(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.
Structure Florida Statutes
Title XI - County Organization and Intergovernmental Relations
Chapter 161 - Beach and Shore Preservation
161.031 - Personnel and facilities.
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.
161.071 - 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.
161.091 - Beach management; funding; repair and maintenance strategy.
161.111 - Shore erosion emergency.
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.