CopyCited 5 times | Published | Florida 5th District Court of Appeal
...Walker filed a motion to dismiss for lack of subject matter jurisdiction, claiming that the lands involved were located in Polk, rather than Osceola County. At hearing, the issue revolved around the definition of "shore" found in the statutory description of each county's boundaries. Both section 7.49, Florida Statutes (1985), which describes Osceola County, and section 7.53, Florida Statutes (1985), which describes Polk County, contain references to "along the west and north shore of Lake Hatchineha." The Trustees claim that the juri...
...253.122 are hereby established at the line of mean high water or ordinary high water. There shall be no filling waterward of the line of mean high water or ordinary high water except upon compliance with this chapter. This statute, when read in conjunction with the provisions of sections 7.49 and 7.53, describing the counties and providing for the establishment of bulkhead lines and their subsequent establishment as the shoreline, [4] implies an intent on the part of *157 the legislature to have the shore at the ordinary high water line....
...nary stage of the river, when the volume of water is not increased by rains or freshets, nor diminished below such usual stage or volume by long continued drought, to extreme low water mark." Maloney, Florida Water Law 1980 at 750. [4] Both sections 7.49 and 7.53 provide: The shorelines of Lakes Kissimmee and Hatchineha shall be as physically present unless and until the Board of Trustees of the Internal Improvement Trust Fund shall establish bulkhead lines along the said lake shores; in which e...