CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 376683
...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. In addition to the provisions of section
258.42(3)(a) and (e) quoted above, we find pertinent a further provision found in section
258.44, which reads as follows:
258.44....
...ly comprehended the import of the above constitutional and statutory provisions, as indicated by his conclusions of law found in the order. In paragraph 19 of his order, the hearing officer found that section
258.43(3)(e)1 and the second sentence of section
258.44 (above quoted), "permit, but do not require" the trustees to allow construction of docks in state preserves to facilitate access....
...le enlarges, modifies, or contravenes these permissive statutory provisions, and consequently, "has failed to show how the rule offends these statutory provisions." Further, in paragraph 20, the hearing officer found that while the first sentence of section 258.44 prohibits the Trustees from managing the preserve in such a way as to infringe upon the traditional riparian rights of upland property owners adjacent to or within the preserve, "[n]either the factual record of this case nor the law de...
...the traditional riparian rights of upland owners so as to include the right to extend docks over 500 feet through sovereign submerged lands." Thus, the hearing officer concluded, the rule does not enlarge, modify, or contravene the first sentence of section 258.44....
