Florida Statutes Part I - Regulation Of Construction, Reconstruction, Andother Physical Activity (Ss. 161.011-161.242)

• 161.011 - Short Title.
  Parts I and II of this chapter may be known and cited as the “Dennis L. Jones Beach and Shore Preservation Act.”History.—s. 1, ch. 65-408;...
• 161.021 - Definitions.
  In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase, or term:(1) “Access” or “public access” as used in ss. 161.041,...
• 161.031 - Personnel And Facilities.
  The Department of Environmental Protection may call to its assistance temporarily, any engineer or other employee in any state agency or department or in the...
• 161.041 - Permits Required.
  (1) If a person, firm, corporation, county, municipality, township, special district, or public agency desires to make any coastal construction or reconstruction or change of existing...
• 161.0415 - Citation Of Rule.
  In addition to any other provisions within this chapter or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application...
• 161.042 - Coastal Construction And Excavation In Barrier Beach Inlets.
  The department is authorized to direct any person, or any public body or agency, responsible for the excavation of sandy sediment as a result of...
• 161.051 - Coastal Construction By Persons, Firms, Corporations, Or Local Authorities.
  Where any person, firm, corporation, county, municipality, township, special district, or any public agency shall construct and install projects when permits have been properly issued,...
• 161.052 - Coastal Construction And Excavation; Regulation.
  (1) No person, firm, corporation, municipality, county, or other public agency shall excavate or construct any dwelling house, hotel, motel, apartment building, seawall, revetment, or other...
• 161.053 - Coastal Construction And Excavation; Regulation On County Basis.
  (1)(a) The Legislature finds and declares that the beaches in this state and the coastal barrier dunes adjacent to such beaches, by their nature, are subject...
• 161.0531 - Development Agreements.
  (1) At the request of the property owner, the department is authorized to enter into a development agreement with such property owner, or modify or extend...
• 161.0535 - Permits; Fees, Costs.
  The department may establish by rule a fee schedule and may assess fees for the filing, processing, and issuance of permits issued under ss. 161.041...
• 161.054 - Administrative Fines; Liability For Damage; Liens.
  (1) In addition to the penalties provided for in ss. 161.052, 161.053, and 161.121, any person, firm, corporation, or governmental agency, or agent thereof, refusing to...
• 161.055 - Concurrent Processing Of Permits.
  (1) When an activity for which a permit is required under this chapter also requires a permit, authorization, or approval described in paragraph (2)(b), including a...
• 161.061 - Coastal Construction Serving No Public Purpose, Endangering Human Life, Health, Or Welfare, Or Becoming Unnecessary Or Undesirable.
  (1) Any coastal construction, or any structure including groins, jetties, moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable design upon...
• 161.071 - Prosecuting Officers To Assist Enforcement Of This Part.
  State attorneys, or other prosecuting officers of the state or county, and sheriffs and their deputies of the several counties of this state, shall assist...
• 161.081 - Powers Of Department Of Legal Affairs.
  When a permit is required under this part and has not been issued as provided herein, any such project or physical activity shall be considered...
• 161.082 - Review Of Innovative Technologies For Beach Nourishment.
  The department is directed to periodically review innovative technologies for beach nourishment and, on a limited basis, authorize, through the permitting process, experimental projects that...
• 161.085 - Rigid Coastal Armoring Structures.
  (1) The state recognizes the need to protect private structures and public infrastructure from damage or destruction caused by coastal erosion. Until such time as the...
• 161.088 - Declaration Of Public Policy Respecting Beach Erosion Control And Beach Restoration And Nourishment Projects.
  Because beach erosion is a serious menace to the economy and general welfare of the people of this state and has advanced to emergency proportions,...
• 161.091 - Beach Management; Funding; Repair And Maintenance Strategy.
  (1) Subject to such appropriations as the Legislature may make therefor from time to time, disbursements from the Land Acquisition Trust Fund may be made by...
• 161.101 - State And Local Participation In Authorized Projects And Studies Relating To Beach Management And Erosion Control.
  (1) The Legislature recognizes that beach erosion is a statewide problem that does not confine its effects to local governmental jurisdictions and that beach erosion can...
• 161.111 - Shore Erosion Emergency.
  If a shore erosion emergency is declared by the Governor, the state, acting through the department, may spend whatever state funds are available to alleviate...
• 161.121 - Penalty.
  Unless otherwise provided in this chapter, whoever shall fail to comply with the provisions of this part is guilty of a misdemeanor of the first...
• 161.131 - Construction Of Ss. 161.011-161.212.
  The provisions of ss. 161.011-161.212 shall be liberally construed by all concerned in a manner to best accomplish the beach and shore preservation purposes and...
• 161.141 - Property Rights Of State And Private Upland Owners In Beach Restoration Project Areas.
  The Legislature declares that it is the public policy of the state to cause to be fixed and determined, pursuant to beach restoration, beach nourishment,...
• 161.142 - Declaration Of Public Policy Relating To Improved Navigation Inlets.
  The Legislature recognizes the need for maintaining navigation inlets to promote commercial and recreational uses of our coastal waters and their resources. The Legislature further...
• 161.143 - Inlet Management; Planning, Prioritizing, Funding, Approving, And Implementing Projects.
  (1) Studies, projects, and activities for the purpose of mitigating the erosive effects of inlets and balancing the sediment budget of the inlet and adjacent beaches...
• 161.144 - Policy Guidance Related To Sand Source Management.
  The Legislature recognizes that beach-quality sand for the nourishment of the state’s critically eroded beaches is an exhaustible resource, in ever-decreasing supply, and must be...
• 161.151 - Definitions; Ss. 161.141-161.211.
  As used in ss. 161.141-161.211:(1) “Board of trustees” means the Board of Trustees of the Internal Improvement Trust Fund.(2) “Requesting authority” means any coastal county, municipality, or...
• 161.161 - Procedure For Approval Of Projects.
  (1) The department shall develop and maintain a comprehensive long-term management plan for the restoration and maintenance of the state’s critically eroded beaches fronting the Atlantic...
• 161.163 - Coastal Areas Used By Sea Turtles; Rules.
  The department shall adopt by rule a designation of coastal areas which are utilized, or are likely to be utilized, by sea turtles for nesting....
• 161.181 - Recording Of Resolution And Survey Of Board Of Trustees.
  If no review is taken within the time prescribed from the decision of the board of trustees or, if review be timely taken, in the...
• 161.191 - Vesting Of Title To Lands.
  (1) Upon the filing of a copy of the board of trustees’ resolution and the recording of the survey showing the location of the erosion control...
• 161.201 - Preservation Of Common-law Rights.
  Any upland owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean high-water line shall, nonetheless,...
• 161.211 - Cancellation Of Resolution For Nonperformance By Board Of Trustees.
  (1) If for any reason construction of the beach erosion control project authorized by the board of trustees is not commenced within 2 years from the...
• 161.212 - Judicial Review Relating To Permits And Licenses.
  (1) As used in this section, unless the context otherwise requires:(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other...
• 161.242 - Harvesting Of Sea Oats And Sea Grapes Prohibited; Possession Prima Facie Evidence Of Violation.
  (1) The purpose of this section is to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the...

Last modified: September 23, 2016