Constitution of the State of Florida - seven pages

§ II. Sovereignty lands The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest. Amended, general election, Nov. 3, 1970. Amendment proposed by H.J.R. No. 792. Law Review Commentaries Real property law. 24 TJ.Miami L.Rev. 578 (1970). Supplementary Index to Notes Beaches 18 5. Sovereignty lands

§ 12. Rules of construction Supplementary Index to Notes Judicial officers 5 Millage 3 Special laws 4 Vote of electors 6 In. general Constitution requires only that local ad valorem tax bonds be approved by vote of majority of qualified freeholders voting in election held for such purpose, rather than majority of votes cast in election in which majority of freeholders participate, and provisions of all contrary statutes were superseded upon effective date of Constitution. State v. City of St. Augustine, App., 235 So.2d 1 (1970). apr Art. 10, § 10 CONSTITUTION—1968 REVISION 6. Sentence and punishment Under this section the term “felony,” whenever it occurs in the Constitution or the statute, means a criminal offense punishable with death or imprisonment in the state penitentiary. Walden v. State, 50 Fla. 151, 39 So. 151 (1905). 2. Gaining Crimes relating to lotteries, which are punishable by imprisonment in state prison, are felonies. Holliday v. State, App., 104 So.2d 137 (1958). An indictment charging accused with conducting and promoting a lottery commonly known as Cuba, with disposing of money by means of such lottery, and with transmitting and selling tickets therefor, properly charged a felony under F.S.A. § 849.09, forbidding conducting and promoting a lottery or disposing of money by means of a lottery or selling or transmitting lottery tickets, rather than a misdemeanor under F.S.A. § 849.11, forbidding setting up, promoting or playing at any game of chance by lot or with dice, cards, or numbers. Jarrell v. State, 135 Fla. 736, 185 So. S73 (1939). 3. Homicide Murder in the third degree is a felony. Mathis v. State, 45 Fla. 46, 34 So. 287 (1903). 4. Local option law Violation as misdemeanor. State ex rel. Buckheitt v. Butt, 25 Fla. 258, 5 So. 597 (1SS9). 5. Receiving stolen goods Where defendant was accused of receiving stolen goods valued at less than $50 which offense was punishable as a felony under F.S.A. § 811.16, and triable in circuit court, and before trial voluntarily made restitution, F.S.A. § 811.17, providing that party convicted of such offense who makes satisfaction to full value of the property shall not be imprisoned in the state prison did not affect the jurisdiction of the circuit court which attached when the formal charge was made, and merely gave defendant right to insist upon the lesser punishment if he were convicted. Tidwell v. Circuit Court of De Soto County, 9 So.2d 630 (1942). Under Const.lSSo, art. 16, § 25, penalty of imprisonment in state prison not exceeding five years or fine not exceeding $500 for receiving stolen property valued at less than $50 made the offense a “felony”. Id. Where evidence was insufficient to support conviction for felony offense of being interested in or connected with a lottery, as charged, sentencing defendant to imprisonment in county jail, as for a misdemeanor under F. S.A. § 849.09, rather than to state prison, upon conviction for such felony, constituted reversible error. Holliday v. State, App., 104 So.2d 137 (1958). § 11. Sovereignty lands The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale or private use of portions of such lands may be authorized by law, but only when not contrary to the public interest. Irregularity in sentencing defendant to county jail rather than to state prison upon conviction for a felony may be cured by remanding cause for proper sentence, if the evidence is sufficient to sustain felony conviction. Id. Art. 10, § 11 CONSTITUTION—1968 REVISION 8. Tidelands L.lSd. 397. Note 6 If Inter-American center constructed artificial navigable canals, boat and yacht basins, or other similar bodies of water, upon lands owned by it, it would retain title thereto and title would not be vested in state merely because waters were navigable, since they were not previously navigable. 1955 Op.Atty.Gen. 055157, July 13, 1955. 7. Territory included Under statute specifically directed to lands reclaimed by drainage district and reserving to state the right to regulate level of navigable lake without liability for raising or lowering of lake waters, former bottom lands exposed by lowering lake water continued to be property of state and those lands, intervening between ultimate water level and land formerly covered by lake and conveyed by trustees of internal improvement fund, removed ultimate owners of lands conveyed by trustees from status as owners vested with riparian rights. Padgett v. Central and Southern Florida Flood Control Dist., ITS So.2d 900 (1965). Lands under navigable waters in state, including shore lands, are property of state in sovereign capacity for use of people thereof. Pembroke v. Peninsular Terminal Co., 108 Fla. 46, 146 So. 249 (1933). Lands below high-water mark of navigable waters became state’s property, hold for public, subject to federal regulation of navigation. Freed v. Miami Beach Pier Corporation, 93 Fla. SS8, 112 So. S41, 52 A.L.R. 1177 (1927). Lands uncovered below original highwater mark