(1) Riparian rights are those incident to land bordering upon navigable waters. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law. Such rights are not of a proprietary nature. They are rights inuring to the owner of the riparian land but are not owned by him or her. They are appurtenant to and are inseparable from the riparian land. The land to which the owner holds title must extend to the ordinary high watermark of the navigable water in order that riparian rights may attach. Conveyance of title to or lease of the riparian land entitles the grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland.
(2) Navigable waters in this state shall not be held to extend to any permanent or transient waters in the form of so-called lakes, ponds, swamps or overflowed lands, lying over and upon areas which have heretofore been conveyed to private individuals by the United States or by the state without reservation of public rights in and to said waters.
(3) The submerged lands of any nonmeandered lake shall be deemed subject to private ownership where the Board of Trustees of the Internal Improvement Trust Fund of Florida conveyed the same more than 50 years ago without any deductions for water and without any reservation for public use and when taxes have been levied and collected on said submerged lands since conveyance by the state.
(4) Where private ownership of submerged bottoms outward from the shore has originated in a Spanish or other land grant approved by the Congress specifically describing an area in which was included navigable water, or by patent out of the United States prior to the date on which Florida became a state likewise containing a description including navigable water, or upon a valid conveyance out of the state, the submerged land included in such grant, patent, or conveyance shall be subject to taxes lawfully imposed.
History.—ss. 1, 2, ch. 28262, 1953; s. 2, ch. 61-119; s. 31, ch. 82-226; s. 200, ch. 85-342; s. 140, ch. 95-148.
Note.—Former ss. 192.61(1)-(4), 271.09, 197.315(3), 197.228.
Structure Florida Statutes
Title XVIII - Public Lands and Property
253.001 - Board of Trustees of the Internal Improvement Trust Fund; Duty to Hold Lands in Trust.
253.01 - Internal Improvement Trust Fund Established.
253.02 - Board of Trustees; Powers and Duties.
253.025 - Acquisition of State Lands.
253.0251 - Alternatives to Fee Simple Acquisition.
253.027 - Emergency Archaeological Property Acquisition.
253.03 - Board of Trustees to Administer State Lands; Lands Enumerated.
253.031 - Land Office; Custody of Documents Concerning Land; Moneys; Plats.
253.0325 - Modernization of State Lands Records.
253.033 - Inter-American Center Property; Transfer to Board; Continued Use for Government Purposes.
253.034 - State-Owned Lands; Uses.
253.0341 - Surplus of State-Owned Lands.
253.0345 - Special Events; Submerged Land Leases.
253.0347 - Lease of Sovereignty Submerged Lands for Private Residential Docks and Piers.
253.035 - Coastal Anchorage Areas.
253.037 - Use of State-Owned Land for Correctional Facilities.
253.04 - Duty of Board to Protect, etc., State Lands; State May Join in Any Action Brought.
253.05 - Prosecuting Officers to Assist in Protecting State Lands.
253.111 - Riparian Owners of Land.
253.115 - Public Notice and Hearings.
253.12 - Title to Tidal Lands Vested in State.
253.121 - Conveyances of Such Lands Heretofore Made, Ratified, Confirmed, and Validated.
253.1221 - Bulkhead Lines; Reestablishment.
253.128 - Enforcement; Board or Agency Under Special Law.
253.129 - Confirmation of Title in Upland Owners.
253.135 - Construction of Ss. 253.12, 253.126, 253.127, 253.128, and 253.129.
253.14 - Rights of Riparian Owners; Board of Trustees to Defend Suit.
253.141 - Riparian Rights Defined; Certain Submerged Bottoms Subject to Private Ownership.
253.21 - Board of Trustees May Surrender Certain Lands to the United States and Receive Indemnity.
253.29 - Board of Trustees to Refund Money Paid Where Title to Land Fails.
253.34 - Transfer of Notes Owned by Board.
253.36 - Title to Reclaimed Marshlands, Wetlands, or Lowlands in Board of Trustees.
253.37 - Survey to Be Made; Sale of Lands; Preference to Buyers.
253.38 - Riparian Rights Not Affected.
253.381 - Unsurveyed Marshlands; Sale to Upland Owners.
253.382 - Oyster Beds, Minerals, and Oils Reserved to State.
253.39 - Surveys Approved by Chief Cadastral Surveyor Validated.
253.40 - To What Lands Applicable.
253.42 - Board of Trustees May Exchange Lands.
253.431 - Agents May Act on Behalf of Board of Trustees.
253.44 - Disposal of Lands Received.
253.45 - Sale or Lease of Phosphate, Clay, Minerals, etc., in or Under State Lands.
253.451 - Construction of Term “Land the Title to Which Is Vested in the state.”
253.51 - Oil and Gas Leases on State Lands by the Board of Trustees.
253.511 - Reports by Lessees of Oil and Mineral Rights, State Lands.
253.512 - Applicants for Lease of Gas, Oil, or Mineral Rights; Report as to Lease Holdings.
253.52 - Placing Oil and Gas Leases on Market by Board.
253.53 - Sealed Bids Required.
253.55 - Limitation on Term of Lease.
253.56 - Responsibility of Bidder.
253.571 - Proof of Financial Responsibility Required of Lessee Prior to Commencement of Drilling.
253.61 - Lands Not Subject to Lease.
253.62 - Board of Trustees Authorized to Convey Certain Lands Without Reservation.
253.66 - Change in Bulkhead Lines, Pinellas County.
253.665 - Grant of Easements, Licenses, and Leases.
253.68 - Authority to Lease or Use Submerged Lands and Water Column for Aquaculture Activities.
253.69 - Application to Lease Submerged Land and Water Column.
253.72 - Marking of Leased Areas; Restrictions on Public Use.
253.73 - Rules; Ss. 253.67-253.75.
253.763 - Judicial Review Relating to Permits and Licenses.
253.7824 - Sale of Products; Proceeds.
253.7827 - Transportation and Utility Crossings of Greenways Lands.
253.7828 - Impairment of Use or Conservation by Agencies Prohibited.
253.785 - Liberal Construction of Act.
253.80 - Murphy Act Lands; Costs and Attorney Fees for Quieting Title.
253.81 - Murphy Act; Tax Certificates Barred.
253.82 - Title of State or Private Owners to Murphy Act Lands.
253.83 - Construction of Recodification.
253.86 - Management and Use of State-Owned or Other Uplands; Rulemaking Authority.
253.90 - Southeast Florida Coral Reef Ecosystem Conservation Area.