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Florida Statute 258.40 - Full Text and Legal Analysis Florida Statute 258.40 | Lawyer Caselaw & Research
Fla. Stat. § 258.40 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 258.40

Fla. Stat. § 258.40 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Berkley v. State Dep't of Env't Reg., 358 So. 2d 552 (Fla. 4th DCA 1977).

Published | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 17316

Sections 258.35-258.46, Fla.Stat. (1975). . Section 258.40(1), Fla.Stat. (1975). .It is significant
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Berkley v. State Dep't of Env't Reg., 347 So. 2d 467 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16132

...The petition for review is granted and the final order of the Department of Environmental Regulation is quashed with directions that the department grant Berk-ley’s application. McCORD, J., and McDONALD, PARKER LEE, Associate Judge, concur. . Section 258.165, Fla.Stat. (1975). . Sections 258.35-258.46, Fla.Stat. (1975). .Section 258.40(1), Fla.Stat....

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