Florida Statute 258.40 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 258
STATE PARKS AND PRESERVES

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F.S. 258.40

258.40 Scope of preserves.—

(1) The aquatic preserves established under this act shall include only lands or water bottoms owned by the state as set forth in s. 253.03 and such lands or water bottoms owned by other governmental agencies as may be specifically authorized for inclusion by appropriate instrument in writing from such agency. Any privately owned lands or water bottoms shall be deemed to be excluded therefrom; however, the board may negotiate an arrangement with any such private owner by which such land may be included in the preserves.

(2) Any publicly owned and maintained navigation channel or other public works project authorized by the United States Congress designed to improve or maintain commerce and navigation shall be deemed excluded from the aquatic preserves established under this act.

(3) All lands lost by avulsion or by artificially induced erosion shall be deemed excluded from the provisions of this act.

History.—s. 1, ch. 75-172.

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Amendments to 258.40

Annotations, Discussions, Cases:

Cases Citing Statute 258.40

Total Results: 2

Berkley v. State Department of Environmental Regulation

358 So. 2d 552, 1977 Fla. App. LEXIS 17316

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 64564338

Published

Sections 258.35-258.46, Fla.Stat. (1975). . Section 258.40(1), Fla.Stat. (1975). .It is significant

Berkley v. State Department of Environmental Regulation

347 So. 2d 467, 1977 Fla. App. LEXIS 16132

District Court of Appeal of Florida | Filed: Jun 30, 1977 | Docket: 64559260

Published

Sections 258.35-258.46, Fla.Stat. (1975). .Section 258.40(1), Fla.Stat. (1975). .It is significant