Senate Bill 1824

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    Florida Senate - 2000                                  SB 1824

    By Senators Campbell, Grant, Mitchell, Sullivan, Bronson,
    Webster, Kirkpatrick, Childers, McKay, Horne, Myers and Scott




    33-1381A-00

  1                      A bill to be entitled

  2         An act relating to land conveyances; creating

  3         s. 253.1201, F.S.; validating the title to

  4         previous conveyances of land by the state which

  5         may have included sovereignty lands; clarifying

  6         the public use of certain navigable waters;

  7         providing legislative intent; providing an

  8         effective date.

  9

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

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12         Section 1.  Legislative intent.--The Legislature

13  recognizes that it is in the public interest that the

14  controversy arising from the assertion of state sovereignty

15  ownership claims against private landowners who derive their

16  titles from deeds or grants issued by state agencies or

17  officials which purported to convey swamp and overflowed

18  lands, internal improvement lands, or other nonsovereignty

19  lands, but which may have included sovereignty lands within

20  the legal description, be resolved expeditiously and

21  economically, in a manner that is equitable to the private

22  landowners but that preserves the people's rights to use the

23  navigable waters within the state for the purposes of boating,

24  fishing, or swimming.

25         Section 2.  Section 253.1201, Florida Statutes, is

26  created to read:

27         253.1201  Certain titles derived from state conveyances

28  that may have included sovereignty lands, ratified, confirmed,

29  and validated.--

30         (1)  Any title to real property that is derived from a

31  deed or grant made before this act takes effect by the Board

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    Florida Senate - 2000                                  SB 1824
    33-1381A-00




  1  of Trustees of the Internal Improvement Trust Fund, or by any

  2  other state agency or official, which purported to convey

  3  swamp and overflowed lands, internal improvement lands, other

  4  nonsovereignty public lands is ratified, confirmed, and

  5  validated in all respects, notwithstanding that sovereignty

  6  lands may have been included within the legal description of

  7  the land purportedly conveyed in the deed or grant, if:

  8         (a)  The title of the present landowner is derived from

  9  a deed or grant issued by the Board of Trustees of the

10  Internal Improvement Trust Fund, or by any other state agency

11  or official, which appears on its face to be a valid

12  conveyance of lands that the issuing agency or official was

13  then authorized by law to convey, without express reservation

14  of or deduction for any sovereignty lands;

15         (b)  The title to the property has remained in private

16  possession since the conveyance and has been developed,

17  improved, or put to a qualified agricultural use by a private

18  party at its expense; and

19         (c)  The acreage conveyed has been classified as

20  private property for ad valorem tax assessment purposes.

21         (2)  This section does not affect the public's right to

22  use any navigable waters for boating, fishing, and swimming on

23  lands validated under this section. Notwithstanding subsection

24  (1), this section may not be construed to affect title to

25  lands under navigable waters within the meaning of Section 11

26  of Article X of the State Constitution.

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

28  law.

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    Florida Senate - 2000                                  SB 1824
    33-1381A-00




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  2                          SENATE SUMMARY

  3    Validates the title to previous conveyances of land by
      the state which may have included sovereignty lands in
  4    the legal description. Clarifies the public use of any
      navigable waters on those lands.
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