Florida Statutes
Fla. Stat. § 258.40 (2025)
Scope of preserves.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases, 1977–1977 · leading case: Berkley v. State Dep't of Env't Reg., 347 So. 2d 467 (Fla. 3d DCA 1977).
Berkley v. State Dep't of Env't Reg., 347 So. 2d 467 (Fla. 3d DCA 1977). “Section 258.40(1), Fla.Stat. (1975). .It is significant that this subsection also defines the Pinellas County Aquatic Preserve and Boca Ciega Aquatic Preserve.”
Berkley v. State Dep't of Env't Reg., 358 So. 2d 552 (Fla. 1st DCA 1977). “Section 258.40(1), Fla.Stat. (1975). .It is significant that this subsection also defines the Pinellas County Aquatic Preserve and Boca Ciega Aquatic Preserve.”
— 258.40(1) — 2 cases
Berkley v. State Dep't of Env't Reg., 347 So. 2d 467 (Fla. 3d DCA 1977). “Section 258.40(1), Fla.Stat. (1975). .It is significant that this subsection also defines the Pinellas County Aquatic Preserve and Boca Ciega Aquatic Preserve.”
Berkley v. State Dep't of Env't Reg., 358 So. 2d 552 (Fla. 1st DCA 1977). “Section 258.40(1), Fla.Stat. (1975). .It is significant that this subsection also defines the Pinellas County Aquatic Preserve and Boca Ciega Aquatic Preserve.”
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