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_h1369__
HB 1369

1
A bill to be entitled
2An act relating to the line of ordinary high water
3dividing sovereign and riparian ownership in certain
4navigable freshwater bodies; creating s. 253.024, F.S.;
5defining the term "ordinary high-water line" for purposes
6of ch. 253, F.S., relating to state lands; amending ss.
7197.502, 258.39, 258.399, 380.0555, and 403.813, F.S.,
8relating to property descriptions in tax deeds, boundaries
9of aquatic preserves, and the Apalachicola Bay Area;
10providing a definition; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 253.024, Florida Statutes, is created
15to 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
19term "ordinary high-water line" includes the terms "ordinary
20high-water mark," "line of ordinary high water," and "ordinary
21high watermark", and the term "freshet" means a flood or
22overflowing of a river, by means of rains or melted snow, or an
23inundation.
24     (2)  The ordinary high-water line is a water mark that is
25coordinate with the limit of the bed of a freshwater body; and
26that only is to be considered the bed that the water occupies
27sufficiently long and continuously to wrest it from vegetation
28and destroy its value for agricultural purposes. Any necessary
29determination of the location of the ordinary high-water mark
30must be made by examining the bed and the banks of the
31freshwater body, and ascertaining where the presence and action
32of the water are so common and usual, and so long continued in
33all ordinary years, as to mark upon the soil of the bed a
34character distinct from that of the banks, in respect to
35vegetation, as well as respects the nature of the soil itself.
36Ordinarily the slope of the bank and the character of the soil
37of the bank soil are such that the water impresses a distinct
38character on the soil as well as on the vegetation; in some
39places, however, where the banks are low and flat, the water
40does not impress on the soil any well-defined line of
41demarcation between the bed and the banks. In such cases, the
42effect of the water upon vegetation must be the principal test
43in determining the location of ordinary high-water mark. Such
44location is the point up to which the presence and action of the
45water is so continuous as to destroy the value of the land for
46agricultural purposes by preventing the growth of vegetation
47that constitutes an ordinary agricultural crop. The ordinary
48high-water mark on a freshwater river is not the highest point
49to which the water rises in times of freshets, but is the line
50that the river impresses upon the soil by covering it for
51sufficient periods to deprive it of vegetation and to destroy
52its value for agriculture.
53     Section 2.  Paragraph (h) of subsection (4) of section
54197.502, Florida Statutes, is amended to read:
55     197.502  Application for obtaining tax deed by holder of
56tax sale certificate; fees.--
57     (4)  The tax collector shall deliver to the clerk of the
58circuit court a statement that payment has been made for all
59outstanding certificates or, if the certificate is held by the
60county, that all appropriate fees have been deposited, and
61stating that the following persons are to be notified prior to
62the sale of the property:
63     (h)  Any legal titleholder of record of property that is
64contiguous to the property described in the tax certificate,
65when the property described is either submerged land or common
66elements of a subdivision, if the address of the titleholder of
67contiguous property appears on the record of conveyance of the
68land to that legal titleholder. However, if the legal
69titleholder of property contiguous to the property described in
70the tax certificate is the same as the person to whom the
71property described in the tax certificate was assessed on the
72tax roll for the year in which the property was last assessed,
73the notice may be mailed only to the address of the legal
74titleholder as it appears on the latest assessment roll. As used
75in this chapter, the term "contiguous" means touching, meeting,
76or joining at the surface or border, other than at a corner or a
77single point, and not separated by submerged lands. Submerged
78lands lying below the ordinary high-water line, as defined in s.
79253.024, mark which are sovereignty lands are not part of the
80upland contiguous property for purposes of notification.
81
82The statement must be signed by the tax collector, with the tax
83collector's seal affixed. The tax collector may purchase a
84reasonable bond for errors and omissions of his or her office in
85making such statement. The search of the official records must
86be made by a direct and inverse search. "Direct" means the index
87in straight and continuous alphabetic order by grantor, and
88"inverse" means the index in straight and continuous alphabetic
89order by grantee.
