Florida Statute 161.191 | 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. 161.191

161.191 Vesting of title to lands.—

(1) Upon the filing of a copy of the board of trustees’ resolution and the recording of the survey showing the location of the erosion control line and the area of beach to be protected as provided in s. 161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the date the board of trustees’ survey was recorded.

(2) Once the erosion control line along any segment of the shoreline has been established in accordance with the provisions of ss. 161.141-161.211, the common law shall no longer operate to increase or decrease the proportions of any upland property lying landward of such line, either by accretion or erosion or by any other natural or artificial process, except as provided in s. 161.211(2) and (3). However, the state shall not extend, or permit to be extended through artificial means, that portion of the protected beach lying seaward of the erosion control line beyond the limits set forth in the survey recorded by the board of trustees unless the state first obtains the written consent of all riparian upland owners whose view or access to the water’s edge would be altered or impaired.

History.—s. 6, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.

F.S. 161.191 on Google Scholar

F.S. 161.191 on Casetext

Amendments to 161.191

Arrestable Offenses / Crimes under Fla. Stat. 161.191

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.191.

Annotations, Discussions, Cases:

Cases Citing Statute 161.191

Total Results: 13

Board of Trustees v. Walton County

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-23T00:00:00-07:00

Citation: 121 So. 3d 1166, 2013 WL 5302580, 2013 Fla. App. LEXIS 15067

Snippet: sought a declaration that sections 161.141 and 161.191, Florida Statutes (2004), are unconstitutional,…Amended Complaint, alleging that sections 161.141, 161.191, and 161.161, Florida Statutes (2004), are unconstitutional

Bodie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-22T00:00:00-08:00

Citation: 143 So. 3d 420, 2013 WL 646224, 2013 Fla. App. LEXIS 2974

Snippet: crimes are similar. Penny v. State, 140 Fla. 155, 161, 191 So. 190(Fla.l939). As noted by this Court in Billiot

Walton County v. Stop Beach Renourishment

Court: Fla. | Date Filed: 2008-09-29T00:00:00-07:00

Citation: 998 So. 2d 1102

Snippet: ECL) at the surveyed MHWL. Pursuant to section 161.191(1) of the Beach and Shore Preservation Act, this…statute. Specifically, STBR asserted that section 161.191(1) of the Beach and Shore Preservation Act, which…recording of the ECL and by operation of section 161.191(1), the State becomes owner of the land to which…littoral rights that are eliminated by section 161.191. The First District agreed the Act divests upland…receive accretions and relictions because section 161.191(2) provides that the common law rule of accretion

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-15T00:00:00-08:00

Citation: 951 So. 2d 860

Snippet: operate in accordance with the rules. See §§ 482.161, .191, Fla. Stat. Furthermore, both the State Attorney

Save Our Beaches, Inc. v. Florida Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-03T00:00:00-07:00

Citation: 27 So. 3d 48, 2006 WL 1112700

Snippet: erosion control line lies. Significantly, section 161.191 provides that the erosion control line becomes …water's edge would be altered or impaired. § 161.191, Fla. Stat. (2005) (emphasis added). Notwithstanding…riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress…water remain intact, were eliminated by section 161.191. However, the final order found no "infringement…elimination of these rights was authorized by section 161.191. The ALJ reasoned, in the recommended order adopted

Rollins, Inc. v. Butland

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-30T00:53:00-07:00

Citation: 932 So. 2d 1172

Snippet: operate in accordance with the rules. See §§ 482.161-.191, Fla. Stat. Furthermore, both the State Attorney

Wallace Corp. v. City of Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-11T00:00:00-07:00

Citation: 793 So. 2d 1134, 2001 Fla. App. LEXIS 12839, 2001 WL 1033585

Snippet: when the beach renourishment project began. See § 161.191(1), Fla. Stat. (1997); see also § 161.151(3), Fla

Atwell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-07-19T00:53:00-07:00

Citation: 739 So. 2d 1166

Snippet: punishment." Penny v. State, 140 Fla. 155, 161, 191 So. 190, 193 (1939). The present case should be

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Court: Fla. Att'y Gen. | Date Filed: 1986-08-14T00:53:00-07:00

Snippet: . Busch, 112 So. 274 (Fla. 1927). See also, s. 161.191(1), F.S., vesting title to all lands seaward of

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Court: Fla. Att'y Gen. | Date Filed: 1985-06-07T00:53:00-07:00

Snippet: common law riparian rights except as provided in s 161.191(2); these protected rights include but are not

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Court: Fla. Att'y Gen. | Date Filed: 1979-08-10T00:53:00-07:00

Snippet: established as required by s. 161.161. Section 161.191(1) vests title to all land seaward of the erosion…held by right of its sovereignty. Except for s. 161.191(2), F. S., which, subject to the conditions set…riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress…common-law riparian rights except as provided in s. 161.191(2), F. S. (subject to the conditions set forth

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Court: Fla. Att'y Gen. | Date Filed: 1974-04-16T00:53:00-07:00

Snippet: remain divided by the erosion control line (s. 161.191, F.S.), a coastal construction setback line would

Hillsboro Island House Condominium Apartments, Inc. v. Town of Hillsboro Beach

Court: Fla. | Date Filed: 1972-06-07T00:00:00-07:00

Citation: 263 So. 2d 209, 1972 Fla. LEXIS 3597

Snippet: mark.” They also point out that under Fla.Stat. § 161.191, F.S.A., title to improved beach land is divided…Article V, § 19 set out above. However, Fla.Stat. § 161.191, F.S.A. specifies that title to beach land improvements