Florida Statute 161.061 | 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. 161.061

161.061 Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.—

(1) Any coastal construction, or any structure including groins, jetties, moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, regardless of date of construction or whether a permit has been issued in accordance with this part, which serves no public purpose, which is dangerous to or in any way endangers human life, health, or welfare, or which proves to be undesirable or becomes unnecessary, as determined by the department, shall be adjusted, altered, or removed by the abutting upland property owner after written notice by the division. Request for hearing must be filed by the owner with the department within 15 days after such notice. Adjustments, alterations, or removals required by this section shall be accomplished at no cost to the state. The decision of the department as to whether to adjust, alter, or remove such coastal construction or structure shall be final, and the department shall set a reasonable time within which the adjustment, alteration, or removal shall be accomplished.

(2) In the event that the upland property owner does not adjust, alter, or remove any coastal construction, or other structure including groins, jetties, moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high-water line, when requested or directed by the department in accordance with subsection (1) of this section, the department may alter, adjust, or remove such coastal construction or structures at its own expense, and the costs thereof shall become a lien upon the property of said abutting upland property owner.

History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95; s. 23, ch. 94-356.

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Amendments to 161.061

Arrestable Offenses / Crimes under Fla. Stat. 161.061

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.061.

Annotations, Discussions, Cases:

Cases Citing Statute 161.061

Total Results: 7

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: determined it to be "unnecessary or undesirable." § 161.061, Fla. Stat. (1965). In short, the central idea

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-08-10

Snippet: 051, F. S. 1977, and ss. 161.052, 161.053, and 161.061, F. S. (1978 Supp.);see also Rules 16B-24 and 16B-25

Goodwin v. Schmidt

Court: Supreme Court of Florida | Date Filed: 1941-12-16

Citation: 5 So. 2d 64, 149 Fla. 85, 1941 Fla. LEXIS 1032

Snippet: Bank v. Bierstadt, 168 Ill. 618, 48 N.E. Rep. 161, 61 Am. St. Rep. 146. See also Dodge v. Kistler, 140

County of Hillsborough v. Kensett

Court: Supreme Court of Florida | Date Filed: 1931-12-21

Citation: 144 So. 393, 107 Fla. 237

Snippet: Sou. Rep. 253; Lowell v. Daniels, 2 Gray (Mass.) 161, 61 Am. Dec. 448. See also Wilkins v. Lewis, 78 Fla

Fed. Land Bk. of Columbia v. Godwin

Court: Supreme Court of Florida | Date Filed: 1931-08-07

Citation: 136 So. 513, 107 Fla. 537

Snippet: Sav. Bank v. Bierstadt, 168 Ill. 618, 48 N.E. 161, 61 Am. St. Rep. 146; Tradesmen's Bldg. etc. Assn.

Wilkins v. Lewis

Court: Supreme Court of Florida | Date Filed: 1919-07-01

Citation: 78 Fla. 78, 82 So. 762

Snippet: St. Rep. 815; Lowell v. Daniels, 2 Gray (Mass.) 161, 61 Am. Dec. 448; Cook v. Walling, 117 Ind. 9, 19 N

Boley v. Daniel

Court: Supreme Court of Florida | Date Filed: 1916-07-27

Citation: 72 Fla. 121

Snippet: Bank v. Bierstadt, 168 Ill. 618, 48 N. E. Rep. 161, 61 Am. St. Rep. 146. As Lee Daniel was under no obligation