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Florida Statute 161.021 - Full Text and Legal Analysis Florida Statute 161.021 | Lawyer Caselaw & Research
Fla. Stat. § 161.021 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 161.021

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·Town of Palm Beach v. State, Dept. of Nat'l Res., 577 So. 2d 1383 (Fla. 4th DCA 1991).

Cited 6 times | Published | Florida 4th District Court of Appeal

...below the mean high-water line of any body of tidal water... ." "Coastal construction" is defined to include "any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes. " § 370.01(17), Fla. Stat.; § 161.021(6), Fla....
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Cited as authority(citing case) (2003)
phrase: "rule_authority"
Cited as authority(citing case) (1991)
phrase: "rule_authority"
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·South Lake Worth Inlet Dist. v. Ocean Ridge, 633 So. 2d 79 (Fla. 4th DCA 1994).

Cited 5 times | Published | Florida 4th District Court of Appeal

...Under the 1965 legislation, any city or county or special district desiring to carry on any "work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes" was required to obtain a permit from the state. § 161.021(4), Fla....
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Cited as authorityJacobs (2002)
phrase: "rule_authority"
Cited as authorityKirk (2001)
phrase: "rule_authority"
Cited as authorityKirk (1999)
phrase: "rule_authority"

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