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. 161.211

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 date of the recording of the board of trustees’ survey, as provided in s. 161.181, or in the event construction is commenced but halted for a period exceeding 6 months from commencement, then, upon receipt of a written petition signed by those owners or lessees of a majority of the lineal feet of riparian property which either abuts or would have abutted the erosion control line if the same had been located at the line of mean high water on the date the board of trustees’ survey was recorded, the board of trustees shall forthwith cause to be canceled and vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line, and the erosion control line shall be null and void and of no further force or effect.

(2) If the state, county, municipality, erosion control district, or other governmental agency charged with the responsibility of maintaining the protected beach fails to maintain the same and as a result thereof the shoreline gradually recedes to a point or points landward of the erosion control line as established herein, the provisions of s. 161.191(2) shall cease to be operative as to the affected upland.

(3) In the event a substantial portion of the shoreline encompassed within the erosion control project recedes landward of the erosion control line, the board of trustees, on its own initiative, may direct or request, or, upon receipt of a written petition signed by the owners or lessees of a majority of the lineal feet of riparian property lying within the erosion control project, shall direct or request, the agency charged with the responsibility of maintaining the beach to restore the same to the extent provided for in the board of trustees’ recorded survey. If the beach is not restored as directed or requested by the board of trustees within a period of 1 year from the date of the directive or request, the board of trustees shall forthwith cause to be canceled and vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line, and the erosion control line shall be null and void and of no further force or effect.

History.—s. 8, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.

F.S. 161.211 on Google Scholar

F.S. 161.211 on Casetext

Amendments to 161.211

Arrestable Offenses / Crimes under Fla. Stat. 161.211

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.211.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . §161.211(2), (3). . . .

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

. . . . § 161.211(2), (3). . . .

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

. . . halted in excess of a six-month period, or the authorities do not maintain the restored beach, section 161.211 . . . See § 161.211. . . . chapter 161, Florida Statutes (2005): sections 161.088, 161.101, 161.141, 161.161, 161.191, 161.201, and 161.211 . . . or "erosion control line,” as the line determined in accordance with the provisions of ss. 161.141-161.211 . . . Const; §§ 161.211(2)-(3), 253.141(1), Fla. Stat. (2005). . . .

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

. . . along any segment of the shoreline has been established in accordance with the provision of ss. 161.U1-161.211 . . . either by accretion or erosion or by any other natural or artificial process, except as provided in s. 161.211 . . . entitled to all of their riparian rights: Any upland owner or lessee who by operation of ss. 161.H1-161.211 . . . artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211 . . .

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

. . . artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211 . . .

SOUTH LAKE WORTH INLET DISTRICT, v. TOWN OF OCEAN RIDGE TOWN OF MANALAPAN J. L. C. H. v. TOWN OF OCEAN RIDGE PALM BEACH COUNTY, v. TOWN OF OCEAN RIDGE, 633 So. 2d 79 (Fla. Dist. Ct. App. 1994)

. . . The scheme adopted in what became designated as sections 161.141 to 161.211 then proceeded to set the . . .