For much of Florida's modern history, developers have been
turning water into land — draining and filling swamps and marshes to
build subdivisions and shopping centers.
Now the Florida Legislature seems ready to try a new trick: turning public waters into private lands.
What
legally defines public and private ownership along thousands of miles
of navigable rivers and lakes in Florida is something called the
“ordinary high water” mark. Basically it means that all land that's
submerged during the “high water season” is sovereign and accessible to
the public.
Pending legislation would change the
definition to set the “ordinary high water” mark much lower. In effect,
it would turn thousands of acres of what are now submerged public lands
over to adjacent private property owners.
“This
legislation could lead to barbed wire and ‘no trespassing' signs keeping
Florida kayakers, canoeists, boaters, birdwatchers, hunters and sports
fishermen away from their favorite places at the edge of our lakes and
rivers,” warns the Florida Audubon Society.
The
legislation, HB 1103 and SB 1362, is being pushed by agricultural
interests and large property owners who stand to see their holdings
increase under a lower water mark definition.
Not surprisingly, opposing the measure are hunters, fishermen, hikers, boaters and others who enjoy Florida's rivers and lakes.
“Boaters
could be arrested for standing on the shore fishing,” Charles Pattison,
of 1,000 Friends of
Florida, told the Tampa Bay Times. “Hunters could
get arrested for hunting in marshes that are dry in the low water
season.”
Florida's definition of the “ordinary
high water” mark that separates public from private lands has stood
legal muster for decades. Lawmakers who now want to turn public waters
into private lands do a disservice to Floridians who want access to
their state's greatest natural treasures.
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