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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 253.12253.12 Title to tidal lands vested in state.—(1) Except submerged lands heretofore conveyed by deed or statute, the title to all sovereignty tidal and submerged bottom lands, including all islands, sandbars, shallow banks, and small islands made by the process of dredging any channel by the United States Government and similar or other islands, sandbars, and shallow banks located in the navigable waters, and including all coastal and intracoastal waters of the state and all submerged lands owned by the state by right of its sovereignty in navigable freshwater lakes, rivers, and streams, is vested in the Board of Trustees of the Internal Improvement Trust Fund. For purposes of fixing bulkhead lines, restrictions on filling land and dredging beyond bulkhead lines, and permits required for filling and dredging, the board shall exercise the same authority over submerged lands owned by the state by right of its sovereignty in navigable freshwater lakes, rivers, and streams as it does over submerged lands otherwise defined in this subsection. (2)(a) The Board of Trustees of the Internal Improvement Trust Fund may sell and convey such islands and submerged lands if determined by the board to be in the public interest, upon such prices, terms, and conditions as it sees fit. However, prior to consummating any such sale, the board shall determine to what extent the sale of such islands or submerged lands and their ownership by private persons or the conveyance of such islands or submerged lands to political subdivisions or public agencies would interfere with the conservation of fish, marine and other wildlife, or other natural resources, including beaches and shores, and would result in destruction of oyster beds, clam beds, or marine productivity, including, but not limited to, destruction of marine habitats, grass flats suitable as nursery or feeding grounds for marine life, and established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life, and if so, in what respect and to what extent, and it shall consider any other factors affecting the public interests. (b) In addition to the requirements in paragraph (a), the board shall not sell or convey any interest in such islands and submerged lands to any applicant who does not, at the time of making application for purchase or conveyance, also have before the board:1. An application for the establishment of a bulkhead line, in the event no bulkhead line is established for the lands subject to the application; and 2. An application for approval of a fill permit issued in accordance with the provisions of this chapter; and 3. A permit or application for a permit to dredge fill material from beneath the navigable waters of the state, in accordance with the provisions of this chapter, in the event the applicant intends to secure such fill material. However, such islands or submerged lands may be sold or conveyed to an applicant who does not have such an application for a permit to dredge or fill lands before the board, upon the condition that the sale or conveyance to such an applicant shall contain a restrictive covenant prohibiting dredging, except for navigation purposes, or filling of such islands or submerged lands. The board shall reserve the authority to waive such restrictive covenant when such waiver is in the public interest, pursuant to such terms and conditions as the board may impose. (3) After receiving application in compliance with such forms as may be required to show clearly what is intended to be accomplished in any proposed development of said lands and the manner in which said development will be accomplished, and after making the determination required by paragraph (2)(a), the board shall give notice as provided by s. 253.115. (4) If objections are filed, the board shall proceed to determine the merits of the objections. The report required by subsection (7) shall be made part of the record and duly considered at any hearing. If it appears that the sale of such islands and submerged lands and their ownership by private persons or the conveyance of such islands or submerged lands to political subdivisions or public agencies would:(a) Be contrary to the public interest; (b) Interfere with the lawful rights granted riparian owners; (c) Be, or result in, a serious impediment to navigation; (d) Interfere with the conservation of fish, marine and other wildlife, or other natural resources, including beaches and shores, to such an extent as to be contrary to the public interest; or (e) Result in the destruction of oyster beds, clam beds, or marine productivity, including, but not limited to, destruction of natural marine habitats, grass flats suitable as nursery or feeding grounds for marine life, and established marine soils suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life to such an extent as to be contrary to the public interest, the board shall withdraw the lands