Senate Bill 1824c2

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    Florida Senate - 2000                    CS for CS for SB 1824

    By the Committees on Natural Resources, Judiciary and Senators
    Campbell, Grant, Mitchell, Sullivan, Bronson, Webster,
    Kirkpatrick, Childers, McKay, Horne, Myers and Scott



    312-2170-00

  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 water; defining ordinary high-water

  8         mark; providing a process for approval of

  9         sovereignty claims; providing an effective

10         date.

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

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14         Section 1.  Section 253.90, Florida Statutes, is

15  created to read:

16         253.90  Ordinary high-water mark determination and

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

18         (1)  The Legislature recognizes that because the

19  stability of land titles and the clarity of real property

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

21  public interest to resolve the uncertainty and controversy

22  arising from the assertion of state sovereignty ownership

23  claims and public rights to lands that were purportedly

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

25  a manner that fairly protects the interests of private

26  landowners whose titles are derived from such state deeds or

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

28  to use the navigable waters and sovereignty submerged lands up

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

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

31  Legislature expressly finds and declares:

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    Florida Senate - 2000                    CS for CS for SB 1824
    312-2170-00




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

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

  3  from sovereignty submerged lands under navigable nontidal

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

  5  meaning as historically applied in Florida and with its

  6  intended purpose as an observable physical boundary that

  7  landowners and members of the public can readily identify.

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

  9  from state deeds or grants that purported to convey

10  nonsovereignty lands, but that may have included sovereignty

11  submerged lands within the boundaries described in the deed or

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

13  that the lands purportedly conveyed are located above the

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

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

16  title to sovereignty submerged lands under navigable waters,

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

18  the navigable waters and sovereignty submerged lands

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

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

21  forth in this section.

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

23  property which is derived from a properly recorded deed or

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

25  Trustees of the Internal Improvement Trust Fund or by any

26  other state agency or official; which conveyed swamp or

27  overflowed lands, internal improvement lands, or other

28  nonsovereignty lands; and which contains a legal description

29  that encompasses sovereignty submerged lands.

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

31  confirm, and validate private waterfront landowners' title to

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    Florida Senate - 2000                    CS for CS for SB 1824
    312-2170-00




  1  swamp and overflowed lands, internal improvement lands, and

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

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

  4  grants to which this section applies shall retain all riparian

  5  rights held by private waterfront landowners.

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

  7  sovereignty submerged lands under navigable waters up to the

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

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

10  public's rights to use navigable waters and sovereignty

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

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

13  this act affect the ownership by the state of sovereignty

14  submerged lands lying below that mark.

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

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

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

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

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

20  ambulatory line, shifting in response to long-term changes.

21  The ordinary high-water mark is to be determined by examining

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

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

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

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

26  vegetation and the nature of the soil itself. It is coordinate

27  with the limit of the bed the water occupies sufficiently long

28  and continuously to wrest it from vegetation and destroy its

29  value for agricultural purposes. Where the banks are low and

30  flat and the water does not impress on the soil any

31  well-defined line of demarcation between the bed and the

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    Florida Senate - 2000                    CS for CS for SB 1824
    312-2170-00




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

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

  3  boundary between the property of the riparian owner and that

  4  of the public. In such an instance, the ordinary high-water

  5  mark is the point up to which the presence and action of the

  6  water is so continuous as to destroy the value of the land for

  7  agricultural purposes by preventing the growth of vegetation

  8  constituting what may be termed an ordinary agricultural crop.

  9  Marks upon the ground or upon local objects which are more or

10  less permanent may be considered in connection with competent

11  testimony and other evidence in determining the ordinary

12  high-water mark.

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

14  supersede any specific grant of submerged lands granted to a

15  governmental entity by special act.

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

17  law.

