Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 161.061 - Full Text and Legal Analysis Florida Statute 161.061 | Lawyer Caselaw & Research
Fla. Stat. § 161.061 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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.

Cases Citing F.S. 161.061

Copy

·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

...Rather, the act required the removal of any coastal construction, jetty or other structure *83 — "regardless of the date of construction or whether a permit has been issued in accordance with this chapter" — if the appropriate state agency [3] determined it to be "unnecessary or undesirable." § 161.061, Fla....
...e is absolutely nothing in chapter 87-97 to suggest that DNR was thereby stripped of its authority over sandy beaches and inlet sand transfer plants. Moreover, when the legislature effected the 1987 changes, it left untouched the clear provisions of section 161.061(1)....
...e Division. * * * The decision of [DNR] as to whether to adjust, alter, or remove such coastal construction * * * shall be final and [DNR] shall set a reasonable time within which the adjustment, alteration, or removal shall be accomplished." [e.s.] § 161.061(1), Fla....
0 red0 yellow3 green0 procedural
Cited as authorityJacobs (2002)
phrase: "rule_authority"
Cited as authorityKirk (2001)
phrase: "rule_authority"
Cited as authorityKirk (1999)
phrase: "rule_authority"

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.