Fla. Stat. § 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.”
Florida Statutes Chapter 161 — BEACH AND SHORE PRESERVATION
Florida · statute · Fla. Stat. ch. 161 · 67 active provisions
Fla. Stat. § 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, 161.052, and 161.053 means the public’s right to laterally traverse the sandy beaches of this state where such access exists on or after July 1, 1987, or…
Fla. Stat. § 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 University of Florida or other educational institution financed wholly or in part by the state, for the purpose of devising the most effective and economical meth…
Fla. Stat. § 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 structures, or any construction or physical activity undertaken specifically for shore protection purposes, or other structures and phys…
Fla. Stat. § 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 pursuant to this chapter or such rules promulgated hereunder, cite a specific rule or provision of the Florida Building Code. If a request for inf…
Fla. Stat. § 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 any activity conducted to maintain navigable depths within or immediately adjacent to any coastal barrier beach inlet within sovereignty lands, after the department considers…
Fla. Stat. § 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, such works and improvements shall be the property of said person, firm, corporation, county, municipality, township, special district,…
Fla. Stat. § 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 structure incidental to or related to such structure, including but not limited to such attendant structures or facilities as a pa…
Fla. Stat. § 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 to frequent and severe fluctuations and represent one of the most valuable natural resources of Florida and that it is in the public interest to preserve and prot…
Fla. Stat. § 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 an existing development agreement, for activities seaward of a coastal construction control line. All such agreements must further the conservation, preservation, an…
Fla. Stat. § 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 and 161.053. The fee schedule must contain categories of permits based on the varying costs of evaluating applications for different types of proposed construction. The fe…
Fla. Stat. § 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 comply with or willfully violating s. 161.041, s. 161.052, or s. 161.053, or any rule or order prescribed by the department thereunder, shall incur a f…
Fla. Stat. § 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 port conceptual permit pursuant to s. 373.4133, the department may, by rule, provide that the activity may be undertaken only upon receipt of a single perm…
Fla. Stat. § 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 sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, regardless of date of construction or whet…
Fla. Stat. § 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 the department in enforcement of this part. The officers and their deputies shall, upon information that any persons, firms, or corporations are violating any of the…
Fla. Stat. § 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 a public nuisance and the Department of Legal Affairs may at the request of the Department of Environmental Protection institute proceedings to enjoin or abate such nuisance.
Fla. Stat. § 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 are alternatives to traditional dredge and fill projects to determine the most effective and less costly techniques for beach nou…
Fla. Stat. § 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 state takes measures to reduce erosion on a regional basis, this section is the state’s policy on rigid coastal armoring structures, pursuant to ss. 161.…
Fla. Stat. § 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, it is hereby declared to be a necessary governmental responsibility to properly manage and protect Florida beaches fronting on the Atlantic Ocean, Gulf of America, and Stra…
Fla. Stat. § 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 the department in order to carry out the proper state responsibilities in a comprehensive, long-range, statewide beach management plan for erosion control; beach p…
Fla. Stat. § 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 be adequately addressed most efficiently by a state-initiated program of beach restoration and beach nourishment. However, since local beach communiti…
Fla. Stat. § 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 shore erosion.
Fla. Stat. § 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 degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 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 programs.
Fla. Stat. § 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, and erosion control projects, the boundary line between sovereignty lands of the state bordering on the Atlantic Ocean, the Gulf of America, or the Straits of Florida…
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