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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00
Snippet: properties . . . .” § 161.053(1)(a), Fla. Stat. (2023). To that end, section 161.053 requires that an owner…construction control line without a FDEP permit. See § 161.053(4), Fla. Stat. (2023). In one of those cases, an
Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-27T00:53:00-07:00
Snippet: Department of Environmental Protection. See generally § 161.053, Fla. Stat. (1971). The legislature's stated…coastal barrier dunes from imprudent construction. § 161.053(1)(a). 1 We reject…county-by-county basis along the coasts of the state. § 161.053(1)(a), Fla. Stat. (2014). In general, those control…predictable weather conditions." Id.; see also § 161.053(2)(a) (describing process required for establishing… one has a permit issued by the department. § 161.053(2)(a). A coastal construction control line permit
Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-03T00:00:00-07:00
Citation: 201 So. 3d 679
Snippet: permit from the DEP. See id. § 161.053(4). Pursuant to section 161.053(5)(b), the DEP may not issue CCCL…be established by rule.” Id. § 161.053(5)(b). Pursuant to section 161.053(20), the “[DEP] may adopt rules…waves, or other predictable weather conditions.” § 161.053(l)(a), Fla. Stat. Once a CCCL is established, no…programs; and violations and penalties.” Id. § 161.053(20). Rule 62B-33.024 of the Florida Administrative…activity affected by the requirements of Section 161.053(5), F.S. Fla. Admin. Code R. 62B-33.024(1). '
Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-30T00:00:00-07:00
Citation: 176 So. 3d 361
Snippet: . Here, the Bank argues that requirements in § 161.053(1)(a), Florida Statutes, for special siting and
Court: Fla. Dist. Ct. App. | Date Filed: 2014-11-05T00:00:00-08:00
Citation: 151 So. 3d 523
Snippet: subsection 161.053(11)(b); instead, only the “existing structures” exemption in subsection 161.053(11)(a) …issue is whether DEP’s interpretation of section 161.053(11)(b), Florida Statutes, which exempts “activities…satisfies the exemption requirements of Section 161.053(ll)(b), Florida Statutes. All debris must be removed…rejected the ALJ’s legal interpretation of section 161.053(11), concluding that the only issue was whether… dune walkover, while not exempt under section 161.053(11)(a), could be exempt if the “activities” in
Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-06T00:53:00-07:00
Citation: 932 So. 2d 1206
Snippet: construction control line. § 161.053(2)(a), Fla. Stat. (2004). [3] Section 161.053(1)(a) makes explicit the…; of a coastal construction control line.[2] § 161.053(2)(a), Fla. Stat. (2004). Coastal construction …authority to grant the permit pursuant to section 161.053(13)(a), Florida Statutes, asserting that the proposed…complies with the provisions of this subsection. § 161.053(13)(a), Fla. Stat. (2004) (emphasis supplied). …alike) must comport with *1211 every other section 161.053(5) factor, "rebuilding" projects, unlike
Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-08T00:53:00-07:00
Citation: 855 So. 2d 278
Snippet: quot; except in compliance with the statute. § 161.053(2)(a), Fla. Stat. (2000). For any such work on … a permit issued by the DEP is required. See § 161.053(5). GLA maintained that the City's ordinance…barrier dunes adjacent to such beaches...." § 161.053(4). That section also permits local administration…contends that such preemption is shown by section 161.053(4), which allows local regulation "in lieu…dune and beaches. However, GLA overlooks section 161.053(5)(b) which provides for exceptions by which the
Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-21T00:53:00-07:00
Citation: 824 So. 2d 283
Snippet: section 161.053, Florida Statutes, and Fla. Admin. Code R. 62B33.005 and 62B-33.007. See §§ 161.053(6)(b)…Construction Control Line ("CCCL"). See §§ 161.053(1)(a),(5), Fla. Stat. (1992); Fla. Admin. Code …dwellings" as classified by appellants. See § 161.053(6)(a)(2), Fla. Stat. (1994). As such, the application
Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-11T00:00:00-07:00
Citation: 793 So. 2d 1134
Snippet: conditions. See § 161.053(l)(a). As a result, a permit from DEP was required. § 161.053(5), Fla. Stat. (
Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-07T00:00:00-08:00
Citation: 632 So. 2d 1114
