Florida waterfront land bill

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May 4, 2005
4,062
Macgregor 26d Ft Lauderdale, Fl
looks like property owners could get the submerged lands if this passes:

http://www.sun-sentinel.com/news/opi...,3343285.story

South Florida Sun-Sentinel.com
Waterfront property owners win

February 4, 2012
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What better way to sneak through a bill than to give it a title like "Ordinary High-Water Mark for Navigable, Nontidal Waterbodies?"

Bored yet? You shouldn't be. Because this bill should more aptly be named "The Great Florida Public Land Giveaway."

Yep. A pair of bills in the state Legislature would give possibly a half-million acres of state land to some lucky waterfront property owners.

Florida has owned submerged lands since it became a state in 1845. Currently, the state's ownership is below what's known as the ordinary high-water mark. Private property begins above that. In essence, these bills would change that high-water mark from the waterway's reach during an ordinary wet season to a drier time of the year.

Anyone who has spent time in or around Florida's rivers and lakes knows how startling the shoreline changes between wet and dry seasons. Islands appear and disappear. Shorelines widen and narrow. Creeks dry up.

The differences are accentuated by Florida's flat geography, which means even a modest drop in water levels — just a few inches — can expose big chunks of shore.

Under these bills, that shore would effectively revert from public ownership to private ownership, without compensating the public. Estimates of the loss of public land range from 100,000 acres to 500,000 acres, an area about the size of the Smoky Mountains National Park. (The issue doesn't apply to beaches and waterways whose levels are influenced by tides.)

It's a windfall for property owners, but a rotten deal for hunters, kayakers and fishermen who lose access to public recreation areas. A kayaker who pulls her boat onto a riverbank during the dry season might face an angry property owner accusing her of trespassing. And woe to the hunter who gets caught with a firearm on public-turned-private property — he might get charged with a felony.

There's a bonus for waterfront property owners. Currently, if they want to use submerged public property for development they have to lease submerged property from the state. But not if this bill passes.

And this from a Legislature that wants to run the state like a business, as if successful businesses are in the habit of giving away their assets.

The Legislature tried this same stunt about 10 years ago, prompting then-Attorney General Bob Butterworth to call it the year's "dumbest" legislation.

We're not sure it rises to that level this year, but it's a contender.
 
Aug 8, 2006
340
Catalina 34 Naples FL
rebuttal

On the other hand if you are an owner it is pretty disgusting to police your waterfront continuoiusly as the public uses the land in front of your home as a garbage can, throws out trash and uses your bushes for a toilet for themselves and their pets. As a SW Florida resident I see a lot of this.
Your comment on the leasing of land is niave and I suspect you have not had to contend with this. I can tell you there is a lot more to it than you see on the face of things. Leasing your dock, that has been yours until the grandfathering ran out ,back from the state seems pretty unfair to property owners already paying high taxes.
 
Jun 16, 2010
495
In search of my next boat Palm Harbor, FL
On the other hand if the bill passes there is nothing from preventing you from moving a seawall out to the edge of your property, changing the coastline, filling in swamp areas, damaging the natural environment, and endangering wildlife. While there are certainly points to disrespectful people using public land as there personal landfills, this law would in no way stop people from doing it, and you as a land owner, don't gain any rights to stop it either. And if you think you do, try it.
 
May 4, 2005
4,062
Macgregor 26d Ft Lauderdale, Fl
re: leasing land, and everything but the title is from the online paper.
-read the link!

my concern would be about kayaks, and dingy's landing on a beach where the property owners chase you off.

-which occurs (illegally) in the bahamas.
 
Oct 26, 2005
2,057
- - Satellite Beach, FL.
From our history with the new dictator, the real target beneficiaries of this are likely to be big sugar and/or real estate developers.
He didn't spend $50 million of his own money for that seat just to be popular!
 

vetch

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Dec 3, 2011
111
Prout Manta 38 St. Augustine
If those lands are turned over to private hands what will that do to tax revenue? It seams like that is the big deal here. The government don't give anything away for free.
 
Sep 6, 2007
324
Catalina 320 Gulfport, Fl
This would be a great opportunity for the government to increase the property values and thereby increasing the TAXES :cussing:
 
Nov 26, 2008
1,970
Endeavour 42 Cruisin
inarathree said:
On the other hand if the bill passes there is nothing from preventing you from moving a seawall out to the edge of your property, changing the coastline, filling in swamp areas, damaging the natural environment, and endangering wildlife. While there are certainly points to disrespectful people using public land as there personal landfills, this law would in no way stop people from doing it, and you as a land owner, don't gain any rights to stop it either. And if you think you do, try it.
There is everything preventing this. Even on hi & dry land, you need permits for any construction. Filling swamps will be just about impossible.

Blocking access would be the only issue
 

vetch

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Dec 3, 2011
111
Prout Manta 38 St. Augustine
So you still can't develop it with out paying thousands in environmental impact statements and the government gets to charge you extra taxes.

Atleast you get to yell at the kids and tell them to get off your yard.
 
Oct 26, 2005
2,057
- - Satellite Beach, FL.
There is everything preventing this. Even on hi & dry land, you need permits for any construction. Filling swamps will be just about impossible.

Blocking access would be the only issue
We've seen filling of wetlands and dredging of new canals (both supposedly highly illegal) in a neighborhood on the Indian River side of North Merritt Island FL. There is some deal about preserving wetlands in one place and being able to fill in another. As for the canals, that was probably just a big payoff.
We used to own a house on the other side of the river from where this place is now and saw them filling these wetlands, about 15 years ago.
Most places in FL that end up butt deep in rain water after a storm are filled wetlands. Our politics have always been on the dark side of shadey and aren't much better today.
Our esteemed Governor has moved to privatize water of all things. I think air is next on his list.
 
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