12  slightly above the ordinary level of the water, which are more

13  or less subject to periodical overflow at certain seasons of

14  the year, during some years in times of high water caused by

15  rains, but are sufficiently dry when the water subsides to be

16  susceptible of valuable use as pastures and meadows, are not

17  sovereignty submerged lands.

18         (3)  Any title to real property that is derived from a

19  properly recorded deed or grant made before this act takes

20  effect by the Board of Trustees of the Internal Improvement

21  Trust Fund, or by any other state agency or official, which

22  purported to convey swamp or overflowed lands, internal

23  improvement lands, or other lands, and which has a legal

24  description that may encompass sovereignty lands, is ratified,

25  confirmed, and validated to the extent that such lands are

26  located above the ordinary high water mark of non-tidal

27  navigable waters as defined in this section.

28         Section 2.  Section 253.91, Florida Statutes, is

29  created to read:

30         253.91  State title to sovereignty submerged lands;

31  reaffirmed.--This section reaffirms the state's title to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1807

    Amendment No. 01 (for drafter's use only)





 1  sovereignty submerged lands under navigable waters up to the

 2  ordinary high water mark pursuant to Article X, section 11 of

 3  the Florida Constitution.  The public shall have the right to

 4  use navigable waters and sovereignty submerged lands up to the

 5  ordinary high water mark as defined in section 253.90.

 6         Section 3.  This act shall take effect upon becoming

 7  law.

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

11  And the title is amended as follows:

12         On page 1,

13  remove from the title of the bill:  entire title

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15  and insert in lieu thereof:

16         An act relating to land conveyances; creating

17         s. 253.90, F.S.; relating to ordinary high

18         water mark determination and legislative

19         intent; creating s. 253.91, relating to state

20         title to sovereignty submerged lands; providing

21         an effective date.

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    File original & 9 copies    04/05/00
    hju0004                     12:59 pm         01807-jud -691707