Florida Statute 177.28 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 177
LAND BOUNDARIES

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177.28 Legal significance of the mean high-water line.—

(1) Mean high-water line along the shores of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the state in its sovereign capacity and upland subject to private ownership. However, no provision of this part shall be deemed to constitute a waiver of state ownership of sovereignty submerged lands, nor shall any provision of this part be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors.

(2) No provision of this part shall be deemed to modify the common law of this state with respect to the legal effects of accretion, reliction, erosion, or avulsion.

History.—s. 4, ch. 74-56.

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Amendments to 177.28

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Cases Citing Statute 177.28

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Trepanier v. Cnty. of Volusia, 965 So. 2d 276 (Fla. 5th DCA 2007).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2007 WL 2682133

...Under that provision, title to the portion of the beach below the mean high water line is held by the state in trust for all the people. The "beach," however, includes more land than what is set aside for the people under the public trust doctrine. The area above the mean high water line is subject to private ownership. § 177.28(1), Fla....

...For example, the 2004 hurricanes resulted in the beach being closed to vehicles by the County for approximately four (4) months. To date, vehicles can only use the beach during low tide. Special common law rules and the Florida Constitution govern the boundaries of waterfront property. § 177.28(2), Fla....

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