reglab/housing_qa huggingface dataset:
FL Stat § 161.091 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.091 - Beach management; funding; repair and maintenance strategy.

161.091 Beach management; funding; repair and maintenance strategy.—(1) Subject to such appropriations as the Legislature may make therefor from time to time, disbursements from the Land Acquisition Trust Fund may be made by the department in order to carry out the proper state responsibilities in a comprehensive, long-range, statewide beach management plan for erosion control; beach preservation, restoration, and nourishment; storm and hurricane protection; and other activities authorized for beaches and shores pursuant to s. 28, Art. X of the State Constitution. Legislative intent in appropriating such funds is for the implementation of those projects that contribute most significantly to addressing the state’s beach erosion problems.(2) The department shall develop a multiyear repair and maintenance strategy that:(a) Encourages regional approaches to ensure the geographic coordination and sequencing of prioritized projects;(b) Reduces equipment mobilization and demobilization costs;(c) Maximizes the infusion of beach-quality sand into the system;(d) Extends the life of beach nourishment projects and reduces the frequency of nourishment; and(e) Promotes inlet sand bypassing to replicate the natural flow of sand interrupted by improved, modified, or altered inlets and ports.(3) In accordance with the intent expressed in s. 161.088 and the legislative finding that erosion of the beaches of this state is detrimental to tourism, the state’s major industry, further exposes the state’s highly developed coastline to severe storm damage, and threatens beach-related jobs, which, if not stopped, may significantly reduce state sales tax revenues, funds deposited into the State Treasury to the credit of the Land Acquisition Trust Fund shall be used to fund the development, implementation, and administration of the state’s beach management plan, as provided in ss. 161.091-161.212 and as authorized in s. 28, Art. X of the State Constitution.History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 1, ch. 71-182; s. 1, ch. 72-170; ss. 1-3, ch. 74-102; s. 1, ch. 75-288; s. 1, ch. 77-379; s. 6, ch. 78-257; s. 5, ch. 80-183; s. 4, ch. 86-138; ss. 16, 23, ch. 87-97; s. 1, ch. 91-79; s. 4, ch. 96-321; s. 1, ch. 97-187; s. 2, ch. 98-311; s. 5, ch. 99-247; s. 8, ch. 2000-346; s. 2, ch. 2008-114; s. 7, ch. 2015-229; s. 12, ch. 2016-10.
FL Stat § 161.111 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.111 - Shore erosion emergency.

161.111 Shore erosion emergency.—If a shore erosion emergency is declared by the Governor, the state, acting through the department, may spend whatever state funds are available to alleviate shore erosion.History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 27, ch. 94-356; s. 10, ch. 2000-346.
FL Stat § 161.121 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.121 - Penalty.

161.121 Penalty.—Unless otherwise provided in this chapter, whoever shall fail to comply with the provisions of this part is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 1, ch. 65-408; s. 83, ch. 71-136; s. 2, ch. 77-12; s. 10, ch. 91-224.
FL Stat § 161.131 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.131 - Construction of ss. 161.011-161.212.

161.131 Construction of ss. 161.011-161.212.—The provisions of ss. 161.011-161.212 shall be liberally construed by all concerned in a manner to best accomplish the beach and shore preservation purposes and programs.History.—s. 3, ch. 65-408; s. 6, ch. 86-138.
FL Stat § 161.144 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.144 - Policy guidance related to sand source management.

161.144 Policy guidance related to sand source management.—The Legislature recognizes that beach-quality sand for the nourishment of the state’s critically eroded beaches is an exhaustible resource, in ever-decreasing supply, and must be carefully managed for the systemwide benefit of the state’s beaches. Therefore, the Department of Environmental Protection, pursuant to s. 161.161 and in cooperation with federal and local government agencies, shall develop and maintain an inventory of identified offshore sand sources as part of the regional elements of its comprehensive long-term beach management plan. Offshore sand sources in state or federal waters which are identified for potential, proposed, or permitted use shall be clearly mapped or otherwise noted and readily available for public review. In addition, boards of county commissioners of coastal counties adjacent to sand sources proposed for use outside of the region or subregion shall be provided written notice by the department and an opportunity to comment during a specific project’s planning and permitting stages. The department shall identify in its annual list of local government funding requests submitted to the Legislature, pursuant to s. 161.091, those projects that propose to use sand sources from another region or subregion at the time the list is submitted.History.—s. 4, ch. 2007-99.
FL Stat § 161.151 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.151 - Definitions; ss. 161.141-161.211.

