Florida Statute 161.211 | 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. 161.211

161.211 Cancellation of resolution for nonperformance by board of trustees.—

(1) If for any reason construction of the beach erosion control project authorized by the board of trustees is not commenced within 2 years from the date of the recording of the board of trustees’ survey, as provided in s. 161.181, or in the event construction is commenced but halted for a period exceeding 6 months from commencement, then, upon receipt of a written petition signed by those owners or lessees of a majority of the lineal feet of riparian property which either abuts or would have abutted the erosion control line if the same had been located at the line of mean high water on the date the board of trustees’ survey was recorded, the board of trustees shall forthwith cause to be canceled and vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line, and the erosion control line shall be null and void and of no further force or effect.

(2) If the state, county, municipality, erosion control district, or other governmental agency charged with the responsibility of maintaining the protected beach fails to maintain the same and as a result thereof the shoreline gradually recedes to a point or points landward of the erosion control line as established herein, the provisions of s. 161.191(2) shall cease to be operative as to the affected upland.

(3) In the event a substantial portion of the shoreline encompassed within the erosion control project recedes landward of the erosion control line, the board of trustees, on its own initiative, may direct or request, or, upon receipt of a written petition signed by the owners or lessees of a majority of the lineal feet of riparian property lying within the erosion control project, shall direct or request, the agency charged with the responsibility of maintaining the beach to restore the same to the extent provided for in the board of trustees’ recorded survey. If the beach is not restored as directed or requested by the board of trustees within a period of 1 year from the date of the directive or request, the board of trustees shall forthwith cause to be canceled and vacated of record the resolution authorizing the beach erosion control project and the survey locating the erosion control line, and the erosion control line shall be null and void and of no further force or effect.

History.—s. 8, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.

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Amendments to 161.211

Arrestable Offenses / Crimes under Fla. Stat. 161.211

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.211.

Annotations, Discussions, Cases:

Cases Citing Statute 161.211

Total Results: 7

Walton County v. Stop Beach Renourishment

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

Citation: 998 So. 2d 1102

Snippet: authorities do not maintain the restored beach, section 161.211 dictates that the ECL is cancelled. II. DISCUSSION…authorities do not maintain the restored beach. See § 161.211. Therefore, in the event the beach restoration …not the State. See art. X, § 11, Fla. Const; §§ 161.211(2)-(3), 253.141(1), Fla. Stat. (2005). Thus, if…161.101, 161.141, 161.161, 161.191, 161.201, and 161.211. [3] As noted by the First District, cases and… accordance with the provisions of ss. 161.141-161.211 which represents the landward extent of the claims

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: in accordance with the provision of ss. 161.141-161.211, the common law shall no longer operate to increase…or artificial process, except as provided in s. 161.211(2) and (3). However, the state shall not extend…owner or lessee who by operation of ss. 161.141-161.211 ceases to be holder of title to the mean high-water… accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention

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: accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention

South Lake Worth Inlet Dist. v. Ocean Ridge

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-22T23:53:00-08:00

Citation: 633 So. 2d 79

Snippet: what became designated as sections 161.141 to 161.211 then proceeded to set the ground rules for state

Ago

Court: Fla. Att'y Gen. | Date Filed: 1989-03-28T23:53:00-08:00

Snippet: in according with the provisions of ss.161.141-161.211 which represents the landward extent of the claims

Ago

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

Snippet: vested in the upland owners. And see, ss.161.141-161.211, F.S., providing for the establishment of such …project pursuant to the provisions of ss. 161.141-161.211, F.S., no such requirement appears to so limit

Ago

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

Snippet: which, subject to the conditions set forth in s. 161.211, F. S., abrogates the upland property owners'…owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean high… accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention… S. (subject to the conditions set forth in s. 161.211, F. S.), having to do with the upland property