from sale. Prior to making the determinations above required, the board may consider any other factors affecting the public interest. Anything in this section to the contrary notwithstanding, lands defined herein lying between the ordinary mean high-water line and any bulkhead line established hereunder shall be sold only to the upland riparian owner and to no other person, firm, or corporation; and such sale to the upland riparian owner shall be made pursuant to the provisions herein. (5)(a) When any state agency or county, city, or other political subdivision extends or adds to existing lands or islands bordering on or being in the navigable waters, as defined in this section, of the state by filling in or causing to be filled in or by draining or causing to be drained such waters, the board may, upon application therefor, convey to the riparian owner or owners of the upland so extended or added to so much of such extended or added land as is not required exclusively for a municipal, county, state, or other public purpose. The board may, however, require a deposit to accompany such application of a sum sufficient to cover the actual cost and expenses of processing such application and preparing instruments of conveyance. (b) Neither this subsection nor any other provision of this chapter shall be construed to permit any state agency or county, city, or other political subdivision to construct islands or extend or add to existing lands or islands bordering on or being in the navigable waters as defined herein or drain such waters for a municipal, county, state, or other public purpose unless such agency is the riparian upland owner or holds the consent in writing of the riparian upland owner consenting to such construction or extension or drainage operation. For the purposes of this subsection, “riparian upland owners” shall be defined as those persons owning upland property abutting those portions of the waters to be filled or drained, which are within 1,000 feet outboard of said riparian upland, but not more than one-half the distance to the opposite upland, if any, and within the extensions of the side boundary lines thereof, when said side boundary lines are extended in the direction of the channel along an alignment which would be required to distribute equitably the submerged land between the upland and the channel. However, nothing herein shall be construed to deny or limit any state agency or county, city, or other political subdivision from exercising the right of eminent domain to the extent and for the purposes authorized by law in connection with such construction, extension, or drainage projects; and nothing herein shall be construed to have application in those instances when the board is authorized by law to establish an erosion control line to implement an authorized beach nourishment, replenishment, or erosion-control project, or for the placement of sand dredged from navigation channels on beaches fronting the waters of the Atlantic Ocean or the Gulf of Mexico, provided such sand is not placed landward of existing lines of vegetation. (6) Where any person, state agency, county, city, or other political subdivision prior to June 11, 1957, extended or added to existing lands or islands bordering on or being in the navigable waters as defined in this section by filling in or causing to be filled in such lands, the board shall upon application therefor convey said land so filled to the riparian owner or owners of the upland so extended or added to. The consideration for such conveyance shall be the appraised value of said lands as they existed prior to such filling. (7)(a) In order to assist it in making the determination required by paragraph (2)(a), the board shall require that a biological survey and an ecological study of the lands or interests therein proposed to be sold or conveyed pursuant to any particular application be made, and, when determined by the Department of Environmental Protection to be necessary, that a hydrographic survey be made. All such surveys and studies shall be made by or under the direction of the Department of Environmental Protection, which shall make a report of all such surveys and studies to the board together with its recommendations. The board may adopt regulations requiring that the cost of making any such survey and report be paid by the applicant for purchase of such lands, requiring a deposit by the applicant sufficient to ensure such payment, and providing procedures to be followed in applying for and obtaining such survey and report. (b) If, in accordance with the provisions of paragraph (2)(b), the surveys and study required by paragraph (a) have already been made, the provisions of this section shall not operate to require an applicant to pay for any additional surveys or studies within 3 years prior to the issuance of such permit. (8) All conveyances of sovereignty lands or fill material therein heretofore made by the Board of Trustees of the Internal Improvement Trust Fund of Florida subsequent to the enactment of chapter 6451, Acts of 1913, chapter 7304, Acts of 1917, and chapter 57-362, as amended, are hereby ratified, confirmed, and validated in all respects. 