The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.191

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 line and the area of beach to be protected as provided in s. 161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the date the board of trustees’ survey was recorded.

(2) Once the erosion control line along any segment of the shoreline has been established in accordance with the provisions of ss. 161.141-161.211, the common law shall no longer operate to increase or decrease the proportions of any upland property lying landward of such line, either by accretion or erosion or by any other natural or artificial process, except as provided in s. 161.211(2) and (3). However, the state shall not extend, or permit to be extended through artificial means, that portion of the protected beach lying seaward of the erosion control line beyond the limits set forth in the survey recorded by the board of trustees unless the state first obtains the written consent of all riparian upland owners whose view or access to the water’s edge would be altered or impaired.

History.—s. 6, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.

F.S. 161.191 on Google Scholar

F.S. 161.191 on Casetext

Amendments to 161.191

Arrestable Offenses / Crimes under Fla. Stat. 161.191

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.191.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. WALTON COUNTY, N., 121 So. 3d 1166 (Fla. Dist. Ct. App. 2013)

. . . Specifically, plaintiffs sought a declaration that sections 161.141 and 161.191, Florida Statutes (2004 . . . court’s order, the plaintiffs filed their Second Amended Complaint, alleging that sections 161.141, 161.191 . . .

STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 560 U.S. 702 (U.S. 2010)

. . . . § 161.191(1). . . . . § 161.191(2). . . .

STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 177 L. Ed. 2d 184 (U.S. 2010)

. . . . § 161.191(1). . . . . § 161.191(2). . . .

WALTON COUNTY, v. STOP BEACH RENOURISHMENT, INC. v., 998 So. 2d 1102 (Fla. 2008)

. . . Pursuant to section 161.191(1) of the Beach and Shore Preservation Act, this ECL became the boundary . . . Specifically, STBR asserted that section 161.191(1) of the Beach and Shore Preservation Act, which fixes . . . Pursuant to section 161.191(1), this ECL becomes the new fixed property boundary between public lands . . . And, under section 161.191(2), once the ECL has been established, the common law no longer operates “ . . . See § 161.191(1). Fourth, the upland owner’s littoral right of access is preserved under the Act. . . . See §§ 161.141, 161.191, 161.201, Fla. Stat. (2005). . . . .

SAVE OUR BEACHES, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 27 So. 3d 48 (Fla. Dist. Ct. App. 2006)

. . . Significantly, section 161.191 provides that the erosion control line becomes the new property boundary . . . all riparian upland owners whose view or access to the water’s edge would be altered or impaired. § 161.191 . . . ) the right to have the property’s contact with the water remain intact, were eliminated by section 161.191 . . . See § 161.191(1), Fla. . . . However, section 161.191(2) states that “the common law shall no longer operate to increase or decrease . . .

WALLACE CORPORATION, v. CITY OF MIAMI BEACH, 793 So. 2d 1134 (Fla. Dist. Ct. App. 2001)

. . . See § 161.191(1), Fla. Stat. (1997); see also § 161.151(3), Fla. Stat. (1997). . . .

APPLEGATE, v. UNITED STATES,, 35 Fed. Cl. 406 (Fed. Cl. 1996)

. . . In 1970 the Florida Legislature adopted sections 161.141 and 161.191 of the Shores and Beach Preservation . . . state-established ECL, enacted pursuant to the Shores and Beach Preservation Act, Fla.StatAnn. §§ 161.141, 161.191 . . . Fla.Stat. § 161.191 provides, in pertinent part: (1) ... . . .

HILLSBORO ISLAND HOUSE CONDOMINIUM APARTMENTS, INC. v. TOWN OF HILLSBORO BEACH, a, 263 So. 2d 209 (Fla. 1972)

. . . . § 161.191, F.S.A., title to improved beach land is divided between the upland owners and the State; . . . However, Fla.Stat. § 161.191, F.S.A. specifies that title to beach land improvements are divided between . . .

TRUSTEES OF INTERNAL IMPROVEMENT FUND v. MADEIRA BEACH NOMINEE,, 36 Fla. Supp. 26 (Pinellas Cty. Cir. Ct. 1971)

. . . .” §161.191 of the statutes appears to vest in the state previously privately held riparian rights without . . .