Florida Statute 161.201 - 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. 161.201

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: 6

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

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

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1259675

Cited 21 times | Published

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

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

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

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

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

Ago

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

Published

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

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

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