HB 1369

1	A bill to be entitled
2	An act relating to the line of ordinary high water
3	dividing sovereign and riparian ownership in certain
4	navigable freshwater bodies; creating s. 253.024, F.S.;
5	defining the term "ordinary high-water line" for purposes
6	of ch. 253, F.S., relating to state lands; amending ss.
7	197.502, 258.39, 258.399, 380.0555, and 403.813, F.S.,
8	relating to property descriptions in tax deeds, boundaries
9	of aquatic preserves, and the Apalachicola Bay Area;
10	providing a definition; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 253.024, Florida Statutes, is created
15	to read:
16	253.024  Ordinary high-water line.--
17	(1)  This section applies when construing the term
18	"ordinary high-water line" as it is used in this chapter. The
19	term "ordinary high-water line" includes the terms "ordinary
20	high-water mark," "line of ordinary high water," and "ordinary
21	high watermark", and the term "freshet" means a flood or
22	overflowing of a river, by means of rains or melted snow, or an
23	inundation.
24	(2)  The ordinary high-water line is a water mark that is
25	coordinate with the limit of the bed of a freshwater body; and
26	that only is to be considered the bed that the water occupies
27	sufficiently long and continuously to wrest it from vegetation
28	and destroy its value for agricultural purposes. Any necessary
29	determination of the location of the ordinary high-water mark
30	must be made by examining the bed and the banks of the
31	freshwater body, and ascertaining where the presence and action
32	of the water are so common and usual, and so long continued in
33	all ordinary years, as to mark upon the soil of the bed a
34	character distinct from that of the banks, in respect to
35	vegetation, as well as respects the nature of the soil itself.
36	Ordinarily the slope of the bank and the character of the soil
37	of the bank soil are such that the water impresses a distinct
38	character on the soil as well as on the vegetation; in some
39	places, however, where the banks are low and flat, the water
40	does not impress on the soil any well-defined line of
41	demarcation between the bed and the banks. In such cases, the
42	effect of the water upon vegetation must be the principal test
43	in determining the location of ordinary high-water mark. Such
44	location is the point up to which the presence and action of the
45	water is so continuous as to destroy the value of the land for
46	agricultural purposes by preventing the growth of vegetation
47	that constitutes an ordinary agricultural crop. The ordinary
48	high-water mark on a freshwater river is not the highest point
49	to which the water rises in times of freshets, but is the line
50	that the river impresses upon the soil by covering it for
51	sufficient periods to deprive it of vegetation and to destroy
52	its value for agriculture.
53	Section 2.  Paragraph (h) of subsection (4) of section
54	197.502, Florida Statutes, is amended to read:
55	197.502  Application for obtaining tax deed by holder of
56	tax sale certificate; fees.--
57	(4)  The tax collector shall deliver to the clerk of the
58	circuit court a statement that payment has been made for all
59	outstanding certificates or, if the certificate is held by the
60	county, that all appropriate fees have been deposited, and
61	stating that the following persons are to be notified prior to
62	the sale of the property:
63	(h)  Any legal titleholder of record of property that is
64	contiguous to the property described in the tax certificate,
65	when the property described is either submerged land or common
66	elements of a subdivision, if the address of the titleholder of
67	contiguous property appears on the record of conveyance of the
68	land to that legal titleholder. However, if the legal
69	titleholder of property contiguous to the property described in
70	the tax certificate is the same as the person to whom the
71	property described in the tax certificate was assessed on the
72	tax roll for the year in which the property was last assessed,
73	the notice may be mailed only to the address of the legal
74	titleholder as it appears on the latest assessment roll. As used
75	in this chapter, the term "contiguous" means touching, meeting,
76	or joining at the surface or border, other than at a corner or a
77	single point, and not separated by submerged lands. Submerged
78	lands lying below the ordinary high-water line, as defined in s.
79	253.024, mark which are sovereignty lands are not part of the
80	upland contiguous property for purposes of notification.
81
82	The statement must be signed by the tax collector, with the tax
83	collector's seal affixed. The tax collector may purchase a
84	reasonable bond for errors and omissions of his or her office in
85	making such statement. The search of the official records must
86	be made by a direct and inverse search. "Direct" means the index
87	in straight and continuous alphabetic order by grantor, and
88	"inverse" means the index in straight and continuous alphabetic
89	order by grantee.
90	Section 3.  Subsections (6) and (30) of section 258.39,
91	Florida Statutes, is amended to read:
92	258.39  Boundaries of preserves.--The submerged lands
93	included within the boundaries of Nassau, Duval, St. Johns,
94	Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
95	Pinellas, Martin, Palm Beach, Dade, Monroe, Collier, Lee,
96	Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
97	Hernando, and Escambia Counties, as hereinafter described, with
98	the exception of privately held submerged lands lying landward
99	of established bulkheads and of privately held submerged lands
100	within Monroe County where the establishment of bulkhead lines
101	is not required, are hereby declared to be aquatic preserves.
