The Constitution defines that phrase to mean in the Atlantic Ocean within one mile of the coastline or in the Gulf of Mexico within 3 miles of the coastline. At the time of the alleged violation, Darbie was fishing in the Gulf of Mexico approximately 6 miles seaward of the nearest continually dry land mass, East Bahia Honda Key. The trial court denied the motion to dismiss. The Third DCA affirmed. The court first noted that the definition of a State's coastline is determined by Federal law.
Federal law defines the coastline as the line of ordinary low water.
DEP rejected the County's argument, concluding that the provision requires a showing of an intentional and purposeful violation of local laws. The 3rd DCA affirmed. The Court also rejected the County's argument that sites with existing contamination were ineligible to participate in the program as contrary to the plain language and legislative intent of the statutes creating the Program. Ownership rights granted under the Butler Act to a party that made improvements to submerged lands are limited to the area upon which permanent structures were erected. No title vests for dredged areas surrounding such structures.