Public Trust Law

The Public Trust Environmental Legal Institute Of Florida What is the Public Trust? The "Public Trust Doctrine" is an ancient legal doctrine dating back to the Roman Code of Justinian in 539 A.D. and holds that public lands and waters are held in trust for the use of all people. The doctrine has withstood the test of time and even became codified in the Florida Constitution in 1970.

The primary focus of the Public Trust Environmental Legal Institute of Florida is to uphold this doctrine through the zealous protection of the City of Jacksonville's Preservation Project and other federal and state protected lands and waters.

Commonly known as the "Public Trust," we pursue legal means, including litigation if necessary, to protect and preserve the public lands and waters. Additionally, we support the education of political leaders, government officials and citizens by participating in speaking engagements and writing articles and letters. The Public Trust also promotes the use and enjoyment of land and waters within the public trust.

Legal Update: St. Johns River Ferry

An aerial photo of the ferry.

Reports are in that as the temperature is rising, so is the ridership of the St. Johns River Ferry.  And as more and more people rely on the ferry for their commute or for recreation, the Jacksonville Port Authority continues to stand by its resolution to terminate service on September 30th, 2012.  So who, if anyone, will run the ferry come October 1st, 2012?  It appears the answer may be a new ferry commission proposed by City of Jacksonville City Councilmember Bill Gulliford. On March 29th, 2012 the ad hoc committee created by Gulliford approved a bill that would create this ferry commission.  The Jacksonville City Council has yet to approve the bill.  As proposed, the commission would receive funding from a variety of public and private sources including grants in order to either operate the ferry or engage a private-public entity to operate it.  So far the Jacksonville Port Authority has stated that it hopes to support the ferry but there is no word as to whether they will offer any financial support to the commission.

As for the land the ferry sits on and the eight other parcels that were transferred to the Jacksonville Port Authority in 2007 when the Port Authority agreed to operate the ferry, the fate of those parcels is also still up in the air.  The Port Authority's top executive has stated that he would consider returning to the city "a valuable piece of waterfront land that has been part of a possible cruise site terminal in Mayport."  (1/16/12 FTU Article, JaxPort Might Offer Mayport Land Back to City, David Bauerlein).  The parcel in question is 4610 Ocean Street and is currently valued by the Duval County Property Appraiser at $799,000.  When the Port Authority voted to terminate the ferry operation in February of this year they cited operating costs of about $680,000 a year.

Thus the people of Jacksonville and the Beaches still do not know how they will be able to cross the St. Johns River come October.  Will it be a scenic and yet direct route through historic Mayport Village that kids and adults alike have enjoyed since 1948, or a route which avoids the one-of-a-kind sights, sounds, and smells of one of the few working waterfronts in all of Florida?  The City Council has the power to decide.