Florida Statute 161.054 | 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. 161.054

161.054 Administrative fines; liability for damage; liens.—

(1) In addition to the penalties provided for in ss. 161.052, 161.053, and 161.121, any person, firm, corporation, or governmental agency, or agent thereof, refusing to comply with or willfully violating s. 161.041, s. 161.052, or s. 161.053, or any rule or order prescribed by the department thereunder, shall incur a fine for each offense in an amount up to $15,000 to be fixed, imposed, and collected by the department. Each day during any portion of which such violation occurs constitutes a separate offense.

(2) Whenever any person, firm, corporation, or governmental agency, or agent thereof, knowingly or by gross negligence violates any of the provisions of s. 161.041, s. 161.052, or s. 161.053 so that damage is caused to sovereignty lands seaward of mean high water or to beaches, shores, or beach-dune systems, including animal, plant, or aquatic life thereon, such violator shall be liable for such damage. If two or more persons, firms, corporations, or governmental agencies, or their agents, cause damage, and if liability for such damage cannot be apportioned, each violator shall be jointly and severally liable for the damage. If, however, liability for such damage can be apportioned, each violator is liable only for that portion of the damage and subject to that portion of the fine attributable to his or her violation.

(3) The imposition of a fine or an award of damages pursuant to this section shall create a lien upon the real and personal property of the violator, enforceable by the department as are statutory liens under chapter 85. The proceeds of such fines and awards of damages shall be deposited in the Florida Coastal Protection Trust Fund.

(4) Fines imposed by the department or damages awarded shall be of such amount so as to ensure immediate and continued compliance with the provisions of ss. 161.041, 161.052, and 161.053.

(5) Any applicant for a permit pursuant to s. 161.041, s. 161.052, or s. 161.053 shall be denied a permit if a lien imposed upon the property pursuant to the provisions of this section is outstanding against the applicant; however, the department may authorize a permit after the fact in accordance with s. 161.041, s. 161.052, or s. 161.053, conditioned upon a resolution of the violation.

History.—s. 4, ch. 80-183; s. 3, ch. 83-247; s. 35, ch. 85-55; s. 2, ch. 86-138; s. 15, ch. 87-97; s. 30, ch. 91-45; s. 894, ch. 95-147; s. 3, ch. 96-321; s. 6, ch. 2015-229; s. 4, ch. 2020-158.

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Amendments to 161.054

Arrestable Offenses / Crimes under Fla. Stat. 161.054

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.054.

Annotations, Discussions, Cases:

Cases Citing Statute 161.054

Total Results: 7

Trepanier v. County of Volusia

Court: District Court of Appeal of Florida | Date Filed: 2007-09-14

Citation: 965 So. 2d 276, 2007 WL 2682133

Snippet: the definition set forth in Fla. Stat. section 161.54(3) (2004). Plaintiffs are permanently enjoined

Atlantis at Perdido Ass'n, Inc. v. Warner

Court: District Court of Appeal of Florida | Date Filed: 2006-07-06

Citation: 932 So. 2d 1206, 2006 WL 1835321

Snippet: of the existing structure as defined in Section 161.54, F.S." Fla. Admin. Code R. 62B-33.002(47) (2005)

Fleetwood Homes of Florida, Inc. v. Reeves

Court: District Court of Appeal of Florida | Date Filed: 2002-12-27

Citation: 833 So. 2d 857, 2002 WL 31875183

Snippet: standard to misconduct for election officials); § 161.054, Fla. Stat. (2001) (violators of certain coastal

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-01-27

Snippet: within coastal building zones as defined in s. 161.54, specification standards developed by nationally

Holmberg v. DEPT. OF NATURAL RES.

Court: District Court of Appeal of Florida | Date Filed: 1987-03-02

Citation: 503 So. 2d 944, 12 Fla. L. Weekly 659

Snippet: coastal construction permit, pursuant to Section 161.054(1), Florida Statutes (1985). The second requires

McDonough v. Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1982-05-12

Citation: 414 So. 2d 583, 1982 Fla. App. LEXIS 19983

Snippet: subjects him to the penalties provided for in § 161.054(1), Florida Statutes (1980 Supp.). LARRY G. SMITH

Peel v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-02-01

Citation: 150 So. 2d 281

Snippet: proceeding.'" In the case of Kravis v. Hock, 136 N.J.L. 161, 54 A.2d 778, it is stated: "We do, however, agree