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Florida Statute 177.28 - Full Text and Legal Analysis Florida Statute 177.28 | Lawyer Caselaw & Research
Fla. Stat. § 177.28 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
177.28 Legal significance of the mean high-water line.—
(1) Mean high-water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership. However, no provision of this part shall be deemed to constitute a waiver of state ownership of sovereignty submerged lands, nor shall any provision of this part be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors.
(2) No provision of this part shall be deemed to modify the common law of this state with respect to the legal effects of accretion, reliction, erosion, or avulsion.
History.—s. 4, ch. 74-56.

Cases Citing F.S. 177.28

Fla. Stat. § 177.28 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Trepanier v. Cnty. of Volusia, 965 So. 2d 276 (Fla. 5th DCA 2007).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 2682133

...Under that provision, title to the portion of the beach below the mean high water line is held by the state in trust for all the people. The "beach," however, includes more land than what is set aside for the people under the public trust doctrine. The area above the mean high water line is subject to private ownership. § 177.28(1), Fla....
...For example, the 2004 hurricanes resulted in the beach being closed to vehicles by the County for approximately four (4) months. To date, vehicles can only use the beach during low tide. Special common law rules and the Florida Constitution govern the boundaries of waterfront property. § 177.28(2), Fla....
0 red1 yellow6 green0 procedural
CriticizedSeverance (2012)
phrase: "criticizing"
Cited as authorityGreacen (2024)
phrase: "rule_authority"
Cited as authorityBuending (2024)
phrase: "rule_authority"
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This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.