102	Such aquatic preserve areas include:
103	(6)  Banana River Aquatic Preserve, as described in the
104	Official Records of Brevard County in Book 1143, pages 195-198,
105	and the sovereignty submerged lands lying within the following
106	described boundaries: BEGIN at the intersection of the westerly
107	ordinary high-water high water line of Newfound Harbor with the
108	North line of Section 12, Township 25 South, Range 36 East,
109	Brevard County: Thence proceed northeasterly crossing Newfound
110	Harbor to the intersection of the South line of Section 31,
111	Township 24 South, Range 37 East, with the easterly ordinary
112	high-water high water line of said Newfound Harbor; thence
113	proceed northerly along the easterly ordinary high-water high
114	water line of Newfound Harbor to its intersection with the
115	easterly ordinary high-water high water line of Sykes Creek;
116	thence proceed northerly along the easterly ordinary high-water
117	high water line of said creek to its intersection with the
118	southerly right-of-way of Hall Road; thence proceed westerly
119	along said right-of-way to the westerly ordinary high-water high
120	water line of Sykes Creek; thence southerly along said ordinary
121	high-water high water line to its intersection with the ordinary
122	high-water high water line of Newfound Harbor; thence proceed
123	southerly along the westerly ordinary high-water high water line
124	of Newfound Harbor to the POINT OF BEGINNING. As used in this
125	subsection, the term "ordinary high-water line" has the same
126	meaning as in s. 253.024.
127	(30)  Wekiva River Aquatic Preserve, the boundaries of
128	which are generally:  All the state-owned sovereignty lands
129	lying waterward of the ordinary high-water line mark of the
130	Wekiva River and the Little Wekiva River and their tributaries
131	lying and being in Lake, Seminole, and Orange counties and more
132	particularly described as follows:
133	(a)  In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
134	30, Township 20 South, Range 29 East. These sections are also
135	depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute
136	series-topographic) 1959 (70PR); and
137	(b)  In Sections 3, 4, 8, 9, and 10, Township 20 South,
138	Range 29 East and in Sections 21, 28, and 33, Township 19 South,
139	Range 29 East lying north of the right-of-way for the Atlantic
140	Coast Line Railroad and that part of Section 33, Township 19
141	South, Range 29 East lying between the Lake and Orange County
142	lines and the right-of-way of the Atlantic Coast Line Railroad.
143	These sections are also depicted on the Sanford SW Quadrangle
144	(U.S.G.S. 7.5 minute series-topographic) 1965 (70-1); and
145	(c)  All state-owned sovereignty lands, public lands, and
146	lands whether public or private below the ordinary high-water
147	line mark of the Wekiva River and the Little Wekiva and their
148	tributaries within the Peter Miranda Grant in Lake County lying
149	below the 10 foot m.s.l. contour line nearest the meander line
150	of the Wekiva River and all state-owned sovereignty lands,
151	public lands, and lands whether public or private below the
152	ordinary high-water line mark of the Wekiva River and the Little
153	Wekiva and their tributaries within the Moses E. Levy Grant in
154	Lake County below the 10 foot m.s.l. contour line nearest the
155	meander lines of the Wekiva River and Black Water Creek as
156	depicted on the PINE LAKES 1962 (70-1), ORANGE CITY 1964 (70PR),
157	SANFORD 1965 (70-1), and SANFORD S.W. 1965 (70-1) QUADRANGLES
158	(U.S.G.S. 7.5 minute topographic); and
159	(d)  All state-owned sovereignty lands, public lands, and
160	lands whether public or private below the ordinary high-water
161	line mark of the Wekiva River and the Little Wekiva River and
162	their tributaries lying below the 10 foot m.s.l. contour line
163	nearest the meander line of the Wekiva and St. John's Rivers as
164	shown on the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
165	SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute
166	topographic) within the following described property: Beginning
167	at a point on the south boundary of the Moses E. Levy Grant,
168	Township 19 South, Range 29 East, at its intersection with the
169	meander line of the Wekiva River; thence south 60 1/2 degrees
170	east along said boundary line 4,915.68 feet; thence north 29 1/2
171	degrees east 15,516.5 feet to the meander line of the St. John's
172	River; thence northerly along the meander line of the St. John's
173	River to the mouth of the Wekiva River; thence southerly along
174	the meander line of the Wekiva River to the beginning; and
175	(e)  All state-owned sovereignty lands, public lands, and
176	lands whether public or private below the ordinary high-water
177	line mark of the Wekiva River and the Little Wekiva River and
178	their tributaries within the Peter Miranda Grant lying east of
179	the Wekiva River, less the following:
