House Bill 1807e1

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                                       CS/HB 1807, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Florida Land Title

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

  4         providing legislative intent; validating

  5         certain land titles derived from state

  6         conveyances; providing for public use of

  7         certain waters; defining ordinary high water

  8         mark; providing a process for approval of

  9         sovereignty claims; protecting certain public

10         access, easements, and common-law rights;

11         providing for severability; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 253.90, Florida Statutes, is

17  created to read:

18         253.90  Ordinary high water mark determination and

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

20         (1)  Legislative intent.  The Legislature recognizes

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

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

23  is in the public interest to resolve the uncertainty and

24  controversy arising from the assertion of state sovereignty

25  ownership claims and public rights to lands that were

26  purportedly conveyed by state deeds or grants as

27  nonsovereignty lands, in a manner that fairly protects the

28  interests of private landowners whose titles are derived from

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

30  ownership of and rights to use the navigable waters and

31  sovereignty submerged lands up to the ordinary high water


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                                       CS/HB 1807, First Engrossed



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

  2  the Florida Constitution, the Legislature expressly finds and

  3  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 as historically applied in Florida, and with its

  9  intended purpose as an observable physical boundary that

10  landowners and members of the public can readily identify;

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

12  from state deeds or grants which purported to convey

13  nonsovereignty lands, but which may have included sovereignty

14  submerged lands within the boundaries described in the deed or

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

16  that the lands purportedly conveyed are located above the

17  ordinary high water mark, as set forth herein.

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

19  title to sovereignty submerged lands under navigable waters,

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

21  the navigable waters and sovereignty submerged lands

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

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

24  forth herein.

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

26  confirm, and validate titles derived from state deeds or

27  grants which purported to convey nonsovereignty lands, but

28  which may have included sovereignty submerged lands within the

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

30  the lands purportedly conveyed are located above the ordinary

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


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                                       CS/HB 1807, First Engrossed



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

  2  all riparian rights held by waterfront landowners.

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

  4  use navigable waters and sovereignty submerged lands for

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

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

  7  ownership by the state of sovereignty submerged lands lying

  8  below that mark.

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

10  not the highest point to which the water rises in time of

11  freshets, but is the line that the water impresses upon the

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

13  vegetation and to destroy its value for agriculture.  It is an

14  ambulatory line, shifting in response to long term changes.

15  The ordinary high water mark is to be determined by examining

16  the bed and banks to ascertain where the presence and action

17  of the water are so common and usual, and so long continued in

18  all ordinary years, as to mark upon the soil of the bed a

19  character distinct from that of the banks, in respect to

20  vegetation and the nature of the soil itself.  It is

21  co-ordinate with the limit of the bed the water occupies

22  sufficiently long and continuously to wrest it from vegetation

23  and destroy its value for agricultural purposes.  In some

24  places where the banks are low and flat and the water does not

25  impress on the soil any well-defined line of demarkation

26  between the bed and the banks, the effect of the water upon

27  vegetation must be the principal test in determining the

28  location of the ordinary high water mark as a line between the

29  riparian owner and the public.  In such an instance, the

30  ordinary high water mark is the point up to which the presence

31  and action of the water is so continuous as to destroy the


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                                       CS/HB 1807, First Engrossed



  1  value of the land for the agricultural purposes by preventing

  2  the growth of vegetation constituting what may be termed an

  3  ordinary agricultural crop.  Marks upon the ground or upon

  4  local objects that are more or less permanent may be

  5  considered in connection with the competent testimony and

  6  other evidence in determining the ordinary high water mark.

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

  8  supersede any specific grant of submerged lands granted to a

  9  governmental entity by special act.

10         (6)  No lawsuit claiming sovereignty ownership or

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

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

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

14  Internal Improvement Trust Fund without the prior approval of

15  a majority of the Board of Trustees of the Internal

16  Improvement Trust Fund.

17         (7)  This act shall not be interpreted to preclude,

18  alter, or affect any rights of public access to lands and

19  waters below the ordinary high water mark, or any easements by

20  prescription or other common-law rights consistent with

21  Florida law, in effect at the time of passage of this act.

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

23  application thereof to any person or circumstance is held

24  invalid, the invalidity shall not affect other provisions or

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

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

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

29  law.

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