CopyCited 27 times | Published | Supreme Court of Florida | 2008 WL 4381126
...le of [Florida] and has advanced to emergency proportions," the Legislature declared it "a necessary governmental responsibility to properly manage and protect Florida beaches ... from erosion," and to provide funding for beach nourishment projects. § 161.088....
...Act that it would not be entitled to accomplish under Florida's common law. Like the common law doctrine of avulsion, the Act authorizes the State to reclaim its storm-damaged shoreline by adding sand to submerged sovereignty lands. See generally §§
161.088,
161.091,
161.101....
...arian right of access to the water. Medeira Beach,
272 So.2d at 212-13. None of these doctrinal reasons apply here. First, the beach restoration provisions of the Act do not apply to situations involving de minimis additions or losses of land. See §§
161.088,
161.101(1)....
...[2] For ease of reading, we refer generally to the statutory provisions at issue as "the Beach and Shore Preservation Act" or the "Act." However, this case only concerns the following provisions of part I of chapter 161, Florida Statutes (2005): sections
161.088,
161.101,
161.141,
161.161,
161.191,
161.201, and
161.211....
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Cited as authorityDaniels (2025)phrase: "rule_authority"
Cited as authorityAccardi (2016)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 6, 2012 Fla. LEXIS 20, 2012 WL 16587
...jects that cost-effectively provide beach-quality material for adjacent critically eroded beaches. The Legislature declares that such beach restoration and nourishment projects, as *811 approved pursuant to s.
161.161, are in the public interest.... §
161.088, Fla....
...in trust for all the people.”). Thus, the proposed beach renourishment project in this case serves the “necessary governmental responsibility” of addressing a “serious menace to the economy and general welfare of the people of this state.” § 161.088, Fla....
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Cited as authorityAnderson (2010)phrase: "rule_authority"
