The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 258
STATE PARKS AND PRESERVES

View Entire Chapter

F.S. 258.40

258.40 Scope of preserves.—

(1) The aquatic preserves established under this act shall include only lands or water bottoms owned by the state as set forth in s. 253.03 and such lands or water bottoms owned by other governmental agencies as may be specifically authorized for inclusion by appropriate instrument in writing from such agency. Any privately owned lands or water bottoms shall be deemed to be excluded therefrom; however, the board may negotiate an arrangement with any such private owner by which such land may be included in the preserves.

(2) Any publicly owned and maintained navigation channel or other public works project authorized by the United States Congress designed to improve or maintain commerce and navigation shall be deemed excluded from the aquatic preserves established under this act.

(3) All lands lost by avulsion or by artificially induced erosion shall be deemed excluded from the provisions of this act.

History.—s. 1, ch. 75-172.

F.S. 258.40 on Google Scholar

F.S. 258.40 on Casetext

Amendments to 258.40

Arrestable Offenses / Crimes under Fla. Stat. 258.40

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 258.40.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JONES, v. FLEETWOOD MOTOR HOMES, RV,, 127 F. Supp. 2d 958 (N.D. Ill. 2000)

. . . Plaintiff concedes that the share paid by Crystal Valley was $258.40. . . .

SOUTH DAKOTA, v. YANKTON SIOUX TRIBE, 118 S.Ct. 789 (U.S. 1998)

. . . . § 258.40(b) (1997). The District Court held, in accordance with our decision in South Dakota v. . . .

SOUTH DAKOTA v. YANKTON SIOUX TRIBE, 522 U.S. 329 (U.S. 1998)

. . . See 40 CFR § 258.40(b) (1997). . . .

YANKTON SIOUX TRIBE, a E. a v. U. S. ENVIRONMENTAL PROTECTION AGENCY,, 950 F. Supp. 1471 (D.S.D. 1996)

. . . . § 258.40(e). . . . the EPA’s final decision to waive the composite liner requirement in favor of the District under § 258.40 . . . As discussed in 40 CFR 258.40(e), the State or Tribe is ordinarily responsible for making the initial . . . The Tribe argues that § 258.40(e) expressly permits only a “State” to submit a waiver application and . . . The express language of § 258.40(e) specifically permits the EPA to review a petition submitted by a . . .

YANKTON SIOUX TRIBE, a E. a v. SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, a SOUTHERN MISSOURI WASTE MANAGEMENT DISTRICT, v. STATE OF SOUTH DAKOTA,, 890 F. Supp. 878 (D.S.D. 1995)

. . . . § 258.40. . . . . § 258.40(b) because a composite finer and leachate collection system is required where noncontainerized . . . waste disposal facility, Southern Missouri will install a composite liner as defined in 40 C.F.R. § 258.40 . . . disposal facility, Southern Missouri is required to install a composite liner as defined in 40 C.F.R. § 258.40 . . .

MAYFIELD v. VANGUARD SAVINGS LOAN ASSOCIATION, 710 F. Supp. 143 (E.D. Pa. 1989)

. . . then written as a loan of $14,000 at an interest rate of 20% with a resulting future liability of $44,-258.40 . . .

SCHIFF, v. SIMON SCHUSTER, INCORPORATED,, 766 F.2d 61 (2d Cir. 1985)

. . . Court on June 13, 1985, in connection with the prior appeal, assessing double costs in the amount of $258.40 . . . compliance with the Rule 38 sanctions previously imposed requiring payment of $2,500 in damages plus $258.40 . . .

BERKLEY, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 347 So. 2d 467 (Fla. Dist. Ct. App. 1977)

. . . Sections 258.35-258.46, Fla.Stat. (1975). .Section 258.40(1), Fla.Stat. (1975). .It is significant that . . .

BERKLEY, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 358 So. 2d 552 (Fla. Dist. Ct. App. 1977)

. . . Section 258.40(1), Fla.Stat. (1975). .It is significant that this subsection also defines the Pinellas . . .

UNITED STATES v. TUG OTTO, BARGE ALAMO, 296 F. Supp. 1130 (S.D. Tex. 1967)

. . . The United States is entitled to the recovery of $258.40, representing the vessel time to inspect and . . .

HENRY S. ARMAND v. THE UNITED STATES, 136 Ct. Cl. 339 (Ct. Cl. 1956)

. . . due plaintiff, it was ordered on December 5, 1956, that judgment be entered for the plaintiff for $258.40 . . .

ARMOUR CO. v. RENAKER, 191 F. 48 (C.C.E.D. Ky. 1911)

. . . It further claimed that defendants were accountable to it for $258.40 for the amount paid on a draft . . . plaintiff’s claim that the invoice for car No. 8593 was not correct, or that it should have credit for the $258.40 . . .