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FL H1103

Bill

Status

Failed

3/9/2012

Primary Sponsor

Tom Goodson

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Creates section 253.024, Florida Statutes to define and establish criteria for determining the ordinary high-water mark for navigable, nontidal waterbodies

  • Defines "ordinary high-water mark" as the highest reach of a waterbody in its ordinary condition, excluding high water season levels and freshets (floods from rain, melted snow, or water inundation)

  • Establishes that the ordinary high-water mark is an ambulatory boundary determined by examining bed and banks for where water presence and action are continuous enough to mark soil character distinct from banks and destroy agricultural crop value

  • Provides that vegetation effects serve as the principal test in locations with low, flat banks lacking well-defined soil demarcation, and permits consideration of permanent marks on ground or local objects as supporting evidence

  • Preserves public rights to use navigable waters and sovereignty submerged lands for common law public trust purposes up to the ordinary high-water mark and does not affect public ownership of submerged lands below that mark; effective July 1, 2012

Legislative Description

Ordinary High-Water Mark for Navigable, Nontidal Waterbodies

Last Action

Died in Civil Justice Subcommittee

3/9/2012

Committee Referrals

Civil Justice Subcommittee1/17/2012
Agriculture And Natural Resources Subcommittee1/9/2012

Full Bill Text

No bill text available