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Florida Statute 161.201 | Lawyer Caselaw & Research
F.S. 161.201 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 161.201

The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 161
BEACH AND SHORE PRESERVATION
View Entire Chapter
F.S. 161.201
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, continue to be entitled to all common-law riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress, egress, view, boating, bathing, and fishing. In addition the state shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention of erosion. Neither shall such use be permitted by the state as may be injurious to the person, business, or property of the upland owner or lessee; and the several municipalities, counties and special districts are authorized and directed to enforce this provision through the exercise of their respective police powers.
History.s. 7, ch. 70-276.

F.S. 161.201 on Google Scholar

F.S. 161.201 on Casetext

Amendments to 161.201


Arrestable Offenses / Crimes under Fla. Stat. 161.201
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.201.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 161.201. . . .

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

. . . STBR further argued that the littoral rights, which are expressly preserved by section 161.201 of the . . . See § 161.201. The Act also protects the upland owners’ rights to boating, bathing, and fishing. . . . See § 161.201. . . . See § 161.201. . . . See §§ 161.201; 161.141. Given these significant differences, Belvedere does not apply here. III. . . . 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)

. . . Moreover, the legislature explicitly recognizes in section 161.201 that common law riparian rights continue . . . See § 161.201, Fla. . . . It is not enough to provide, as in section 161.201, rights of ingress and egress to the water over the . . . The Department relied on section 161.201 to rule that the landowners’ riparian rights are not affected . . . Although section 161.201 has language describing a preservation of common law riparian rights, it does . . .

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

. . . finding that the beachwalk project is a “structure required for the prevention of erosion” under section 161.201 . . . Section 161.201, Florida Statutes (1997), provides that any structure constructed seaward of the ECL, . . . As a result, the ALJ found that Wallace lacked standing to make a challenge under section 161.201. . . . With respect to the interpretation of section 161.201, the Secretary of DEP adopted the determination . . . Section 161.201, Florida Statutes Section 161.201 provides, in pertinent part, that [T]he state shall . . .

FLO- SUN, INC. v. R. KIRK, v. R., 783 So. 2d 1029 (Fla. 2001)

. . . regulatory scheme, despite the existence of a cumulative remedy/savings clause codified as section 161.201 . . .

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

. . . . § 161.201, F.S.A., the Town will exercise its police powers over this improved area. . . .