Florida Statute 309.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXII
PORTS AND HARBORS

Chapter 309
PROTECTION OF PORTS AND HARBORS

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F.S. 309.01

309.01 Deposit of material in tidewater regulated.—

(1) It is not lawful for any person to discharge or cause to be discharged or deposit or cause to be deposited, in the tide or salt waters of any bay, port, harbor, or river of this state, any ballast or material of any kind other than clear stone or rock, free from gravel or pebbles, which said clear stone or rock shall be deposited or discharged only in the construction of enclosures in connection with wharves, piers, quays, jetties, or in the construction of permanent bulkheads connecting the solid and permanent portion of wharves. It is lawful to construct three characters of bulkheads for retention of material in solid wharves. First, clear stone or rock enclosures, or bulkheads, may be built upon all sides to a height not less than 21/2 feet above high watermark; and after the enclosures have been made so solid, tight, and permanent as to prevent any sand, mud, gravel, or other material that may be discharged or deposited in them from drifting or escaping through such enclosures, any kind of ballast may be discharged or deposited within the enclosures. The enclosures may be constructed of wood, stone, and rock combined, the stone and rocks to be placed on the outside of the wood to a height not less at any point than 21/2 feet above high watermark. Second, a bulkhead may be built by a permanent wharf consisting of thoroughly creosoted piles not less than 12 inches in diameter at the butt end, to be driven close together and to be capped with timber not less than 10 or 14 inches drift, bolted to each pile, and one or more longitudinal stringers to be placed on the outside of the bulkhead and securely anchored by means of iron rods to piles driven within the bulkheads, clear rock to be on the inside of the bulkhead, to a height of not less than 21/2 feet above high water; and after this is done, ballast or other material may be deposited within the permanent enclosure so constructed. Third, a bulkhead may be constructed to consist of creosoted piles, as described herein, driven not exceeding 4 feet apart from center to center, inside of which two or more longitudinal stringers may be placed and securely bolted to the piles. Inside of these longitudinal pieces, two thicknesses of creosoted sheet piling are to be driven, each course of the sheet piling to make a joint with the other so as to form an impenetrable wharf; and within this permanent bulkhead so constructed, any ballast or other material may be deposited. No such enclosure, pier, quay, or jetty shall be begun until the point whereat it is to be built shall have been connected by a substantial wharf with a shore or with a permanent wharf; except that the owners of wharves may at any time, with the consent of the Board of Pilot Commissioners of the Division of Professions of the Department of Business and Professional Regulation, build wharves of clear stone or rock, or creosoted walls as hereinafter provided, on each side of their wharves from the shore to a point at which the water is not more than 15 feet deep, and when such walls have attained a height of 21/2 feet above high watermark and have been securely closed at the deepwater end by stone or creosoted walls of the same height, any kind of ballast may be deposited in them. Nothing contained in this section shall interfere with any rights or privileges now enjoyed by riparian owners. While this section empowers those who desire to construct the several characters of wharves, piers, quays, jetties, and bulkheads provided for and described herein, nothing in this section shall be so construed as to require any person not desiring to construct a permanent wharf by filling up with ballast, stone, or other material to construct under the specifications contained herein; and nothing in this chapter shall be so construed as to prevent any person from constructing any wharf or placing any pilings, logs, or lumber in any waters where the person would have heretofore had the right so to do.

(2) This section shall not prohibit Escambia County from placing in Pensacola Bay, on the Escambia County side, beside the old Pensacola Bay Bridge, certain materials, as recommended by the Department of Environmental Protection, in coordination with the Fish and Wildlife Conservation Commission, to increase the number of fish available for persons fishing from the old Pensacola Bay Bridge.

(3) This section shall not prohibit Manatee County from placing in the Manatee County portions of Sarasota Bay and Tampa Bay and in the Manatee River, certain materials, as recommended by the Department of Environmental Protection, in coordination with the Fish and Wildlife Conservation Commission, to increase the number of fish available for persons fishing in the above areas.

(4) This section shall not prohibit Pinellas County from placing in Tampa Bay certain materials as recommended by the Department of Environmental Protection, in coordination with the Fish and Wildlife Conservation Commission, to increase the number of fish available for persons fishing in the bay.

History.—ch. 3298, 1881; RS 936; s. 1, ch. 4370, 1895; GS 1290; RGS 2460; CGL 3869; s. 1, ch. 61-11; s. 1, ch. 63-423; s. 1, ch. 65-26; ss. 25, 30, 35, ch. 69-106; s. 184, ch. 81-259; s. 31, ch. 94-218; s. 134, ch. 94-356; s. 890, ch. 95-148; s. 236, ch. 99-245.

F.S. 309.01 on Google Scholar

F.S. 309.01 on Casetext

Amendments to 309.01

Arrestable Offenses / Crimes under Fla. Stat. 309.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 309.01.

Annotations, Discussions, Cases:

Cases Citing Statute 309.01

Total Results: 20

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: for the year in which the BRNI occurred. § 766.309(1), Fla. Stat.; see also § 766.302(7), Fla. Stat.

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: for the year in which the BRNI occurred. § 766.309(1), Fla. Stat.; see also § 766.302(7), Fla. Stat.