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    Florida Senate - 2000                    CS for CS for SB 1824
    312-2170-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                       CS Senate Bill 1824

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  4  The amendment deleted everything after the enacting clause.
    The committee substitute (CS) creates s. 253.90, F.S., which
  5  provides intent to resolve the uncertainty and controversy
    arising from the assertion of state sovereignty ownership
  6  claims and public rights to lands that were purportedly
    conveyed by state deeds or grants as nonsovereignty lands, in
  7  a manner that fairly protects the interests of private
    landowners whose titles are derived from such state deeds or
  8  grants while preserving the public's ownership of and rights
    to use the navigable waters and sovereignty submerged lands up
  9  to the ordinary high-water mark.

10  The CS provides that it is in the public interest that:

11  -     The ordinary high-water mark be clearly defined,
          consistent with its common law meaning as historically
12        applied in Florida and with its intended purpose as an
          observable physical boundary that landowners and members
13        of the public can readily identify.

14  -     Titles derived from state deeds or grants that purported
          to convey nonsovereignty lands, but that may have
15        included sovereignty submerged lands within the
          boundaries described in the deed or grant, be ratified,
16        confirmed, and validated to the extent that the lands
          purportedly conveyed are located above the ordinary
17        high-water mark, as set forth in this section.

18  -     The state's title to sovereignty submerged lands under
          navigable waters, which have not been alienated, and the
19        public's rights to use the navigable waters and
          sovereignty submerged lands thereunder, be reaffirmed to
20        the extent that such waters and lands are located below
          the ordinary high-water mark as set forth in this
21        section.

22  The CS provides that s. 253.90, F.S., pertains to any title to
    real property which is derived from a properly recorded deed
23  or grant made before this act takes effect by the Board of
    Trustees or by any other state agency or official; which
24  conveyed swamp or overflowed lands, internal improvement
    lands, or other nonsovereignty lands; and which contains a
25  legal description that encompasses sovereignty submerged
    lands.
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    Section 253.90, F.S., must be construed to ratify private
27  waterfront owner's title to swamp and overflowed lands,
    internal improvement lands, and any other nonsovereignty lands
28  down to the ordinary high-water mark of navigable waters. It
    also reaffirms the state's title to sovereignty submerged
29  lands under navigable waters up to the ordinary high-water
    boundary. The bill clarifies that the act in no way alters the
30  public's rights to use navigable waters and sovereignty
    submerged lands for common law public trust purposes up to the
31  ordinary high-water mark as defined in this section, nor does
    this act affect the ownership by the state of sovereignty
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    Florida Senate - 2000                    CS for CS for SB 1824
    312-2170-00




  1  submerged lands lying below the mark.

  2  The CS defines the "ordinary high-water mark" of nontidal
    waters as not the highest point to which the water rises in
  3  time of freshets, but as the line that the water impresses
    upon the soil by covering it for periods sufficient to deprive
  4  it of vegetation and to destroy its value for agriculture. It
    is an ambulatory line, shifting in response to long-term
  5  changes. The ordinary high-water mark is to be determined by
    examining the bed and banks to ascertain where the presence
  6  and action of the water are so common and usual, and so long
    continued in all ordinary years, as to mark upon the soil of
  7  the bed a character distinct from that of the banks, in
    respect to vegetation and the nature of the soil itself. It is
  8  coordinate with the limit of the bed the water occupies
    sufficiently long and continuously to wrest it from vegetation
  9  and destroy its value for agricultural purposes. Where the
    banks are low and flat and the water does not impress on the
10  soil any well-defined line of demarcation between the bed and
    the banks, the effect of the water upon vegetation shall be
11  the principal test in determining the location of the line as
    the boundary between the property of the riparian owner and
12  that of the public. In such an instance, the ordinary
    high-water mark is the point up to which the presence and
13  action of the water is so continuous as to destroy the value
    of the land for agricultural purposes by preventing the growth
14  of vegetation constituting what may be termed an ordinary
    agricultural crop. Marks upon the ground or upon local objects
15  which are more or less permanent may be considered in
    connection with competent testimony and other evidence in
16  determining the ordinary high-water mark.

17  Finally, the CS clarifies that it is not the intent of the
    Legislature to supersede any specific grant of submerged lands
18  granted to a governmental entity by special act.

19  The bill will take effect upon becoming a law.

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