1(9) All of the state’s right, title, and interest to all tidally influenced land or tidally influenced islands bordering or being on sovereignty land, which have been permanently extended, filled, added to existing lands, or created before July 1, 1975, by fill, and might be owned by the state, is hereby granted to the landowner having record or other title to all or a portion thereof or to the lands immediately upland thereof and its successors in interest. Thereafter, such lands shall be considered private property, and the state, its political subdivisions, agencies, and all persons claiming by, through, or under any of them, shall be barred from asserting that any such lands are publicly owned sovereignty lands. The foregoing provisions shall act to transfer title only to so much of such extended or added land as was permanently exposed, extended, or added to before July 1, 1975. A showing of dates by which certain lands were filled or added to may be made by aerial photograph or other reasonable method. Upon request of the landowner and submission of a proposed legal description and aerial photographs or other evidence accompanied by a fee set by the board reflecting the actual administrative cost of processing, the board shall provide an appropriate legal description of the waterward boundary line as of July 1, 1975, in a recordable document. The Legislature specifically finds and declares these grants to be in the public interest. The boundary between state-owned sovereignty lands and privately owned uplands is ambulatory and will move as a result of nonavulsive changes. This subsection shall not grant or vest title to any filled, formerly submerged state-owned lands in any person who, as of January 1, 1993, is the record titleholder of the filled or adjacent upland property and who filled or caused to be filled the state-owned lands. 1(10) Subsection (9) shall not operate to affect the title to lands which have been judicially adjudicated or which were the subject of litigation pending on January 1, 1993, involving title to such lands. Further, the provisions of subsection (9) shall not apply to spoil islands nor to any lands which are included on an official acquisition list, on July 1, 1993, of a state agency or water management district for conservation, preservation, or recreation, nor to lands maintained as state or local recreation areas or shore protection structures. History.—s. 1, ch. 7304, 1917; RGS 1061; CGL 1391; ss. 1, 2, ch. 26776, 1951; s. 1, ch. 57-362; s. 2, ch. 61-119; s. 1, ch. 67-393; ss. 25, 27, 35, ch. 69-106; s. 1, ch. 69-308; s. 1, ch. 70-81; s. 1, ch. 70-97; s. 1, ch. 70-147; s. 1, ch. 70-439; s. 1, ch. 72-214; s. 23, ch. 78-95; s. 4, ch. 82-144; s. 122, ch. 83-217; s. 2, ch. 91-221; s. 81, ch. 93-206; ss. 72, 492, ch. 94-356. 1Note.—Section 82, ch. 93-206, provides that “[t]he conveyance of property under this act is intended to be complete and effective without reference to or compliance with other statutory provisions. The various statutory provisions dealing with or setting preconditions or procedures for the conveyance of state-owned property and sovereignty lands shall not apply to conveyance made pursuant to this section.”
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Annotations, Discussions, Cases:
Cases Citing Statute 253.12
Total Results: 40
27 So. 2d 76, 157 Fla. 649, 1946 Fla. LEXIS 824
Supreme Court of Florida | Filed: Jun 25, 1946 | Docket: 3275872
Cited 33 times | Published
bars along the shore, within the provisions of section 253.12 Florida statutes 1941, and so were within the
86 So. 2d 775
Supreme Court of Florida | Filed: Mar 28, 1956 | Docket: 431891
Cited 29 times | Published
purchased from the Trustees under F.S. § 253.06 or § 253.12 [F.S.A.] which abut lands of `sovereignty land'
251 So. 2d 284, 1971 Fla. App. LEXIS 6131
District Court of Appeal of Florida | Filed: Jul 14, 1971 | Docket: 459344
Cited 21 times | Published
in the corrective deed has been cured by Fla. Stat. 253.12(8) (F.S.A., 1969). This is a curative statute
171 So. 2d 376, 1966 A.M.C. 1377
Supreme Court of Florida | Filed: Jan 20, 1965 | Docket: 1237981
Cited 21 times | Published
permits in the Bulkhead Law are as follows:
F.S. Section 253.12, F.S.A. (title to tidal lands vested in state)
77 So. 2d 431
Supreme Court of Florida | Filed: Dec 3, 1954 | Docket: 1764357
Cited 18 times | Published
that under Chapter 26776, Acts of 1951, F.S.A. § 253.12, and Chapter 15861, Acts of 1933, F.S. § 420.05
341 So. 2d 977
Supreme Court of Florida | Filed: Feb 15, 1977 | Docket: 1724151
Cited 14 times | Published
deals with the Internal Improvement Trust Fund. Section 253.12(1) specifies the lands which are vested in
127 So. 2d 98
Supreme Court of Florida | Filed: Jan 18, 1961 | Docket: 1347486
Cited 13 times | Published
consideration of $23.50 was paid.