90     Section 3.  Subsections (6) and (30) of section 258.39,
91Florida Statutes, is amended to read:
92     258.39  Boundaries of preserves.--The submerged lands
93included within the boundaries of Nassau, Duval, St. Johns,
94Flagler, Volusia, Brevard, Indian River, St. Lucie, Charlotte,
95Pinellas, Martin, Palm Beach, Dade, Monroe, Collier, Lee,
96Citrus, Franklin, Gulf, Bay, Okaloosa, Marion, Santa Rosa,
97Hernando, and Escambia Counties, as hereinafter described, with
98the exception of privately held submerged lands lying landward
99of established bulkheads and of privately held submerged lands
100within Monroe County where the establishment of bulkhead lines
101is not required, are hereby declared to be aquatic preserves.
102Such aquatic preserve areas include:
103     (6)  Banana River Aquatic Preserve, as described in the
104Official Records of Brevard County in Book 1143, pages 195-198,
105and the sovereignty submerged lands lying within the following
106described boundaries: BEGIN at the intersection of the westerly
107ordinary high-water high water line of Newfound Harbor with the
108North line of Section 12, Township 25 South, Range 36 East,
109Brevard County: Thence proceed northeasterly crossing Newfound
110Harbor to the intersection of the South line of Section 31,
111Township 24 South, Range 37 East, with the easterly ordinary
112high-water high water line of said Newfound Harbor; thence
113proceed northerly along the easterly ordinary high-water high
114water line of Newfound Harbor to its intersection with the
115easterly ordinary high-water high water line of Sykes Creek;
116thence proceed northerly along the easterly ordinary high-water
117high water line of said creek to its intersection with the
118southerly right-of-way of Hall Road; thence proceed westerly
119along said right-of-way to the westerly ordinary high-water high
120water line of Sykes Creek; thence southerly along said ordinary
121high-water high water line to its intersection with the ordinary
122high-water high water line of Newfound Harbor; thence proceed
123southerly along the westerly ordinary high-water high water line
124of Newfound Harbor to the POINT OF BEGINNING. As used in this
125subsection, the term "ordinary high-water line" has the same
126meaning as in s. 253.024.
127     (30)  Wekiva River Aquatic Preserve, the boundaries of
128which are generally:  All the state-owned sovereignty lands
129lying waterward of the ordinary high-water line mark of the
130Wekiva River and the Little Wekiva River and their tributaries
131lying and being in Lake, Seminole, and Orange counties and more
132particularly described as follows:
133     (a)  In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
13430, Township 20 South, Range 29 East. These sections are also
135depicted on the Forest City Quadrangle (U.S.G.S. 7.5 minute
136series-topographic) 1959 (70PR); and
137     (b)  In Sections 3, 4, 8, 9, and 10, Township 20 South,
138Range 29 East and in Sections 21, 28, and 33, Township 19 South,
139Range 29 East lying north of the right-of-way for the Atlantic
140Coast Line Railroad and that part of Section 33, Township 19
141South, Range 29 East lying between the Lake and Orange County
142lines and the right-of-way of the Atlantic Coast Line Railroad.
143These 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
146lands whether public or private below the ordinary high-water
147line mark of the Wekiva River and the Little Wekiva and their
148tributaries within the Peter Miranda Grant in Lake County lying
149below the 10 foot m.s.l. contour line nearest the meander line
150of the Wekiva River and all state-owned sovereignty lands,
151public lands, and lands whether public or private below the
152ordinary high-water line mark of the Wekiva River and the Little
153Wekiva and their tributaries within the Moses E. Levy Grant in
154Lake County below the 10 foot m.s.l. contour line nearest the
155meander lines of the Wekiva River and Black Water Creek as
156depicted on the PINE LAKES 1962 (70-1), ORANGE CITY 1964 (70PR),
157SANFORD 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
160lands whether public or private below the ordinary high-water
161line mark of the Wekiva River and the Little Wekiva River and
162their tributaries lying below the 10 foot m.s.l. contour line
163nearest the meander line of the Wekiva and St. John's Rivers as
164shown on the ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
165SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5 minute
166topographic) within the following described property: Beginning
167at a point on the south boundary of the Moses E. Levy Grant,
168Township 19 South, Range 29 East, at its intersection with the
169meander line of the Wekiva River; thence south 60 1/2 degrees
170east along said boundary line 4,915.68 feet; thence north 29 1/2
171degrees east 15,516.5 feet to the meander line of the St. John's
172River; thence northerly along the meander line of the St. John's
173River to the mouth of the Wekiva River; thence southerly along
174the meander line of the Wekiva River to the beginning; and
175     (e)  All state-owned sovereignty lands, public lands, and
176lands whether public or private below the ordinary high-water
177line mark of the Wekiva River and the Little Wekiva River and
178their tributaries within the Peter Miranda Grant lying east of
179the Wekiva River, less the following:
180     1.  State Road 46 and all land lying south of said State
181Road No. 46.
