Florida Statute 161.191 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 161.191

Annotations, Discussions, Cases:

Cases Citing Statute 161.191

Total Results: 5

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

line (ECL) at the surveyed MHWL. Pursuant to section 161.191(1) of the Beach and Shore Preservation Act

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

27 So. 3d 48, 2006 WL 1112700

District Court of Appeal of Florida | Filed: Jul 3, 2006 | Docket: 2527282

Cited 1 times | Published

erosion control line lies. Significantly, section 161.191 provides that the erosion control line becomes

Wallace Corp. v. City of Miami Beach

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

District Court of Appeal of Florida | Filed: Sep 11, 2001 | Docket: 64808224

Published

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

Ago

Florida Attorney General Reports | Filed: Aug 10, 1979 | Docket: 3255103

Published

duly established as required by s. 161.161. Section 161.191(1) vests title to all land seaward of the erosion

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

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

Supreme Court of Florida | Filed: Jun 7, 1972 | Docket: 64526347

Published

mark.” They also point out that under Fla.Stat. § 161.191, F.S.A., title to improved beach land is divided