Snippet: rule also urge the unconstitutionality of section 161.053, Florida Statutes, claim that the coastal construction…cases, pursuing the remedies provided by section 161.053(2), Florida Statutes (1993), which provides: &
Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-11T00:53:00-07:00
Citation: 599 So. 2d 1326
Snippet: penalties for damage to coral reefs; amending s. 161.053, F.S.; extending the deadline for the reestablishment
Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-17T00:00:00-08:00
Citation: 596 So. 2d 137
Snippet: storm waves, or other predictable weather. Section 161.053(l)(a), Florida Statutes. The Department establishes…supplied). The 1971 Legislature adopted Section 161.053, Florida Statutes, authorizing the establishment…language of Section 161.052, in adopting Section 161.053 the Legislature did not specifically exclude “bays…so, as it has done previously. Although Section 161.053 has been amended subsequently, none of the amendments
Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-28T00:53:00-07:00
Citation: 581 So. 2d 193
Snippet: of Section 161.053, Florida Statutes, and this Chapter, except as noted in Subsection 161.053(12), Florida… 370.02(5), 161.052 and 161.053. Of particular importance to note is § 161.053(9), Fla. Stat., which provides…) in accordance with the provisions of Section 161.053, Florida Statutes. Wingfield then requested a §…months. This rule's language is premised on § 161.053(9), Fla. Stat., which reads in pertinent part: … in DNR's rules. DNR contends that under § 161.053, no construction activity may take place seaward
Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-07T00:00:00-07:00
Citation: 579 So. 2d 293
Snippet: reasons, we reverse and remand. Pursuant to section 161.053(l)(a), Florida Statutes (1987), the Florida legislature…property owner must obtain a permit from DNR. § 161.053(5)(a), Fla.Stat. (1987); Fla.Admin. Code Rules
Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-10T00:53:00-07:00
Citation: 577 So. 2d 1383
Snippet: as hereinafter provided." § 161.053(2), Fla. Stat. Section 161.053(5), Florida Statutes, provides …, Fla. Stat.; § 161.021(6), Fla. Stat. Section 161.053, Florida Statutes provides that the Department …vegetation and endangered plant communities." § 161.053(10), Fla. Stat. The administrative rules enacted…the meaning and intent of Sections 161.052 and 161.053, Florida Statutes: (f) Maintenance of existing …specifically approved by the Department. Section 161.053(4), Florida Statutes provides: Any coastal county
Court: Fla. Att'y Gen. | Date Filed: 1989-03-28T23:53:00-08:00
Snippet: , F.S. 2 See, s. 161.101(1), F.S. See also, s. 161.053, F.S., allowing the Department of Natural Resources
Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-20T23:53:00-08:00
Citation: 536 So. 2d 1119
Snippet: quot; In 1971, the legislature enacted section 161.053, which directed the Department of Natural Resources… other predictable weather conditions," § 161.053(1), Fla. Stat. (1985). Upon establishment, the …*1121 (i.e., by permit from the Department), § 161.053(2). While the public hearing on the proposed CCCL…section 120.68, Florida Statutes. Under section 161.053(2), any landowner "who feels that such line…. St. Joe argues that the provision of section 161.053(2) permitting challenge of the CCCL under section
Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-04T00:00:00-07:00
Citation: 507 So. 2d 1225
Snippet: authorization to erect structures at coastal locations (§ 161.-053(5)(a), Fla.Stat.) were made as required by law
Court: Fla. Dist. Ct. App. | Date Filed: 1986-09-10T00:00:00-07:00
Citation: 495 So. 2d 209
Snippet: control line in Charlotte County pursuant to section 161.053(2), Florida Statutes (1983).[1] Appellants filed…County. I STATUTORY PROVISIONS AND FACTS Section 161.053(1), Florida Statutes (1983), declares that "…storm surge." DNR is authorized in subsection 161.053(2) to establish such control lines for counties…ineffective for the purposes of this act." § 161.053(2), Fla. Stat. (1983). In May 1974 DNR began collecting…county. Pursuant to the review provision in section 161.053(2), DNR has undertaken to reestablish the control
Court: Fla. Att'y Gen. | Date Filed: 1986-08-14T00:53:00-07:00
Snippet: considered to be the mean high-water line. But see, s.161.053(11), F.S., which in pertinent part, provides "…by the provisions of this section"; and s. 161.053(2), F.S., providing in pertinent part that upon