Pursuant to § 253.12, Florida Statutes 1955, as amended by Chapter
338 So. 2d 13, 7 Envtl. L. Rep. (Envtl. Law Inst.) 20
Supreme Court of Florida | Filed: Jul 14, 1976 | Docket: 455403
Cited 12 times | Published
owner.
"(7) Nothing contained in this section or § 253.12(1) shall be construed as affecting privately owned
271 So. 2d 207, 1972 Fla. App. LEXIS 5690
District Court of Appeal of Florida | Filed: Dec 12, 1972 | Docket: 1438369
Cited 12 times | Published
extend his land into navigable waters as defined in § 253.12, he must have applied for and obtained a permit
400 So. 2d 488
District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1263448
Cited 11 times | Published
70-97, Laws of Florida) amended subsection 1 of section 253.12, Florida Statutes (1969), to vest title to
648 So. 2d 155, 1994 WL 558430
District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 1701932
Cited 6 times | Published
relator for the State of Florida, relying on Section 253.12(1), Florida Statutes and Article X, Section
202 So. 2d 884
District Court of Appeal of Florida | Filed: Oct 11, 1967 | Docket: 421653
Cited 5 times | Published
lands and issuance of the deed in question.
F.S.A. § 253.12 placed title to such submerged lands in the trustees
146 So. 2d 361
Supreme Court of Florida | Filed: Jun 27, 1962 | Docket: 455516
Cited 5 times | Published
navigable waters of the county, as defined in § 253.12," beyond which line any filling "shall be deemed
137 So. 2d 6
District Court of Appeal of Florida | Filed: Jan 17, 1962 | Docket: 1476087
Cited 5 times | Published
had been disposed of by the Trustees pursuant to § 253.12, F.S.A. Under that statute the Trustees are charged
107 So. 2d 171
District Court of Appeal of Florida | Filed: Dec 11, 1958 | Docket: 60191330
Cited 5 times | Published
being in the navigable waters as defined in section 253.12 herein of the state which was commenced or
454 So. 2d 6
District Court of Appeal of Florida | Filed: Jul 13, 1984 | Docket: 1508415
Cited 4 times | Published
legislature enacted chapter 69-308, Laws of Florida. See § 253.12, Fla. Stat. (1971) (vesting title to submerged
150 So. 2d 489
District Court of Appeal of Florida | Filed: Mar 5, 1963 | Docket: 1733078
Cited 4 times | Published
Internal Improvement Fund. Under the provisions of § 253.12(1), Fla. Stat., F.S.A., such lands may be sold
647 So. 2d 129, 1994 WL 131172
District Court of Appeal of Florida | Filed: Apr 18, 1994 | Docket: 437026
Cited 3 times | Published
granting of a lease in a proceeding governed by section 253.12, Florida Statutes.
[3] To the contrary, we
293 So. 2d 395
District Court of Appeal of Florida | Filed: Mar 14, 1974 | Docket: 1628904
Cited 3 times | Published
navigable waters of the state as defined in section 253.12, Florida Statutes, and the submerged bottoms
202 So. 2d 760, 1967 Fla. App. LEXIS 4322
District Court of Appeal of Florida | Filed: Aug 22, 1967 | Docket: 1710808
Cited 3 times | Published
the municipal * * * or public purpose." Thus in § 253.12 Fla. Stat., F.S.A., entitled "Title to tidal lands
353 So. 2d 883
District Court of Appeal of Florida | Filed: Jan 30, 1978 | Docket: 1521875
Cited 2 times | Published
natural flow of the navigable water as defined in § 253.12, within such area will arise from the proposed
195 So. 3d 1149, 2016 Fla. App. LEXIS 9795, 2016 WL 3450460
District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3090197
Cited 1 times | Published
X, section 11 of the Florida Constitution, section 253.12(2)(a), Florida Statutes, and Florida Administrative
890 So. 2d 386, 2004 WL 2953071
District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 1289000
Cited 1 times | Published
Place argues that it is the proper owner under section 253.12(9), Florida Statutes (2003), because it is
