Florida Statute 161.88 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 161
BEACH AND SHORE PRESERVATION

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F.S. 161.088

161.088 Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.—Because beach erosion is a serious menace to the economy and general welfare of the people of this state and has advanced to emergency proportions, it is hereby declared to be a necessary governmental responsibility to properly manage and protect Florida beaches fronting on the Atlantic Ocean, Gulf of Mexico, and Straits of Florida from erosion and that the Legislature make provision for beach restoration and nourishment projects, including inlet management projects that cost-effectively provide beach-quality material for adjacent critically eroded beaches. The Legislature declares that such beach restoration and nourishment projects, as approved pursuant to s. 161.161, are in the public interest; must be in an area designated as critically eroded shoreline, or benefit an adjacent critically eroded shoreline; must have a clearly identifiable beach management benefit consistent with the state’s beach management plan; and must be designed to reduce potential upland damage or mitigate adverse impacts caused by improved, modified, or altered inlets, coastal armoring, or existing upland development. Given the extent of the problem of critically eroded beaches, it is also declared that beach restoration and nourishment projects shall be funded in a manner that encourages all cost-saving strategies, fosters regional coordination of projects, improves the performance of projects, and provides long-term solutions. The Legislature further declares that nothing herein is intended to reduce or amend the beach protection programs otherwise established in this chapter or to result in local governments altering the coastal management elements of their local government comprehensive plans pursuant to chapter 163.

History.—s. 3, ch. 86-138; s. 1, ch. 98-311; s. 7, ch. 2000-346.

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Amendments to 161.088

Arrestable Offenses / Crimes under Fla. Stat. 161.088

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.088.

Annotations, Discussions, Cases:

Cases Citing Statute 161.088

Total Results: 3

Walton County v. Stop Beach Renourishment

998 So. 2d 1102, 2008 WL 4381126

Supreme Court of Florida | Filed: Sep 29, 2008 | Docket: 2527289

Cited 27 times | Published

provide funding for beach nourishment projects. § 161.088. The Legislature then delegated to the Department

Donovan v. Okaloosa County

82 So. 3d 801, 37 Fla. L. Weekly Supp. 6, 2012 Fla. LEXIS 20, 2012 WL 16587

Supreme Court of Florida | Filed: Jan 5, 2012 | Docket: 60306259

Cited 2 times | Published

to s. 161.161, are in the public interest.... § 161.088, Fla. Stat. (emphasis added); see art. II, § 7(a)

Ago

Florida Attorney General Reports | Filed: Mar 29, 1989 | Docket: 3257289

Published

Robert A. Butterworth Attorney General 1 Section 161.088, F.S. 2 See, s. 161.101(1), F.S. See also,