Florida Statute 253.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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F.S. 253.04

253.04 Duty of board to protect, etc., state lands; state may join in any action brought.—

(1) The Board of Trustees of the Internal Improvement Trust Fund may police; protect; conserve; improve; and prevent trespass, damage, or depredation upon the lands and the products thereof, on or under the same, owned by the state as set forth in s. 253.03. The board may bring in the name of the board all suits in ejectment, suits for damage, and suits in trespass which in the judgment of the board may be necessary to the full protection and conservation of such lands, or it may take such other action or do such other things as may in its judgment be necessary for the full protection and conservation of such lands; and the state may join with the board in any action or suit, or take part in any proceeding, when it may deem necessary, in the name of this state through the Department of Legal Affairs.

(2) In lieu of seeking monetary damages pursuant to subsection (1) against any person or the agent of any person who has been found to have willfully damaged lands of the state, the ownership or boundaries of which have been established by the state, to have willfully damaged or removed products thereof in violation of state or federal law, to have knowingly refused to comply with or willfully violated the provisions of this chapter, or to have failed to comply with an order of the board to remove or alter any structure or vessel that is not in compliance with applicable rules or with conditions of authorization to locate such a structure or vessel on state-owned land, the board may impose a fine for each offense in an amount up to $10,000 to be fixed by rule and imposed and collected by the board in accordance with the provisions of chapter 120. Each day during any portion of which such violation occurs constitutes a separate offense. This subsection does not apply to any act or omission which is currently subject to litigation wherein the state or any agency of the state is a party as of October 1, 1984, or to any person who holds such lands under color of title. Nothing contained herein impairs the rights of any person to obtain a judicial determination in a court of competent jurisdiction of such person’s interest in lands that are the subject of a claim or proceeding by the department under this subsection.

(3)(a) The duty to conserve and improve state-owned lands and the products thereof includes the preservation and regeneration of seagrass, which is deemed essential to the oceans, gulfs, estuaries, and shorelines of the state. A person operating a vessel outside a lawfully marked channel in a careless manner that causes seagrass scarring within an aquatic preserve established in ss. 258.39-258.3991, with the exception of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow Springs aquatic preserves, commits a noncriminal infraction, punishable as provided in s. 327.73. Each violation is a separate offense. As used in this subsection, the term:

1. “Seagrass” means Cuban shoal grass (Halodule wrightii), turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), star grass (Halophila engelmannii), paddle grass (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii), or widgeon grass (Ruppia maritima).

2. “Seagrass scarring” means destruction of seagrass roots, shoots, or stems that results in tracks on the substrate commonly referred to as prop scars or propeller scars caused by the operation of a motorized vessel in waters supporting seagrasses.

(b) Any violation under paragraph (a) is a violation of the vessel laws of this state and shall be charged on a uniform boating citation as provided in s. 327.74. Any person who refuses to post a bond or accept and sign a uniform boating citation commits a misdemeanor of the second degree, as provided in s. 327.73(3), punishable as provided in s. 775.082 or s. 775.083.

(4) Whenever any person or the agent of any person knowingly refuses to comply with or willfully violates any of the provisions of this chapter so that such person causes damage to the lands of the state or products thereof, including removal of those products, such violator is liable for such damage. Whenever two or more persons or their agents cause damage, and if such damage is indivisible, each violator is jointly and severally liable for such damage; however, if such damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage and subject to the fine attributable to his or her violation.

(5) If a person or the person’s agent as described in subsection (2) fails to comply with an order of the board to remove or alter a structure on state-owned land, the board may alter or remove the structure and recover the cost of the removal or alteration from such person.

(6) All fines imposed and damages awarded pursuant to this section are a lien upon the real and personal property of the violator or violators, enforceable by the Department of Environmental Protection as are statutory liens under chapter 85.

(7) All moneys collected pursuant to fines imposed or damages awarded pursuant to this section shall be deposited into the Internal Improvement Trust Fund created by s. 253.01 and used for the purposes defined in that section.

History.—s. 2, ch. 15642, 1931; CGL 1936 Supp. 1446(14); s. 11, ch. 25035, 1949; s. 2, ch. 61-119; ss. 11, 27, 35, ch. 69-106; s. 11, ch. 84-79; s. 2, ch. 89-174; s. 10, ch. 89-175; s. 2, ch. 91-175; s. 15, ch. 91-286; s. 70, ch. 94-356; s. 844, ch. 95-148; ss. 3, 59, ch. 2009-86; s. 1, ch. 2024-180.

F.S. 253.04 on Google Scholar

F.S. 253.04 on Casetext

Amendments to 253.04

Arrestable Offenses / Crimes under Fla. Stat. 253.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

S253.04 3b - RESIST OFFICER - REFUSE POST BOND ACCEPT SIGN BOATING CITATION - M: S

S253.04 4b - RESIST OFFICER - RENUMBERED SEE REC #7342 - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 253.04

Total Results: 20

Damien B. Ford v. Florida Hospital East Orlando

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-28T00:53:00-07:00

Snippet: Order No. 12-023, 2012 Fla. Div. Adm. Hear. LEXIS 253, *4 (FCHR May 16, 2012) (a hospital cafeteria cannot

Ford v. Fla. Hosp. E. Orlando

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-28T00:00:00-07:00

Citation: 274 So. 3d 1156

Snippet: Order No. 12-023, 2012 Fla. Div. Adm. Hear. LEXIS 253, *4 (FCHR May 16, 2012) (a hospital cafeteria cannot