continue to belong to state lowering level of waters with federal consent. Martin v. Busch, 93 Fla. 535, 112 So. 274 (1927). The “shores” of navigable waters are the spaces between high and low water marks, and the “bed” of the waters includes the shores. Apalachicola Land & Development Co. v. McRae, 86 Fla. 393, 9S So. 505 (1924), writ of error dismissed 46 S.Ct. 22, 269 U.S. 531, 70 L.Ed. 397. The lands under navigable waters, including the shore or spaces between ordinary high and low water marks, arc the property of the state or of the people, held for the use of all the people. Symmes v. Prairie Pebble Phosphate Co., 64 Fla. 480, 60 So. 223 (1913). Shore of navigable waters which sovereign holds for public uses, did not include lands not immediately bordering on navigable waters, and covered by water not capable of navigation, such as mud flats, etc. Clement v. Watson, 63 Fla. 100, 58 So. 25, Ann.Cas.l914A, 72 (1912). As the admission of the state of Florida into the Union “On equal footing with the original states in all respects whatsoever” gave to the state in trust for the people the navigable waters of the state and lands thereunder, including the shores between ordinary high and low water marks, the title to such lands was not in the United States when Act Cong. Sept. 28, 1850, 9 Stat. 519, c. 84; 43 U.S.C.A. §§ 9S2-9S4, was passed granting swamp and overflowed lands to the state; and a patent issued by the United States to the state, purporting to convey swamp and overflowed lands under Act Sept. 28, 1S50, covering lands under the navigable waters of the state, did not affect the title held by the state to the lands under navigable waters by virtue of the sovereignty of the state. State v. Gerbing, 56 Fla. 603, 47 So. 353, 22 L.R.A.,N.S., 337 (1908). Foreshore lands to ordinary high water mark are included in lands held by the state in trust to be administered in the public interest. 195S Op.Atty.Gen. 05S-S2, March 10, 1958. 524 “Tidcland” is that which is daily covered and uncovered by water by the ordinary ebb and flow of normal tides. Apalachicola Land & Development Co. v. McRae, S6 Fla. 393, 9S So. 505 (1924), writ of error dismissed 46 S.Ct. 22, 269 U.S. 531, 70 § 12. Rules of construction Art. 10, § 11 CONSTITUTION—1968 REVISION Note 17 and county or federal uses, and areas parks, schools, county, and federal dedicated for public use in general or facilities. 1957 Op.Atty.Gen. 057-376, for specific public uses such as Dec. 3, 1957. (a) “Herein” refers to. the entire constitution. (b) The singular includes the plural. (c) The masculine includes the feminine. (g) “Special law” means a special or local law. (h) Titles and subtitles shall not be used in construction. Commentary By Talbot “Sandy” D’Alemberte Provisions dealing with rules of construction have never before appeared in a Florida Constitution. The substance of this provision was recommended by the Revision Commission. The only changes from their recommendations were deletion of the phrase “and the neuter” in subsection (c); deletion of the word “qualified” before the word “electors” in the definition portion of subsection (d) ; and the addition of subsections (f) and (g). This section is designed as an aid in the construction of this constitution. These rules are to apply in any such construction unless they are qualified in the relevant text. Note that the converse of these rules are not to be viewed as valid: e.g., the plural does not necessarily include the singular or the feminine include the masculine. The various subsections are clear. . Unless qualified in the text the following rules of construction shall apply to this constitution. (d) “Vote of the electors” means the vote of the majority of those voting on the matter in an election, general or special, in which those participating are limited to the electors of the governmental unit referred to in the text. (e) Vote or other action of a legislative house or other governmental body means the vote or action of a majority or other specified percentage of those members voting on the matter. “Of the membership” means “of all members thereof.” (f) The terms “judicial office,” “justices” and “judges” shall not include judges of courts established solely for the trial of violations of ordinances. art. 8, § 2) empowering Legislature to establish and abolish municipalities. Chavous v. Goodbread, 15G Fla. 509, 23 So.2d 7G1 (1945). its passage and approval by Governor or become law without such approval and Act was not approved by Governor but became law without his approval, law was immediately effective. State ex rel. Gibbs v. Couch, 139 Fla. 353,190 So. 723 (1939). I 4 Finding of the legislature that constitutional and statutory prerequisites for introduction and passage of a local law were complied with in enacting chapter 22298 of the Acts of 1943 abolishing Fort Pierce Port District and creating Fort Pierce Inlet District was sustained. State ex rel. Watson v. Crooks, 15 So.2d 675 (1943). Where Act, Sp.Laws 1939, a 1976S, abolishing municipality of city of Daytona Beach and establishing new municipality provided that Act should take effect immediately upon Sp.Laws 1933, c. 16673, abolishing town of San Mateo City and providing for protection of creditors through tax assessments and collections and payment of town’s