Florida Statute 258.40 | Lawyer Caselaw & Research

The 2024 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

Arrestable Offenses / Crimes under Fla. Stat. 258.40

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 258.40.

Annotations, Discussions, Cases:

Cases Citing Statute 258.40

Total Results: 4

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-06-16

Snippet: used as labor for specified purposes. 9 See s. 258.40(2), Fla. Stat., prescribing the scope of aquatic

Berkley v. State Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1977-06-30

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

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

Berkley v. State Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1977-06-30

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

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

General Motors Acceptance Corp. v. Lynch Building Corp.

Court: Supreme Court of Florida | Date Filed: 1935-01-24

Citation: 159 So. 785, 118 Fla. 2, 1935 Fla. LEXIS 1677

Snippet: v. Vanderwerker 160 U.S. 171, 16 Sup. Ct. Rep. 258, 40 L.Ed. 383; Maloy v. Boyett, 53 Fla. 956,43 So.