Recent issues have arisen concerning the use of the Florida Land Conservation Fund (FLY) as the means of transferring the rights of riparian use under the Florida Fish and Wildlife Conservation Act to developers. As riparian land rights were previously granted by the Florida Supreme Court, a transfer to the Fish and Wildlife Conservation Commission was necessary to enforce the riparian rights of the riparian landowners. However, the development of land in this state by individual and group entities, often without prior approval from the Fish and Wildlife Conservation Commission or any governmental body, presents a new and potentially greater threat to riparian rights than the existing Florida State Courts ever could have envisioned. Riparian rights, in short, are the right of landowners to use their land for the purpose of grazing their livestock and their own personal use, such as golf courses, hiking, and recreational pursuits. Riparian rights are a basic element of property rights, and the right of riparian use is enshrined in the U.S. Constitution, the Florida Constitution and several state constitutions. Riparian rights are not a right that can be taken away by a single act of any authority, but riparian rights are generally protected against governmental action or inaction by governmental authority. There are, however, many governmental bodies, including the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection (DEP) and the Department of State Lands, that have the capacity to restrict land use by private, as well as public, interests, and the FLY has been used primarily to achieve their goal of preserving riparian rights. However, a significant new threat to riparian rights is being developed by developers and landowners for the purposes of transferring riparian rights, and the transfer of existing riparian rights, to developers. This new threat involves the use of a proposed new agency, the Florida Conservation Clinic (C.C.), or a cooperative agreement with the developer, in lieu of a governmental agency that would enforce riparian rights. The current transfer of riparian rights from the Florida Supreme Court to the newly formed Fish and Wildlife Conservation Commission under FLY will be replaced by transfer via the newly formed C.C. or other cooperative agreements. In order to preserve riparian rights, public agencies or private owners, as well as developers and landowners, must continue to maintain a high level of vigilance. These agencies and landowners should, in turn, use appropriate legal measures and enforcement mechanisms for protection of riparian rights through an effective legal system. III.
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LevinCollegeofLaw ConservationClinic DATE: 230BrutonGeerHall POBox117629 Gainesville,FL326117629 3522730835 3523921457Fax1.29.2007MEMORANDUM TO: FROM: RE:TomAnkersen, Director, UFLawConservationClinic
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