Florida Statute 161.53 | 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. 161.53

161.53 Legislative intent.—

(1) The Legislature recognizes that coastal areas play an important role in protecting the ecology and the public health, safety, and welfare of the citizens of the state; that in recent years the coastal areas have been subjected to increasing growth pressures; and that unless these pressures are controlled, the very features which make coastal areas economically, aesthetically, and ecologically rich will be destroyed.

(2) The Legislature further recognizes that coastal areas form the first line of defense for the mainland against both winter storms and hurricanes, that the dunes of coastal areas perform valuable protective functions for public and private property, and that placement of permanent structures in these protective areas may lead to increased risks to life and property and increased costs to the public. Coastal areas often protect lagoons, salt marshes, estuaries, bays, marine habitats, and the mainland from the direct action of ocean waves or storm surges; absorb the forces of oceanic activity on their seaward sides and protect calmer waters and stable shores to their landward sides; and are dynamic geologic systems with topography that is subject to alteration by waves, storm surges, flooding, or littoral currents.

(3) The Legislature further recognizes that these coastal areas are among Florida’s most valuable resources and have extremely high recreational and aesthetic value which should be preserved and enhanced. Coastal areas provide a unique habitat for birds, wildlife, marine life, and plant life and protect waters that are vital to the food chain.

(4) The Legislature further recognizes that there is a tremendous cost to the state for postdisaster redevelopment in the coastal areas and that preventive measures should be taken on a continuing basis in order to reduce the harmful consequences of natural and manmade disasters or emergencies.

(5) It is, therefore, the intent of the Legislature that the most sensitive portion of the coastal area shall be managed through the imposition of strict construction standards in order to minimize damage to the natural environment, private property, and life.

History.—s. 36, ch. 85-55.

F.S. 161.53 on Google Scholar

F.S. 161.53 on Casetext

Amendments to 161.53

Arrestable Offenses / Crimes under Fla. Stat. 161.53

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 161.53.

Annotations, Discussions, Cases:

Cases Citing Statute 161.53

Total Results: 20

Adena Testa, individually and as co-trustee of the Michael David Testa Revocable Trust v. Town of Jupiter Island and Dolphin Suite, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: properties . . . .” § 161.053(1)(a), Fla. Stat. (2023). To that end, section 161.053 requires that an owner

City of Treasure Island v. Tahitian Treasure Island, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-10-27

Citation: 253 So. 3d 649

Snippet: Department of Environmental Protection. See generally § 161.053, Fla. Stat. (1971). The legislature's stated

State, Department of Environmental Protection v. Beach Group Investments, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-08-03

Citation: 201 So. 3d 679, 2016 Fla. App. LEXIS 11735

Snippet: waves, or other predictable weather conditions.” § 161.053(l)(a), Fla. Stat. Once a CCCL is established, no

Capital City Bank v. Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 2015-09-30

Citation: 176 So. 3d 361, 2015 Fla. App. LEXIS 14464, 2015 WL 5714613

Snippet: Here, the Bank argues that requirements in § 161.053(1)(a), Florida Statutes, for special siting and

Amanda Pope and Anastasia, Inc. v. Daniel and Donna Grace

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Citation: 151 So. 3d 523

Snippet: issue is whether DEP’s interpretation of section 161.053(11)(b), Florida Statutes, which exempts “activities”

Atlantis at Perdido Ass'n, Inc. v. Warner

Court: District Court of Appeal of Florida | Date Filed: 2006-07-06

Citation: 932 So. 2d 1206, 2006 WL 1835321

Snippet: seaward" of a coastal construction control line.[2] § 161.053(2)(a), Fla. Stat. (2004). Coastal construction

GLA and Associates, Inc. v. City of Boca Raton

Court: District Court of Appeal of Florida | Date Filed: 2003-10-08

Citation: 855 So. 2d 278, 2003 WL 22298745

Snippet: elevations" except in compliance with the statute. § 161.053(2)(a), Fla. Stat. (2000). For any such work on

Leto v. STATE DEP

Court: District Court of Appeal of Florida | Date Filed: 2002-08-21

Citation: 824 So. 2d 283, 2002 WL 1906491

Snippet: Coastal Construction Control Line ("CCCL"). See §§ 161.053(1)(a),(5), Fla. Stat. (1992); Fla. Admin. Code

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: conditions. See § 161.053(l)(a). As a result, a permit from DEP was required. § 161.053(5), Fla. Stat. (1997);

Baillie v. Dept. of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1994-03-07

Citation: 632 So. 2d 1114, 1994 WL 64957

Snippet: rule also urge the unconstitutionality of section 161.053, Florida Statutes, claim that the coastal construction

State v. Leavins

Court: District Court of Appeal of Florida | Date Filed: 1992-05-11

Citation: 599 So. 2d 1326

Snippet: penalties for damage to coral reefs; amending s. 161.053, F.S.; extending the deadline for the reestablishment

St. Joseph Land & Development Co. v. Florida Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1992-03-17

Citation: 596 So. 2d 137, 1992 Fla. App. LEXIS 2800, 1992 WL 51254

Snippet: storm waves, or other predictable weather. Section 161.053(l)(a), Florida Statutes. The Department establishes

DEPT. OF NAT. RESOURCES v. Wingfield Dev. Co.

Court: District Court of Appeal of Florida | Date Filed: 1991-05-28

Citation: 581 So. 2d 193, 1991 Fla. App. LEXIS 4783, 1991 WL 87671

Snippet: (DNR) in accordance with the provisions of Section 161.053, Florida Statutes. Wingfield then requested a §

Key Biscayne Council v. State, Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1991-05-07

Citation: 579 So. 2d 293, 1991 Fla. App. LEXIS 4187, 1991 WL 72069

Snippet: reasons, we reverse and remand. Pursuant to section 161.053(l)(a), Florida Statutes (1987), the Florida legislature

Town of Palm Beach v. STATE, DEPT. OF NAT'L RES.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-10

Citation: 577 So. 2d 1383

Snippet: Fla. Stat.; § 161.021(6), Fla. Stat. Section 161.053, Florida Statutes provides that the Department

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-03-29

Snippet: F.S. 2 See, s. 161.101(1), F.S. See also, s. 161.053, F.S., allowing the Department of Natural Resources

St. Joe Paper Co. v. FLA. DEPT OF NATURAL RES.

Court: District Court of Appeal of Florida | Date Filed: 1988-12-21

Citation: 536 So. 2d 1119

Snippet: like." In 1971, the legislature enacted section 161.053, which directed the Department of Natural Resources

ADEC, Inc. v. Department of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1987-06-04

Citation: 507 So. 2d 1225, 12 Fla. L. Weekly 1404, 1987 Fla. App. LEXIS 8575

Snippet: authorization to erect structures at coastal locations (§ 161.-053(5)(a), Fla.Stat.) were made as required by law;

Island Harbor v. Dept. of Natural Resources

Court: District Court of Appeal of Florida | Date Filed: 1986-09-10

Citation: 495 So. 2d 209

Snippet: control line in Charlotte County pursuant to section 161.053(2), Florida Statutes (1983).[1] Appellants filed

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-08-14

Snippet: considered to be the mean high-water line. But see, s.161.053(11), F.S., which in pertinent part, provides "upon