Florida Statutes
Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)
161.021 - Definitions.


(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 where the public has established an accessway through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public access unless a comparable alternative accessway is provided.
(2) “Beach and shore preservation,” “erosion control, beach preservation and hurricane protection,” “beach erosion control” and “erosion control” includes, but is not limited to, erosion control, hurricane protection, coastal flood control, shoreline and offshore rehabilitation, and regulation of work and activities likely to affect the physical condition of the beach or shore.
(3) “Beach nourishment” means the maintenance of a restored beach by the replacement of sand.
(4) “Beach restoration” means the placement of sand on an eroded beach for the purposes of restoring it as a recreational beach and providing storm protection for upland properties.
(5) “Board of trustees” means the Board of Trustees of the Internal Improvement Trust Fund.
(6) “Coastal construction” includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.
(7) “Department” means the Department of Environmental Protection.
(8) “Emergency” means any unusual incident resulting from natural or unnatural causes which endangers the health, safety, or resources of the residents of the state, including damages or erosion to any shoreline resulting from a hurricane, storm, or other such violent disturbance.
(9) “Inlet sediment bypassing” includes any transfer of sediment from an inlet or beach to another stretch of beach for the purpose of nourishment and beach erosion control.
(10) “Local government” means a county, municipality, community development district, or independent special taxing district.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 43, ch. 71-377; s. 1, ch. 78-257; s. 1, ch. 86-138; s. 11, ch. 87-97; s. 17, ch. 94-356; s. 2, ch. 2000-346; s. 1, ch. 2007-99.

Structure Florida Statutes

Florida Statutes

Title XI - County Organization and Intergovernmental Relations

Chapter 161 - Beach and Shore Preservation

Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)

161.011 - Short title.

161.021 - Definitions.

161.031 - Personnel and facilities.

161.041 - Permits required.

161.0415 - Citation of rule.

161.042 - Coastal construction and excavation in barrier beach inlets.

161.051 - Coastal construction by persons, firms, corporations, or local authorities.

161.052 - Coastal construction and excavation; regulation.

161.053 - Coastal construction and excavation; regulation on county basis.

161.0531 - Development agreements.

161.0535 - Permits; fees, costs.

161.054 - Administrative fines; liability for damage; liens.

161.055 - Concurrent processing of permits.

161.061 - Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.

161.071 - Prosecuting officers to assist enforcement of this part.

161.081 - Powers of Department of Legal Affairs.

161.082 - Review of innovative technologies for beach nourishment.

161.085 - Rigid coastal armoring structures.

161.088 - Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.

161.091 - Beach management; funding; repair and maintenance strategy.

161.101 - State and local participation in authorized projects and studies relating to beach management and erosion control.

161.111 - Shore erosion emergency.

161.121 - Penalty.

161.131 - Construction of ss. 161.011-161.212.

161.141 - Property rights of state and private upland owners in beach restoration project areas.

161.142 - Declaration of public policy relating to improved navigation inlets.

161.143 - Inlet management; planning, prioritizing, funding, approving, and implementing projects.

161.144 - Policy guidance related to sand source management.

161.151 - Definitions; ss. 161.141-161.211.

161.161 - Procedure for approval of projects.

161.163 - Coastal areas used by sea turtles; rules.

161.181 - Recording of resolution and survey of board of trustees.

161.191 - Vesting of title to lands.

161.201 - Preservation of common-law rights.

161.211 - Cancellation of resolution for nonperformance by board of trustees.

161.212 - Judicial review relating to permits and licenses.

161.242 - Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.