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: 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

City of Treasure Island v. Tahitian Treasure Island, LLC

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

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

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). '

Capital City Bank v. Department of Environmental Protection

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

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

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

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

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

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

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

Leto v. STATE DEP

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

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

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

Baillie v. Dept. of Natural Resources

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: &

State v. Leavins

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

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

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

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

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

Key Biscayne Council v. State, Department of Natural Resources

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

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

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

Ago

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

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

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

ADEC, Inc. v. Department of Natural Resources

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

Island Harbor v. Dept. of Natural Resources

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

Ago

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