161.151 Definitions; ss. 161.141-161.211.—As used in ss. 161.141-161.211:(1) “Board of trustees” means the Board of Trustees of the Internal Improvement Trust Fund.(2) “Requesting authority” means any coastal county, municipality, or beach erosion control district which requests a survey by the board of trustees under the provisions of ss. 161.141-161.211.(3) “Erosion control line” means the line determined in accordance with the provisions of ss. 161.141-161.211 which represents the landward extent of the claims of the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico, and the bays, lagoons and other tidal reaches thereof on the date of the recording of the survey as authorized in s. 161.181.(4) “Authorized beach restoration project” means a beach project authorized by the United States Congress or the department which involves a specific project engineering design and a project maintenance program for a period of not less than 10 years.History.—s. 2, ch. 70-276; s. 1, ch. 70-439; s. 2, ch. 82-144.
FL Stat § 161.163 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.163 - Coastal areas used by sea turtles; rules.

161.163 Coastal areas used by sea turtles; rules.—The department shall adopt by rule a designation of coastal areas which are utilized, or are likely to be utilized, by sea turtles for nesting. The department shall also adopt by rule guidelines for local government regulations that control beachfront lighting to protect hatching sea turtles.History.—s. 15, ch. 86-138; s. 1, ch. 2000-211.
FL Stat § 161.181 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.181 - Recording of resolution and survey of board of trustees.

161.181 Recording of resolution and survey of board of trustees.—If no review is taken within the time prescribed from the decision of the board of trustees or, if review be timely taken, in the absence of a final decision of a court of competent jurisdiction preventing the implementation of a beach erosion control project or invalidating, abolishing, or otherwise preventing the establishment and recordation of the erosion control line as provided herein, the board of trustees shall file in the public records of the county or counties in which the erosion control line lies, a copy of its resolution approving the beach erosion control project and locating the erosion control line and shall also file and cause to be recorded in the book of plats of said county or counties a survey showing the area of beach to be protected and the location of the erosion control line.History.—s. 5, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.
FL Stat § 161.191 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.191 - Vesting of title to lands.

161.191 Vesting of title to lands.—(1) Upon the filing of a copy of the board of trustees’ resolution and the recording of the survey showing the location of the erosion control line and the area of beach to be protected as provided in s. 161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the date the board of trustees’ survey was recorded.(2) Once the erosion control line along any segment of the shoreline has been established in accordance with the provisions of ss. 161.141-161.211, the common law shall no longer operate to increase or decrease the proportions of any upland property lying landward of such line, either by accretion or erosion or by any other natural or artificial process, except as provided in s. 161.211(2) and (3). However, the state shall not extend, or permit to be extended through artificial means, that portion of the protected beach lying seaward of the erosion control line beyond the limits set forth in the survey recorded by the board of trustees unless the state first obtains the written consent of all riparian upland owners whose view or access to the water’s edge would be altered or impaired.History.—s. 6, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.
FL Stat § 161.201 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.201 - Preservation of common-law rights.

161.201 Preservation of common-law rights.—Any upland owner or lessee who by operation of ss. 161.141-161.211 ceases to be a holder of title to the mean high-water line shall, nonetheless, continue to be entitled to all common-law riparian rights except as otherwise provided in s. 161.191(2), including but not limited to rights of ingress, egress, view, boating, bathing, and fishing. In addition the state shall not allow any structure to be erected upon lands created, either naturally or artificially, seaward of any erosion control line fixed in accordance with the provisions of ss. 161.141-161.211, except such structures required for the prevention of erosion. Neither shall such use be permitted by the state as may be injurious to the person, business, or property of the upland owner or lessee; and the several municipalities, counties and special districts are authorized and directed to enforce this provision through the exercise of their respective police powers.History.—s. 7, ch. 70-276.
FL Stat § 161.211 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.211 - Cancellation of resolution for nonperformance by board of trustees.

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.
FL Stat § 161.212 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.212 - Judicial review relating to permits and licenses.

