Florida Statute 161.201 | 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. 161.201

161.201 Preservation of common-law rights.—Any upland owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean high-water line shall, nonetheless, continue to be entitled to all common-law riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress, egress, view, boating, bathing, and fishing. In addition the state shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention of erosion. Neither shall such use be permitted by the state as may be injurious to the person, business, or property of the upland owner or lessee; and the several municipalities, counties and special districts are authorized and directed to enforce this provision through the exercise of their respective police powers.

History.—s. 7, ch. 70-276.

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Amendments to 161.201

Arrestable Offenses / Crimes under Fla. Stat. 161.201

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.201.

Annotations, Discussions, Cases:

Cases Citing Statute 161.201

Total Results: 9

Walton County v. Stop Beach Renourishment

Court: Supreme Court of Florida | Date Filed: 2008-09-29

Citation: 998 So. 2d 1102, 2008 WL 4381126

Snippet: rights, which are expressly preserved by section 161.201 of the Act, are an inadequate substitute for the

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

Court: District Court of Appeal of Florida | Date Filed: 2006-07-03

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

Snippet: been altered by operation of statute, section 161.201 states that the landowners continue to be entitled

Wallace Corp. v. City of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 2001-09-11

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

Snippet: required for the prevention of erosion” under section 161.201, Florida Statutes (1997). Factual and Procedural

Flo-Sun, Inc. v. Kirk

Court: Supreme Court of Florida | Date Filed: 2001-03-29

Citation: 783 So. 2d 1029, 2001 WL 298917

Snippet: cumulative remedy/savings clause codified as section 161.201, Florida Statutes). [5] It is necessary to mention

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-05-10

Snippet: 209 (2 D.C.A. Fla., 1973). 9 Id. at 214. Cf., s. 161.201, F.S., which preserves all common law riparian

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-06-07

Snippet: to injure others in their lawful rights. Cf., s 161.201, F.S., which clearly evinces a legislative intent

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-08-10

Snippet: view, boating, bathing, and fishing.' Section 161.201. It is clear that the municipal boundary of the

Roberts v. Carter

Court: District Court of Appeal of Florida | Date Filed: 1975-06-13

Citation: 316 So. 2d 640, 1975 Fla. App. LEXIS 14198

Snippet: Hawkeye-Security Insurance Company, 189 Neb. 161, 201 N.W.2d 817 (1972); Beagle v. Automobile Club Insurance

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

Court: Supreme Court of Florida | Date Filed: 1972-06-07

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

Snippet: the domain of the sovereign, under Fla.Stat. § 161.201, F.S.A., the Town will exercise its police powers