711 So. 2d 57, 1998 WL 150413
District Court of Appeal of Florida | Filed: Mar 30, 1998 | Docket: 1337308
Cited 1 times | Published
is navigable. See Art. X, § 11, Fla. Const.;[2] § 253.12(1), Fla. Stat. (1995);[3]Coastal Petroleum Co
633 So. 2d 50, 1994 WL 41828
District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 1297073
Cited 1 times | Published
commonly known as the Bulkhead Act and codified as section 253.12, Florida Statutes (1957). The Bulkhead Act
371 F. Supp. 736, 1973 U.S. Dist. LEXIS 13490
District Court, N.D. Florida | Filed: May 24, 1973 | Docket: 1958286
Cited 1 times | Published
Trustees of the Internal Improvement Trust Fund, § 253.12, Florida Statutes, F.S.A. Although submerged tidal
District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034255
Published
riparian/littoral 8 right to
ownership of accretions), with § 253.12(9), Fla. Stat. (1993)
(granting, under certain
District Court of Appeal of Florida | Filed: Jul 14, 2023 | Docket: 68034255
Published
riparian/littoral 8 right to
ownership of accretions), with § 253.12(9), Fla. Stat. (1993) (granting, under
certain
District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338751
Published
interest in the disputed property pursuant to section 253.12(9), Florida
Statutes (2012), a statute which
142 So. 3d 936, 2014 WL 3446296, 2014 Fla. App. LEXIS 10877
District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 379364
Published
(citing ch. 57-362 § 1, Laws of Fla. (codified at § 253.12, Fla. Stat. (1997)),
affd,
746
964 So. 2d 699, 2006 Fla. App. LEXIS 13214, 2006 WL 2269702
District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 64852401
Published
Ferro and Martha Lopez hold title pursuant to section 253.12(9), Florida Statutes (2006), and adverse possession
814 So. 2d 478, 2002 Fla. App. LEXIS 3926, 2002 WL 460822
District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64814507
Published
Trust Fund, 707 So.2d 1195 (Fla. 3d DCA)(citing § 253.12, Fla. Stat. (1997)), review denied, 717 So.2d
707 So. 2d 1195, 1998 Fla. App. LEXIS 3663
District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 64779802
Published
PER CURIAM.
Affirmed. § 253.12, Fla.. Stat (1997).
Florida Attorney General Reports | Filed: May 8, 1996 | Docket: 3255669
Published
substantially the following question:
Does section 253.12(9), Florida Statutes, divest the Tampa Port
Florida Attorney General Reports | Filed: Apr 1, 1985 | Docket: 3255512
Published
of the former Everglades Drainage District.
Section 253.12, F.S., has been cited in supplemental memoranda
695 F.2d 1314, 1983 U.S. App. LEXIS 31353
Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 1983 | Docket: 66192717
Published
673 F.2d 1343 (11th Cir.1982).
. Florida Stat. § 253.12(1) states: “Except submerged lands heretofore
331 So. 2d 381, 1976 Fla. App. LEXIS 14174
District Court of Appeal of Florida | Filed: Apr 30, 1976 | Docket: 64553537
Published
being in the navigable waters as defined in section 253.12 herein of the state which was commenced or
182 So. 2d 40, 1966 Fla. App. LEXIS 5855, 1966 A.M.C. 2462
District Court of Appeal of Florida | Filed: Jan 19, 1966 | Docket: 64495243
Published
title to adjacent submerged sovereignty lands. F.S. 253.12(1), F.S.A. These rights inuring in the riparian
111 So. 2d 44, 1959 Fla. App. LEXIS 2824
District Court of Appeal of Florida | Filed: Apr 17, 1959 | Docket: 60192368
Published
47 L.Ed. 734. * * * ”
Florida Statutes 1955, § 253.12, F.S.A., places title to tidal lands, with the
104 So. 2d 495, 1958 Fla. LEXIS 1476
Supreme Court of Florida | Filed: Jun 11, 1958 | Docket: 60190523
Published
1951 Act [Chapter 26776, Laws of Florida, F.S.A. § 253.12] is unconstitutional if construed to deprive [the