161.212 Judicial review relating to permits and licenses.—(1) As used in this section, unless the context otherwise requires:(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government.(b) “Permit” means any permit or license required by this chapter.(2) Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state’s police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on competent substantial evidence shall proceed in accordance with chapter 120.(3) If the court determines the decision reviewed is an unreasonable exercise of the state’s police power constituting a taking without just compensation, the court shall remand the matter to the agency which shall, within a reasonable time:(a) Agree to issue the permit;(b) Agree to pay appropriate monetary damages; however, in determining the amount of compensation to be paid, consideration shall be given by the court to any enhancement to the value of the land attributable to governmental action; or(c) Agree to modify its decision to avoid an unreasonable exercise of police power.(4) The agency shall submit a statement of its agreed-upon action to the court in the form of a proposed order. If the action is a reasonable exercise of police power, the court shall enter its final order approving the proposed order. If the agency fails to submit a proposed order within a reasonable time not to exceed 90 days which specifies an action that is a reasonable exercise of police power, the court may order the agency to perform any of the alternatives specified in subsection (3).(5) The court shall award reasonable attorney’s fees and court costs to the agency or substantially affected person, whichever prevails.(6) The provisions of this section are cumulative and shall not be deemed to abrogate any other remedies provided by law.History.—ss. 1, 2, 3, 4, 5, 6, ch. 78-85.
FL Stat § 161.242 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242)|161.242 - Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.

161.242 Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.—(1) The purpose of this section is to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand.(2) It is unlawful for any purpose to cut, harvest, remove, or eradicate any of the grass commonly known as sea oats or Uniola paniculata and Coccolobis uvifera commonly known as sea grapes from any public land or from any private land without consent of the owner of such land or person having lawful possession thereof. Possession of either Uniola paniculata or Coccolobis uvifera by other than the owner of such land shall constitute prima facie evidence of violation of this section. However, licensed, certified nurserymen who grow any of the native plants listed in this section from seeds or by vegetative propagation are specifically permitted to sell these commercially grown plants and shall not be in violation of this section of the law if they do so, as it is the intent of the law to preserve and encourage the growth of these native plants which are rapidly disappearing from the state.History.—s. 1, ch. 65-458; s. 1, ch. 67-150; s. 280, ch. 71-136; s. 1, ch. 71-153; s. 1, ch. 73-258; s. 16, ch. 85-234; s. 11, ch. 2000-197.Note.—Former s. 370.041.
FL Stat § 161.25 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part II - Beach and Shore Preservation Districts (Ss. 161.25-161.45)|161.25 - County beach and shore preservation authority; board of county commissioners.

161.25 County beach and shore preservation authority; board of county commissioners.—To carry out the beach and shore preservation program, the board of county commissioners of any county and its successors in office, as an ex officio duty, are hereby severally constituted as the beach and shore preservation authority for their county. In this capacity, any such board of county commissioners may at its own initiative take all necessary steps as soon as practicable and desirable to implement the provisions of this chapter.History.—s. 1, ch. 65-408.
FL Stat § 161.26 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part II - Beach and Shore Preservation Districts (Ss. 161.25-161.45)|161.26 - Expenses; use of county funds.

161.26 Expenses; use of county funds.—The board of county commissioners of any of the counties is authorized to use any available county funds to meet necessary expenses of its beach and shore preservation program. This may include, among other things, costs of studies, surveys, planning, engineering, coordination, negotiation, acquisition of lands, construction of works and facilities, operation and maintenance, and other activities incidental to acquisition and construction to the extent considered proper and desirable by the board of county commissioners.History.—s. 1, ch. 65-408.
FL Stat § 161.27 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part II - Beach and Shore Preservation Districts (Ss. 161.25-161.45)|161.27 - Personnel and facilities.

161.27 Personnel and facilities.—In carrying out the purposes of this part, the board of county commissioners may use to the extent feasible any personnel or facilities employed by or available to the county. In addition, the board of county commissioners may hire such personnel and contract for such services as may prove necessary or desirable.History.—s. 1, ch. 65-408.
FL Stat § 161.28 (2021)
2021 Florida Statutes|Title XI - County Organization and Intergovernmental Relations|Chapter 161 - Beach and Shore Preservation|Part II - Beach and Shore Preservation Districts (Ss. 161.25-161.45)|161.28 - Comprehensive county beach and shore preservation program.

161.28 Comprehensive county beach and shore preservation program.—The board of county commissioners of any of the counties may, by assignments to legally qualified personnel, whose services are made available as provided in s. 161.27, initiate and carry on such studies and investigations as may be necessary to plan a logical and suitable program for comprehensive beach and shore preservation within its county. This program may incorporate all or part of the recommendations of the United States Army Corps of Engineers concerning beach and shore restoration and erosion control, if there be any, and may additionally provide to an appropriate extent for the other aspects of beach and shore preservation. In conducting its studies and making its plans for a beach and shore preservation program, the board of county commissioners shall hold sufficient public hearings to ascertain the views and feelings of affected property owners in the various localities of the county regarding the needs to be served and manner in which they should best be served. The board of county commissioners shall give proper and reasonable consideration to all evidence received in planning the beach and shore preservation program.History.—s. 1, ch. 65-408.