debts by various county officers held not unconstitutional as violating provision against passage of local or special bill, unless notice of intention to apply therefor be published in locality affected. Town of San Mateo City v. State ex rel. Landis, 117 Fla. 546, 158 So. 112 (1935). § 11. Prohibited special laws ft (а) There shall be no special law or general law of local application pertaining to: (1) election, jurisdiction or duties of officers, except officers of municipalities, chartered counties, special districts or local governmental agencies; (2) assessment or collection of taxes for state or county purposes, including extension of time therefor, relief of tax officers from due performance of their duties, and relief of their sureties from liability; (3) rules of evidence in any court; (4) punishment for crime; (5) petit juries, including compensation of jurors, except establishment of jury commissions; (б) change of civil or criminal venue; (7) conditions precedent to bringing any civil or criminal proceedings, or limitations of time therefor; (8) refund of money legally paid or remission of fines, penalties or forfeitures; (9) creation, enforcement, extension or impairment of liens based on private contracts, or fixing of interest rates on private contracts; 731 (13) effectuation of invalid deeds, wills or other instruments, or change in the law of descent; Art. 3, § 11 CONSTITUTION—1968 REVISION (10) disposal of public property, including any interest therein, for private purposes; (11) vacation of roads; (12) private incorporation or grant of privilege to a private corporation; Commentary By Talbot “Sandy” D’Alemberte (14) change of name of any person; (15) divorce; (16) legitimation or adoption of persons; (17) relief of minors from legal disabilities; (18) transfer of any property interest of persons under legal disabilities or of estates of decedents; (19) hunting or fresh water fishing; (20) regulation of occupations which are regulated by a state agency; or (21) any subject when prohibited by general law passed by a three-fifths vote of the membership of each house. Such law may be amended or repealed by like vote. (b) In the enactment of general laws on other subjects, political subdivisions or other governmental entities may be classified only on a basis reasonably related to the subject of the law. This section reorganizes and consolidates provisions appearing in a number of different articles and sections in the 1885 Constitution, primarily Article III, Section 20. Constitutions prior to 1868 contained no single provision where prohibited special laws were collected although some matters covered in the immediate section are covered in individual sections of these earlier documents. The 1868 and subsequent constitutions did have a section in which most of the prohibited special laws were concentrated. The present section follows the basic pattern and content recommended by the Constitutional Revision Commission with some changes from and additions to the proposed version. The introductory clause in the Revision Commission proposal followed closely the approach of Article III, Section 20 of the 1885 Constitution. It was in the form of an in- Also new is paragraph (21) which affords a means for expanding the coverage of this section relating to prohibited special laws. Any subject may be brought within the scope of this prohibition by general law which is passed by a three-fifths vote of each house of the legislature. Subsequent action on such a general law must be by a like vote. No vote requirements were recommended by the Revision Commission; general law would have been sufficient. Historical Note Cross References Art. 3, § 11 CONSTITUTION—1968 REVISION A provision deleted from the Revision Commission proposal would have included among these prohibited laws the “supplementation by any county or municipality of salaries and office expenses payable from state funds.” The reasonableness standard for the classification of political subdivisions and governmental entities in general laws covering subjects not listed in subsection (a) is set out in subsection (b). Such classification must be on a basis reasonably related to the subject matter of the law. This is an entirely new provision which was not part of the Revision Commission recommendations. Prior Provisions: Prior Constitutions: Const.1885, Declaration of Rights, Const.lS65, art. 4, § 20. § 17; art. 3, §§ 20, 25, 33; art. 4 Const.1868, art. 4, §§ 17, 22. §§ 12, 30. Const.1868, art. 5, § 12. Application for remission of fine, penalty or forfeiture, see F.S.A. 5 940.02 et seq. Corporations for profit, generally, see F.S.A. § 60S.01 et seq. c Counties, see Article 8, § 1. Fines and forfeitures, suspension of collection, see Article 4, § 8- _Cnme and fresh water fish commission, see Article 4, § 9. Impairment of contracts, see Article 1, § 10. Juries, see Article 5, § 22. Municipal and district elections, see Article 6, § 6. Municipalities, establishing and abolishing, sec Article 8, § 2. - Non-profit corporations, incorporation, see F.S.A. § 617.01 et seq. Public officers, see Article 2, § 5. Regulation of elections, see Article 6, § 1. Special or local laws, County seat, removal of, see Article 8, § l(k). Intoxicants, see Article 8, § 5. Taxation, sec Article 7, § 1 et seq.