Erica McDonald, as Parent and Natural Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Compensation Association, and Florida Health Sciences Center, Inc. D/B/A Tampa General Hospital; And University of South Florida Board of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: under the NICA Plan, in addition to section 766.309(1), the ALJ must determine in section 766.316

Sylvia Siegfried, M.D. v. Yanara Avila-Cana

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: immediate postdelivery period in a hospital.” § 766.309(1)(b), Fla. Stat. (2016). A plaintiff may not bring

NEKEISHA WILSON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF SYRIAH PINKNEY, A MINOR v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION

Court: District Court of Appeal of Florida | Date Filed: 2024-02-23

Snippet: “birth-related neurological injury.” See § 766.309(1)(a), Fla. Stat. “An ALJ’s interpretation of the

VALENCIA RESERVE HOMEOWNERS ASSOCIATION, INC. v. BOYNTON BEACH ASSOCIATES, XIX, LLLP

Court: District Court of Appeal of Florida | Date Filed: 2019-08-28

Snippet: 302(1), Fla. Stat. (2018). To this end, Section 720.309(1), Florida Statutes (2018), states: Any grant

Walter E. Headley, Jr. v. City of Miami, Florida – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2017-03-23

Snippet: hours, terms and conditions of employment. § 447.309(1), Fla. Stat. (2013).

Walter E. Headley, Jr. v. City of Miami, Florida

Court: Supreme Court of Florida | Date Filed: 2017-03-02

Citation: 215 So. 3d 1, 42 Fla. L. Weekly Supp. 236, 2017 WL 819740, 2017 Fla. LEXIS 447, 208 L.R.R.M. (BNA) 3379

Snippet: hours, terms and conditions of employment. § 447.309(1), Fla. Stat. (2013). .The Florida Legislature

Genuinely Loving Childcare, LLC v. Bre Mariner Conway Crossings, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-01-13

Citation: 209 So. 3d 622, 2017 Fla. App. LEXIS 298

Snippet: does not meet all of the minimum standards. § 402.309(1), (3), Fla. Stat. (2013). In her affidavit opposing

Genuinely Loving Childcare v. Bre Mariner

Court: District Court of Appeal of Florida | Date Filed: 2017-01-09

Citation: 209 So. 3d 622

Snippet: does not meet all of the minimum standards. § 402.309(1), (3), Fla. Stat. (2013). In her affidavit

Florida State Fire Service Ass'n, IAFF, Local S-20 v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

Citation: 128 So. 3d 160, 2013 WL 5988613, 2013 Fla. App. LEXIS 17970

Snippet: engage in collective bargaining in section 447.309(1), Florida Statutes (2010). This section requires

Davis Family Day Care Home v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

Snippet: home child care homes may be provisional. § 402.309(1) (“[T]he department ... may issue a provisional

Huggins v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-09-28

Citation: 135 So. 3d 306, 2012 WL 4465235, 2012 Fla. App. LEXIS 16182

Snippet: Under section 812.014(l)(a)-(b), Florida Statutes: *309(1) A person commits theft if he or she knowingly obtains

Anderson Ex Rel. Anderson v. Helen Ellis Memorial Hospital Foundation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 66 So. 3d 1095, 2011 Fla. App. LEXIS 13083, 2011 WL 3629352

Snippet: Plan. In making that determination, section 766.309(1) requires the ALJ to make the following findings:

Bennett v. St. Vincent's Medical Center, Inc.

Court: Supreme Court of Florida | Date Filed: 2011-07-07

Citation: 71 So. 3d 828, 2011 WL 2637444

Snippet: District incorrectly held that under section 766.309(1)(a), Florida Statutes (2001), the rebuttable presumption

Communications Workers of America v. City of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 2011-05-09

Citation: 65 So. 3d 1070, 190 L.R.R.M. (BNA) 3373, 2011 Fla. App. LEXIS 6599, 2011 WL 1744371

Snippet: *1074§ 447.201, Fla. Stat. (2008). Section 447.309(1), Florida Statutes (2008), requires a public employer

Tarpon Springs Hospital Foundation, Inc. v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 2010-04-21

Citation: 34 So. 3d 742, 2010 Fla. App. LEXIS 5257, 2010 WL 1563544

Snippet: the time of the injury. See id.; see also § 766.309(1)(b). Further, a hospital's obligation to give notice

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 31 So. 3d 310

Snippet: been made by the administrative law judge"); § 766.309(1)(a) (requiring ALJ to find whether injury claimed

St. Vincent's Medical Center, Inc. v. Bennett

Court: District Court of Appeal of Florida | Date Filed: 2009-08-21

Citation: 27 So. 3d 65, 2009 Fla. App. LEXIS 12744, 2009 WL 2602286

Snippet: rebuttable presumption provided by section 766.309(1)(a), Florida Statutes (2001), we reverse and remand

School District of Martin County v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

Citation: 15 So. 3d 42, 2009 Fla. App. LEXIS 5428, 2009 WL 1393705

Snippet: submitted to collective bargaining, section 447.309(1), Florida Statutes (2007), provides that "the bargaining