182     2.  Beginning 15.56 chains West of the Southeast corner of
183the SW 1/4 of the NE 1/4 of Section 21, Township 19 South, Range
18429 East, run east 600 feet; thence north 960 feet; thence west
185340 feet to the Wekiva River; thence southwesterly along said
186Wekiva River to point of beginning.
187     3.  That part of the east 1/4 of the SW 1/4 of Section 22,
188Township 19 South, Range 29 East, lying within the Peter Miranda
189Grant east of the Wekiva River.
190     (f)  All the sovereignty submerged lands lying within the
191following described boundaries:  Begin at the intersection of
192State Road 44 and the westerly ordinary high-water high water
193line of the St. Johns River, Section 22, Township 17 South,
194Range 29 East, Lake County: Thence proceed southerly along the
195westerly ordinary high-water high water line of said river and
196its tributaries to the intersection of the northerly right-of-
197way of State Road 400; thence proceed northeasterly along said
198right-of-way to the easterly ordinary high-water high water line
199of the St. Johns River; thence proceed northerly along said
200ordinary high-water high water line of the St. Johns River and
201its tributaries to its intersection with the easterly ordinary
202high-water high water line of Lake Beresford; thence proceed
203northerly along the ordinary high-water high water line of said
204lake to its intersection with the westerly line of Section 24,
205Township 17 South, Range 29 East; thence proceed northerly to
206the southerly right-of-way of West New York Avenue; thence
207proceed westerly along the southerly right-of-way of said avenue
208to its intersection with the southerly right-of-way line of
209State Road 44; thence proceed southwesterly along said right-of-
210way to the point of beginning.
211
212As used in this subsection, the term "ordinary high-water line"
213has the same meaning as in s. 253.024.
214     Section 4.  Section 258.399, Florida Statutes, is amended
215to read:
216     258.399  Oklawaha River Aquatic Preserve.--The following
217described area in Marion County is designated by the Legislature
218for inclusion into the aquatic preserve system under the Florida
219Aquatic Preserve Act of 1975. Such area, to be known as the
220Oklawaha River Aquatic Preserve, shall be included in the
221aquatic preserve system and shall include the following
222described property. The Oklawaha River Aquatic Preserve shall
223consist of those state-owned sovereignty submerged lands lying
224below the ordinary high-water high water line of said land,
225located in Marion County. The preserve is more specifically
226described as:  Begin at the intersection of the southerly right-
227of-way of county road 316 and the westerly ordinary high-water
228high water line of the Oklawaha River, located in Section 9,
229Township 13 South, Range 24 East.  Thence from said point of
230beginning proceed southerly along the ordinary high-water high
231water line of the Oklawaha River and its tributaries to its
232intersection with the eastern line of Section 36, Township 15
233South, Range 23 East.  Thence proceed northerly along said
234Section line to its intersection with the easterly ordinary
235high-water high water line of the Oklawaha River.  Thence
236proceed northerly along said ordinary high-water high water line
237to its intersection with the southerly right-of-way of county
238road 316. Thence proceed west along said road to the point of
239beginning; including Eaton Creek upstream to the northern line
240of Section 3, Township 14 South, Range 24 East, Daisy Creek
241upstream to county road 315, Silver River upstream to the
242western line of Section 5, Township 15 South, Range 23 East.
243Less and except Dead River and Orange Drain. As used in this
244section, the term "ordinary high-water line" has the same
245meaning as in s. 253.024.
246     Section 5.  Paragraph (a) of subsection (10) of section
247380.0555, Florida Statutes, is amended to read:
248     380.0555  Apalachicola Bay Area; protection and designation
249as 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
253disposal system used in lieu of a standard subsurface system.
254     2.  "Critical shoreline zone" means all land within a
255distance of 150 feet landward of the mean high-water line in
256tidal areas, the ordinary high-water line, as defined in s.
257253.024, in nontidal areas, or the inland wetland areas existing
258along the streams, lakes, rivers, bays, and sounds within the
259Apalachicola Bay Area.
