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

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.