Ford v. Fla. Hosp. E. Orlando

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-28T00:00:00-07:00

Citation: 274 So. 3d 1156

Snippet: Order No. 12-023, 2012 Fla. Div. Adm. Hear. LEXIS 253, *4 (FCHR May 16, 2012) (a hospital cafeteria cannot

Debra LaFave v. State of Florida

Court: Fla. | Date Filed: 2014-10-16T00:00:00-07:00

Citation: 149 So. 3d 662, 39 Fla. L. Weekly Supp. 640, 2014 Fla. LEXIS 3067

Snippet: Pettis, 520 So. 2d 250, 253 -4- (Fla. 1988)). The district

Gonzalez v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-30T00:00:00-07:00

Citation: 120 So. 3d 234, 2013 WL 4609982, 2013 Fla. App. LEXIS 13969

Snippet: the cost of the investigation in the amount of $2,253.04. This timely appeal follows. 2. Failure to Terminate

Griffis v. Florida Fish & Wildlife Conservation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-28T00:00:00-07:00

Citation: 57 So. 3d 929, 2011 Fla. App. LEXIS 4181, 2011 WL 1108797

Snippet: 932 in state waters" imposed under sections 253.04(1), and (3)). 3. "[A] defendant may not be

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-13T00:53:00-07:00

Citation: 794 So. 2d 696

Snippet: , Florida Constitution, and sections 253.03 and 253.04, Florida Statutes (1999). None of the cited constitutional…addition, the notice of rule development lists section 253.04, Florida Statutes (1999), which provides in pertinent

Coastal Petroleum Co. v. Chiles

Court: Fla. Dist. Ct. App. | Date Filed: 1996-04-03T23:53:00-08:00

Citation: 672 So. 2d 571

Snippet: trustees' broad authority pursuant to section 253.04, Florida Statutes (1941), which provides that the…of the said lands." We do not read section 253.04, which recites the general duty of the trustees…contracts. We therefore cannot agree that section 253.04 provides a valid basis for the trustees' actions

Mitchel v. CIGNA PROPERTY AND CAS. INS.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-14T00:53:00-07:00

Citation: 625 So. 2d 862

Snippet: 865 properly viewed as one imposed under sections 253.04 (1), (3), Florida Statutes (1991), which indeed

Florida Elks Children's Hospital v. Stanley

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-04T00:00:00-08:00

Citation: 610 So. 2d 538, 1992 Fla. App. LEXIS 12121, 1992 WL 355045

Snippet: the purpose desired. Strickland, 18 So.2d at 252, 253-4. It is evident that Strickland involved the construction

State v. Leavins

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-11T00:53:00-07:00

Citation: 599 So. 2d 1326

Snippet: State Concern Restoration Trust Fund; amending s. 253.04, F.S.; authorizing the Department of Natural Resources

Board of Trustees, Internal Imp. Trust Fund v. Bd. of Professional Land Surveyors

Court: Fla. Dist. Ct. App. | Date Filed: 1990-09-13T00:53:00-07:00

Citation: 566 So. 2d 1358

Snippet: Board of Trustees, the body authorized by section 253.04(1), Florida Statutes, to protect and conserve state

State v. Diamond

Court: Fla. Dist. Ct. App. | Date Filed: 1989-12-27T23:53:00-08:00

Citation: 553 So. 2d 1185

Snippet: remedy under these circumstances. 520 So.2d at 253. [4] Fla.R.Civ.P. 1.360. [5] See, for example, the

City of New Smyrna Beach v. BD. OF TRUSTEES, INTERNAL IMP. TR. F.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-05-11T00:53:00-07:00

Citation: 543 So. 2d 824

Snippet: [1] See Art. X, § 11, Fla. Const; §§ 253.001, 253.04(1), Fla. Stat. (1987). [2] Prior to trial, the

CONT. CONST. CO. v. Bd. of Trustees

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-17T23:53:00-08:00

Citation: 464 So. 2d 204

Snippet: for the unauthorized use of state lands. Section 253.04, Florida Statutes (1983), provides that "The

Ago

Court: Fla. Att'y Gen. | Date Filed: 1979-08-10T00:53:00-07:00

Snippet: administer all state-owned lands . . . .' Section 253.04, F. S., states that `[t]he Board of Trustees of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-04-18T23:53:00-08:00

Snippet: ; see also s. 11, Art. X, State Const., and ss. 253.04 and 253.05, F. S., and cf. AGO 076-37. However,

Kirk v. Kennedy

Court: Fla. Dist. Ct. App. | Date Filed: 1970-02-05T23:53:00-08:00

Citation: 231 So. 2d 246

Snippet: quieted in them. There is no doubt that under § 253.04, Fla. Stat. 1967, F.S.A., the appellants could

Watson v. Caldwell

Court: Fla. | Date Filed: 1946-10-04T00:00:00-08:00

Citation: 27 So. 2d 524, 158 Fla. 1, 1946 Fla. LEXIS 455

Snippet: hereof, or provided in this chapter." Section 253.04 Fla. Statutes 1941 (same F.S.A.), in part, provides

Hart v. State

Court: Fla. | Date Filed: 1940-09-20T00:00:00-08:00

Citation: 198 So. 119, 144 Fla. 249, 1940 Fla. LEXIS 1036

Snippet: BROWN, CHAPMAN and THOMAS, J. J., concur. *Page 253 4 November 1940 Supreme Court of Florida fla