Florida Statute 161.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.021

161.021 Definitions.—In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase, or term:

(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.

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Amendments to 161.021

Arrestable Offenses / Crimes under Fla. Stat. 161.021

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.021.

Annotations, Discussions, Cases:

Cases Citing Statute 161.021

Total Results: 5

Tire Kingdom, Inc. v. Dishkin

Court: District Court of Appeal of Florida | Date Filed: 2011-07-06

Citation: 81 So. 3d 437, 2011 Fla. App. LEXIS 10550, 2011 WL 3311742

Snippet: Ordinance. See § 559.921, Fla. Stat. (2006); § 8A-161.21, Miami Dade County Code. . Soper previously participated

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-04-22

Snippet: special districts.See, e.g., ss. 542.17(8) and 161.021(10), Fla. Stat., defining "Local government" to

South Lake Worth Inlet Dist. v. Ocean Ridge

Court: District Court of Appeal of Florida | Date Filed: 1994-02-23

Citation: 633 So. 2d 79

Snippet: required to obtain a permit from the state. § 161.021(4), Fla. Stat. (1965). This legislation did not

Town of Palm Beach v. STATE, DEPT. OF NAT'L RES.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-10

Citation: 577 So. 2d 1383

Snippet: shore processes." § 370.01(17), Fla. Stat.; § 161.021(6), Fla. Stat. Section 161.053, Florida Statutes

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Court: Florida Attorney General Reports | Date Filed: 1986-08-14

Snippet: prior to the commencement of such work. See, s. 161.021(4), F.S., renumbered by Ch. 86-138, Laws of Florida