260     3.  "Pollution-sensitive segment of the critical shoreline"
261means an area which, due to its proximity to highly sensitive
262resources, including, but not limited to, productive shellfish
263beds and nursery areas, requires special regulatory attention.
264     4.  "Low-income family" means a group of persons residing
265together whose combined income does not exceed 200 percent of
266the 1985 Poverty Income Guidelines for all states and the
267District of Columbia, promulgated by the United States
268Department of Health and Human Services, as published in Volume
26950, No. 46 of the Federal Register, pages 9517-18. Income shall
270be as defined in said guidelines.
271     Section 6.  Paragraph (u) of subsection (2) of section
272403.813, 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
275373, chapter 61-691, Laws of Florida, or chapter 25214 or
276chapter 25270, 1949, Laws of Florida, for activities associated
277with the following types of projects; however, except as
278otherwise provided in this subsection, nothing in this
279subsection relieves an applicant from any requirement to obtain
280permission to use or occupy lands owned by the Board of Trustees
281of the Internal Improvement Trust Fund or any water management
282district in its governmental or proprietary capacity or from
283complying with applicable local pollution control programs
284authorized under this chapter or other requirements of county
285and municipal governments:
286     (u)  Notwithstanding any provision to the contrary in this
287subsection, a permit or other authorization under chapter 253,
288chapter 369, chapter 373, or this chapter is not required for an
289individual residential property owner for the removal of organic
290detrital material from freshwater rivers or lakes that have a
291natural sand or rocky substrate and that are not Aquatic
292Preserves or for the associated removal and replanting of
293aquatic vegetation for the purpose of environmental enhancement,
294providing that:
295     1.  No activities under this exemption are conducted in
296wetland areas, as defined by s. 373.019(22), which are supported
297by a natural soil as shown in applicable United States
298Department 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
301limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
302     4.  When removing organic detrital material, no portion of
303the underlying natural mineral substrate or rocky substrate is
304removed.
305     5.  Organic detrital material and plant material removed is
306deposited in an upland site in a manner that will not cause
307water quality violations.
308     6.  All activities are conducted in such a manner, and with
309appropriate turbidity controls, so as to prevent any water
310quality violations outside the immediate work area.
311     7.  Replanting with a variety of aquatic plants native to
312the state shall occur in a minimum of 25 percent of the
313preexisting vegetated areas where organic detrital material is
314removed, except for areas where the material is removed to bare
315rocky substrate; however, an area may be maintained clear of
316vegetation as an access corridor. The access corridor width may
317not exceed 50 percent of the property owner's frontage or 50
318feet, whichever is less, and may be a sufficient length
319waterward to create a corridor to allow access for a boat or
320swimmer to reach open water. Replanting must be at a minimum
321density of 2 feet on center and be completed within 90 days
322after removal of existing aquatic vegetation, except that under
323dewatered conditions replanting must be completed within 90 days
324after reflooding. The area to be replanted must extend waterward
325from the ordinary high-water high water line, as defined in s.
326253.024, to a point where normal water depth would be 3 feet or
327the preexisting vegetation line, whichever is less. Individuals
328are required to make a reasonable effort to maintain planting
329density for a period of 6 months after replanting is complete,
330and the plants, including naturally recruited native aquatic
331plants, must be allowed to expand and fill in the revegetation
332area. Native aquatic plants to be used for revegetation must be
333salvaged from the enhancement project site or obtained from an
334aquatic plant nursery regulated by the Department of Agriculture
335and Consumer Services. Plants that are not native to the state
336may not be used for replanting.
337     8.  No activity occurs any farther than 100 feet waterward
338of the ordinary high-water high water line, as defined in s.
339253.024, and all activities must be designed and conducted in a
340manner that will not unreasonably restrict or infringe upon the
341riparian rights of adjacent upland riparian owners.
342     9.  The person seeking this exemption notifies the
343applicable department district office in writing at least 30
344days before commencing work and allows the department to conduct
345a preconstruction site inspection. Notice must include an
346organic-detrital-material removal and disposal plan and, if
347applicable, a vegetation-removal and revegetation plan.
348     10.  The department is provided written certification of
349compliance with the terms and conditions of this paragraph
350within 30 days after completion of any activity occurring under
351this exemption.
352     Section 7.  This act shall take effect July 1, 2005.


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