Florida House Bill H0841

Florida 2022 Regular Session

• Introduced: 12/3/21
• Refer: 12/16/21
• Refer: 2/10/22

Caption

Residential Property Riparian Rights

Impact

The implications of HB 841 are significant for property owners with land bordering navigable waters. By establishing a clear framework for the calculation of riparian rights, it not only standardizes the method used by land surveyors but also influences how disputes regarding these rights are handled in civil courts. Furthermore, the bill specifies that reasonable attorney fees must be awarded to the prevailing party in cases involving riparian rights, streamlining the legal process and possibly encouraging more individuals to exercise their rights when contested.

Summary

House Bill 841 aims to clarify and establish residential property riparian rights along navigable waters in Florida. The bill amends the Florida Statutes to require land surveyors to use the prolongation-of-property-line method for determining riparian rights boundary lines unless such an application would be inequitable among property owners. This change is intended to provide clarity and consistency in how property owners can establish rights relevant to the construction of docks, piers, and similar improvements adjacent to navigable waters.

Sentiment

The sentiment surrounding HB 841 appears generally supportive, particularly from stakeholders involved in coastal and waterfront property management. Proponents argue that the bill fosters greater fairness and predictability in property rights, which is especially important as waterfront development continues to rise. However, there may be concerns about the potential for this clarity to lead to disputes among adjacent property owners regarding what constitutes fair apportionment of riparian rights.

Contention

While the bill largely aims to provide benefits, some issues of contention may arise regarding its application. Critics could emerge from among those who believe the prolonged property line method could favor larger property owners at the expense of smaller ones. Additionally, there might be debates around the standardization of riparian rights against traditional practices that have existed in specific localities, indicating a broader conversation regarding state versus local governance in property law.