Florida Statute 161.53 - 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. 161.53

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

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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: 24

Town of Indialantic v. Nance

400 So. 2d 37

District Court of Appeal of Florida | Filed: May 20, 1981 | Docket: 1263061

Cited 15 times | Published

28-107, Indialantic Zoning Code (1977). [3] § 161.053, Fla. Stat. (1977). [4] Indialantic acted consistent

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

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

District Court of Appeal of Florida | Filed: May 28, 1991 | Docket: 1283660

Cited 11 times | Published

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

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

536 So. 2d 1119, 1988 WL 138497

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759707

Cited 9 times | Published

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

Baillie v. Dept. of Natural Resources

632 So. 2d 1114, 1994 WL 64957

District Court of Appeal of Florida | Filed: Mar 7, 1994 | Docket: 462624

Cited 8 times | Published

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

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

855 So. 2d 278, 2003 WL 22298745

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 1503347

Cited 7 times | Published

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

Island Harbor v. Dept. of Natural Resources

495 So. 2d 209

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 1758690

Cited 7 times | Published

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

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

577 So. 2d 1383

District Court of Appeal of Florida | Filed: Apr 10, 1991 | Docket: 1156120

Cited 6 times | Published

01(17), Fla. Stat.; § 161.021(6), Fla. Stat. Section 161.053, Florida Statutes provides that the Department

Town of Indialantic v. McNulty

400 So. 2d 1227, 1981 Fla. App. LEXIS 19391

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 1263070

Cited 5 times | Published

preservation of the "beach dune system."[13] Section 161.053(1) provides: The Legislature finds and declares

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

932 So. 2d 1206, 2006 WL 1835321

District Court of Appeal of Florida | Filed: Jul 6, 2006 | Docket: 1684836

Cited 4 times | Published

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

Fisher v. Salazar

656 F. Supp. 2d 1357, 2009 U.S. Dist. LEXIS 91838, 2009 WL 3030736

District Court, N.D. Florida | Filed: Aug 4, 2009 | Docket: 940237

Cited 3 times | Published

basis along the sand beaches of the state. Id. at § 161.053(1)(a). Such lines are established "so as to define

McNulty v. Town of Indialantic

727 F. Supp. 604, 20 Envtl. L. Rep. (Envtl. Law Inst.) 20636, 1989 U.S. Dist. LEXIS 15679, 1989 WL 158483

District Court, M.D. Florida | Filed: Dec 8, 1989 | Docket: 1025039

Cited 3 times | Published

legislature in 1971. TR at 354-56. Fla.Stat. § 161.053 (1971) prohibited construction seaward of the

Pace v. Board of Adjustment

492 So. 2d 412, 11 Fla. L. Weekly 1513

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 478344

Cited 3 times | Published

ordinance is Section 161.053, Florida Statutes (1983). Looking to this statute, section 161.053(1) expresses

Woodholly v. DEPT. OF NATURAL RES.

451 So. 2d 1002

District Court of Appeal of Florida | Filed: Jun 15, 1984 | Docket: 1483097

Cited 2 times | Published

provides: (1) A coastal construction control line (Section 161.053) is intended to define that portion of the

Leto v. STATE DEP

824 So. 2d 283, 2002 WL 1906491

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 1435081

Cited 1 times | Published

attached dwellings" as classified by appellants. See § 161.053(6)(a)(2), Fla. Stat. (1994). As such, the application

Key Biscayne Council v. State, Department of Natural Resources

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

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64658618

Cited 1 times | Published

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

State Dept., Natural Res. v. Sunset Realty

474 So. 2d 363

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 1471763

Cited 1 times | Published

setback line in Charlotte County, pursuant to Section 161.053, Florida Statutes (1975). The statute provided

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

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999083

Published

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

253 So. 3d 649

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181369

Published

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

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

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60257042

Published

waves, or other predictable weather conditions.” § 161.053(l)(a), Fla. Stat. Once a CCCL is established,

Capital City Bank v. Department of Environmental Protection

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

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60250921

Published

2009). 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

151 So. 3d 523

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593255

Published

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

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

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

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

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

District Court of Appeal of Florida | Filed: Mar 17, 1992 | Docket: 64666224

Published

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

Hillsboro-Windsor Condominium Ass'n v. Department of Natural Resources

418 So. 2d 359, 1982 Fla. App. LEXIS 20820

District Court of Appeal of Florida | Filed: Aug 6, 1982 | Docket: 64591779

Published

construction control line permit pursuant to Section 161.053, Florida Statutes since the Broward County