10. Submerged lands The State is not prohibited under this section from selling public submerged land as fill material, whether it is before the act of dredging or after the act, if it is not in the public interest; however, the trustees of the improvement trust fund would be clearly violating the responsibilities under Chapter 253 if they authorized any sale of State fill which was not in the public interest. Op.Atty. Gen., 071-68. April 14. 1971. This section pertaining to the sale of state-owned submerged lands does not apply to the sale of fill material which has been severed from the land. Id.

CONSTITUTION—1968 REVISION Art. 10 § 12 punished under provisions of a statute enacted or amended subsequent to the commission of the offense. Id. Pursuant to provisions of this article, relating to the repeal of criminal statutes, the lesser penalties for first offense of possession of cannabis provided by Laws 1971, ch. 71-107, effective July 1, 1971, do not apply to such an offense committed before July 1, 1971. Rather, the more severe penalties provided by section 398.22 are applicable to such an offense. Op.Atty.Gen., 071-345, Oct. 20. 1971. 5. Punishment Where ten years was the maximum penalty in effect when crime of arson was committed but by time of trial the legislature had reduced the maximum sentence to five years imprisonment, defendant was not entitled to be sentenced under the later enacted law; to extent that now repealed statute suggested otherwise it would have been unconstitutional. Castle v. State, 330 So. 2d 10 (1976). 5.1 Sentence Where a sentence is legal when imposed and no direct appeal is taken, case is no longer “pending” for purposes of applying a statutory change in procedures or remedies. Heilmann v. State. App., 310 So.2d 376 (1975).

The Okaloosa Island Authority is without authority to ban all swimming along the foreshore of the Gulf of Mexico coast line of Santa Rosa Island, title to which is held by the state in trust for all the people under this section. Op. Atty.Gen., 073-430, Nov. 26, 1973.

If recreational use of sandy area of beach adjacent to mean high tide has been ancient, reasonable, without interruption and free from dispute, such use, as a matter of custom, should not be interfered with by ocean front owner, but owner may make any use of his property which is consistent with such public use and not calculated to interfere with exercise of right of public to enjoy dry sand area as a recreational adjunct of wet sand or foreshore area. Id. Although duly enacted state and local legislation is presumptively valid, legislation which excludes non-residents from public parks and beaches is probably invalid because such legislation exceeds the authority of the local legislative body concerned, violates the privileges and immunities clause and equal protection clause of the Fourteenth Amendment of the United States Constitution, and violates the “public trust doctrine”. Op.Atty.Gen., 074-279, Sept. 18, 1974.

18. Beaches Even if public had acquired easement by prescription to unused sands-of owner’s ocean front parcel of land, owner could make any use of land consistent with, or not calculated to interfere with, exercise of easement by public, and erection of sky tower by owner was consistent with recreational use of land by public and could not interfere with exercise of any easement public may have acquired by prescription. City of Daytona Beach v. Tona-Rama, Inc., 294 So.2d 73 (1974). A municipality may charge a fee for admission to and use of a municipally owned beach, provided that such fee is reasonably related to the expenses incurred in* operating the beach, and is not discriminatory. . In the absence of legislative authorization, however, a municipality cannot charge fee for, or otherwise regulate or restrict, public admission to and use of the wet-sand beaches of the state, which are owned by the state and held in trust for all the people. Op.Atty.Gen., 075-84, March 18, 1975.

I am guessing at this date because it looks like part of John Underwood's quest to ban driving on the beach. ----------- The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest. Amended; general election, Nov. 3, 1970

Probably John Underwood circa 1987 § II. Sovereignty lands The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people. Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest. Amended, general election, Nov. 3, 1970.