180	1.  State Road 46 and all land lying south of said State
181	Road No. 46.
182	2.  Beginning 15.56 chains West of the Southeast corner of
183	the SW 1/4 of the NE 1/4 of Section 21, Township 19 South, Range
184	29 East, run east 600 feet; thence north 960 feet; thence west
185	340 feet to the Wekiva River; thence southwesterly along said
186	Wekiva River to point of beginning.
187	3.  That part of the east 1/4 of the SW 1/4 of Section 22,
188	Township 19 South, Range 29 East, lying within the Peter Miranda
189	Grant east of the Wekiva River.
190	(f)  All the sovereignty submerged lands lying within the
191	following described boundaries:  Begin at the intersection of
192	State Road 44 and the westerly ordinary high-water high water
193	line of the St. Johns River, Section 22, Township 17 South,
194	Range 29 East, Lake County: Thence proceed southerly along the
195	westerly ordinary high-water high water line of said river and
196	its tributaries to the intersection of the northerly right-of-
197	way of State Road 400; thence proceed northeasterly along said
198	right-of-way to the easterly ordinary high-water high water line
199	of the St. Johns River; thence proceed northerly along said
200	ordinary high-water high water line of the St. Johns River and
201	its tributaries to its intersection with the easterly ordinary
202	high-water high water line of Lake Beresford; thence proceed
203	northerly along the ordinary high-water high water line of said
204	lake to its intersection with the westerly line of Section 24,
205	Township 17 South, Range 29 East; thence proceed northerly to
206	the southerly right-of-way of West New York Avenue; thence
207	proceed westerly along the southerly right-of-way of said avenue
208	to its intersection with the southerly right-of-way line of
209	State Road 44; thence proceed southwesterly along said right-of-
210	way to the point of beginning.
211
212	As used in this subsection, the term "ordinary high-water line"
213	has the same meaning as in s. 253.024.
214	Section 4.  Section 258.399, Florida Statutes, is amended
215	to read:
216	258.399  Oklawaha River Aquatic Preserve.--The following
217	described area in Marion County is designated by the Legislature
218	for inclusion into the aquatic preserve system under the Florida
219	Aquatic Preserve Act of 1975. Such area, to be known as the
220	Oklawaha River Aquatic Preserve, shall be included in the
221	aquatic preserve system and shall include the following
222	described property. The Oklawaha River Aquatic Preserve shall
223	consist of those state-owned sovereignty submerged lands lying
224	below the ordinary high-water high water line of said land,
225	located in Marion County. The preserve is more specifically
226	described as:  Begin at the intersection of the southerly right-
227	of-way of county road 316 and the westerly ordinary high-water
228	high water line of the Oklawaha River, located in Section 9,
229	Township 13 South, Range 24 East.  Thence from said point of
230	beginning proceed southerly along the ordinary high-water high
231	water line of the Oklawaha River and its tributaries to its
232	intersection with the eastern line of Section 36, Township 15
233	South, Range 23 East.  Thence proceed northerly along said
234	Section line to its intersection with the easterly ordinary
235	high-water high water line of the Oklawaha River.  Thence
236	proceed northerly along said ordinary high-water high water line
237	to its intersection with the southerly right-of-way of county
238	road 316. Thence proceed west along said road to the point of
239	beginning; including Eaton Creek upstream to the northern line
240	of Section 3, Township 14 South, Range 24 East, Daisy Creek
241	upstream to county road 315, Silver River upstream to the
242	western line of Section 5, Township 15 South, Range 23 East.
243	Less and except Dead River and Orange Drain. As used in this
244	section, the term "ordinary high-water line" has the same
245	meaning as in s. 253.024.
246	Section 5.  Paragraph (a) of subsection (10) of section
247	380.0555, Florida Statutes, is amended to read:
248	380.0555  Apalachicola Bay Area; protection and designation
249	as area of critical state concern.--
250	(10)  REQUIREMENTS; LOCAL GOVERNMENTS.--
251	(a)  As used in this subsection:
252	1.  "Alternative onsite system" means any approved onsite
253	disposal system used in lieu of a standard subsurface system.
254	2.  "Critical shoreline zone" means all land within a
255	distance of 150 feet landward of the mean high-water line in
256	tidal areas, the ordinary high-water line, as defined in s.
257	253.024, in nontidal areas, or the inland wetland areas existing
258	along the streams, lakes, rivers, bays, and sounds within the
259	Apalachicola Bay Area.
260	3.  "Pollution-sensitive segment of the critical shoreline"
261	means an area which, due to its proximity to highly sensitive
262	resources, including, but not limited to, productive shellfish
263	beds and nursery areas, requires special regulatory attention.
264	4.  "Low-income family" means a group of persons residing
265	together whose combined income does not exceed 200 percent of
266	the 1985 Poverty Income Guidelines for all states and the
267	District of Columbia, promulgated by the United States
268	Department of Health and Human Services, as published in Volume
269	50, No. 46 of the Federal Register, pages 9517-18. Income shall
270	be as defined in said guidelines.
271	Section 6.  Paragraph (u) of subsection (2) of section
272	403.813, Florida Statutes, is amended to read:
273	403.813  Permits issued at district centers; exceptions.--
274	(2)  A permit is not required under this chapter, chapter
275	373, chapter 61-691, Laws of Florida, or chapter 25214 or
276	chapter 25270, 1949, Laws of Florida, for activities associated
277	with the following types of projects; however, except as
278	otherwise provided in this subsection, nothing in this
279	subsection relieves an applicant from any requirement to obtain
280	permission to use or occupy lands owned by the Board of Trustees
281	of the Internal Improvement Trust Fund or any water management
282	district in its governmental or proprietary capacity or from
283	complying with applicable local pollution control programs
284	authorized under this chapter or other requirements of county
285	and municipal governments:
286	(u)  Notwithstanding any provision to the contrary in this
287	subsection, a permit or other authorization under chapter 253,
288	chapter 369, chapter 373, or this chapter is not required for an
289	individual residential property owner for the removal of organic
290	detrital material from freshwater rivers or lakes that have a
291	natural sand or rocky substrate and that are not Aquatic
292	Preserves or for the associated removal and replanting of
293	aquatic vegetation for the purpose of environmental enhancement,
294	providing that:
295	1.  No activities under this exemption are conducted in
296	wetland areas, as defined by s. 373.019(22), which are supported
297	by a natural soil as shown in applicable United States
298	Department of Agriculture county soil surveys.
299	2.  No filling or peat mining is allowed.
300	3.  No removal of native wetland trees, including, but not
301	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
302	4.  When removing organic detrital material, no portion of
303	the underlying natural mineral substrate or rocky substrate is
304	removed.
305	5.  Organic detrital material and plant material removed is
306	deposited in an upland site in a manner that will not cause
307	water quality violations.
308	6.  All activities are conducted in such a manner, and with
309	appropriate turbidity controls, so as to prevent any water
310	quality violations outside the immediate work area.
311	7.  Replanting with a variety of aquatic plants native to
312	the state shall occur in a minimum of 25 percent of the
313	preexisting vegetated areas where organic detrital material is
314	removed, except for areas where the material is removed to bare
315	rocky substrate; however, an area may be maintained clear of
316	vegetation as an access corridor. The access corridor width may
317	not exceed 50 percent of the property owner's frontage or 50
318	feet, whichever is less, and may be a sufficient length
319	waterward to create a corridor to allow access for a boat or
320	swimmer to reach open water. Replanting must be at a minimum
321	density of 2 feet on center and be completed within 90 days
322	after removal of existing aquatic vegetation, except that under
323	dewatered conditions replanting must be completed within 90 days
324	after reflooding. The area to be replanted must extend waterward
325	from the ordinary high-water high water line, as defined in s.
326	253.024, to a point where normal water depth would be 3 feet or
327	the preexisting vegetation line, whichever is less. Individuals
328	are required to make a reasonable effort to maintain planting
329	density for a period of 6 months after replanting is complete,
330	and the plants, including naturally recruited native aquatic
331	plants, must be allowed to expand and fill in the revegetation
332	area. Native aquatic plants to be used for revegetation must be
333	salvaged from the enhancement project site or obtained from an
334	aquatic plant nursery regulated by the Department of Agriculture
335	and Consumer Services. Plants that are not native to the state
336	may not be used for replanting.
337	8.  No activity occurs any farther than 100 feet waterward
338	of the ordinary high-water high water line, as defined in s.
339	253.024, and all activities must be designed and conducted in a
340	manner that will not unreasonably restrict or infringe upon the
341	riparian rights of adjacent upland riparian owners.
342	9.  The person seeking this exemption notifies the
343	applicable department district office in writing at least 30
344	days before commencing work and allows the department to conduct
345	a preconstruction site inspection. Notice must include an
346	organic-detrital-material removal and disposal plan and, if
347	applicable, a vegetation-removal and revegetation plan.
348	10.  The department is provided written certification of
349	compliance with the terms and conditions of this paragraph
350	within 30 days after completion of any activity occurring under
351	this exemption.
352	Section 7.  This act shall take effect July 1, 2005.

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