reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) › 161.29 - Benefit categories or zones.

161.29 Benefit categories or zones.—Upon adoption of a reasonably final plan of improvement for the beach and shore preservation program for the entire county, the board of county commissioners shall conduct, through the use of personnel competent and qualified in this field, an economic analysis of the proposed program, determining the nature and extent of benefits expected to accrue from the program and allocating these benefits to their proper recipients by categories or zones of comparable benefits, and place in the same zone areas of equal benefit, or follow such other method as may be deemed suitable for the purposes of this section. From time to time, the board of county commissioners shall conduct in the same or similar manner a new analysis to better determine and allocate actual or expected benefits.
History.—s. 1, ch. 65-408.
2023 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) › 161.31 - Establishment of districts.

161.31 Establishment of districts.—
(1) Districts established under the provisions of this part shall constitute public bodies corporate and politic, exercising public powers and all other powers and duties incident to such bodies.
(2) The board of county commissioners shall serve as the governing body for all districts created under this authority and shall proceed as expeditiously as possible to determine and implement policy and program for each such district in accordance with the overall county program, except that the board of county commissioners may receive guidance in these matters for each district from an advisory group, consisting of not less than three nor more than five persons, which the board of county commissioners may appoint from any or each such district. Members of such advisory group shall have no definite term of office but shall serve at the pleasure of the board of county commissioners.
(3) To further provide for efficient administration of the district program, the board of county commissioners may hire such additional personnel or contract for such additional services as it considers necessary or desirable in each case.
(4) A uniform ad valorem tax not to exceed 1 mill per year on all nonexempt taxable property within the district may be levied for a period of not more than 2 years to defray organizational and administrative costs of said district.
History.—s. 1, ch. 65-408; s. 3, ch. 71-14.
2023 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) › 161.32 - Existing erosion prevention district.

161.32 Existing erosion prevention district.—This part shall not be construed to impair the existence, powers or functions of any existing erosion prevention, beach or shore preservation districts created by special or local act; provided, however, that any such existing district may re-create and reestablish itself under the provisions of this act as if originally created and established hereunder in all respects, by resolution of its governing body adopting the provisions of chapter 161, in their entirety and thereafter shall function as a beach and shore preservation district created and established under the provisions of this part.
History.—s. 1, ch. 65-408.
2023 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) › 161.33 - Cooperation with federal, state, and other governmental entities.

161.33 Cooperation with federal, state, and other governmental entities.—
(1) The board of county commissioners, for itself or on behalf of any and all duly established beach and shore preservation districts within the county, may enter into cooperative agreements and otherwise cooperate with, and meet the requirements and conditions of, federal, state and other local governments and political entities, or any agencies or representative thereof, for the purpose of improving, furthering and expediting the beach and shore preservation program.
(2) The board of county commissioners and the department, for and on behalf of each or any district created in accordance with parts I and II of this chapter, are authorized to receive and accept from any federal agency, grants for or in aid of any beach and shore preservation program contemplated by this part, and to receive and accept aid or contributions from any source, of money, property and other things of value. The board of county commissioners is authorized to make application for federal participation in the cost of any beach and shore preservation program under any Acts of Congress and all amendments thereto.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 30, ch. 94-356.
2023 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) › 161.34 - Coordination of county preservation activities.

161.34 Coordination of county preservation activities.—The board of county commissioners shall coordinate the work and activity of all districts established hereunder within the county and, to further ensure harmony and consistency with the overall county beach and shore preservation plan, shall establish working liaison with each municipality and other agencies and groups involved in beach and shore preservation activity within the county.
History.—s. 1, ch. 65-408.
2023 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) › 161.35 - County shoreline; supervisory and regulatory powers of board of county commissioners.

161.35 County shoreline; supervisory and regulatory powers of board of county commissioners.—
(1) With the consent of the department and of any municipality or other political authority involved, the board of county commissioners may regulate and supervise all physical work or activity along the county shoreline which is likely to have a material physical effect on existing coastal conditions or natural shore processes. This regulatory and supervisory authority shall specifically include, but not be limited to, installation of groins, jetties, moles, breakwaters, seawalls, revetments, and other coastal construction as defined herein. For this purpose, the board of county commissioners, with assistance as required from its professional personnel, may develop standards and criteria, issue permits and conduct inspections.
(2) All regulations and requirements prescribed by the board of county commissioners pursuant to this part may be enforced by mandatory injunction or other appropriate action in any court of competent jurisdiction. Such regulations and requirements shall in no way affect the regulatory authority of the department.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 31, ch. 94-356.
2023 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) › 161.36 - General powers of authority.

161.36 General powers of authority.—In order to most effectively carry out the purposes of this part, the board of county commissioners, as the county beach and shore preservation authority and as the governing body of each beach and shore preservation district established thereby, shall be possessed of broad powers to do all manner of things necessary or desirable in pursuance of this end; provided, however, nothing herein shall diminish or impair the regulatory authority of the Department of Environmental Protection under part I of this chapter or the Board of Trustees of the Internal Improvement Trust Fund under chapter 253. Such powers shall specifically include, but not be limited to, the following:
(1) To make contracts and enter into agreements;
(2) To sue and be sued;
(3) To acquire and hold lands and property by any lawful means;
(4) To exercise the power of eminent domain;
(5) To enter upon private property for purposes of making surveys, soundings, drillings and examinations, and such entry shall not be deemed a trespass;
(6) To construct, acquire, operate and maintain works and facilities;
(7) To make rules and regulations; and
(8) To do any and all other things specified or implied in this part.
History.—s. 1, ch. 65-408; ss. 25, 27, 35, ch. 69-106; s. 32, ch. 94-356; s. 60, ch. 99-2; s. 5, ch. 2000-197.
2023 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) › 161.39 - Cooperation between two or more counties.

161.39 Cooperation between two or more counties.—
(1) When two or more counties have created one or more beach preservation districts as provided for under this part or any other law with same or like intent, or desire to carry out programs of beach and shore preservation, and find it to be mutually beneficial, the boards of county commissioners of such counties may cooperate to any extent necessary or desirable to carry out the intent of this part or any other law with same or like intent, in the implementation of any beach or shore preservation plan or project as defined herein. This cooperation may include but shall not be limited to cooperative participation in the nonfederal costs of federally authorized projects affecting one or more of the cooperating counties, plans or projects resulting from investigation, or studies made by any or all such counties, or other such plans or projects, which by their nature would prove to be beneficial to each such cooperating county as determined by the boards of county commissioners of each such county.
(2) The costs of any such plan or project shall be borne by each of the cooperating counties in accordance with the benefits expected to accrue to each county as determined in accordance with s. 161.29, or as determined and agreed upon by the boards of county commissioners of each such cooperating county.
(3) Any county may expend funds in any other county for the purposes provided herein if in the opinion of the board of county commissioners of one county such expenditure of its funds in other counties would be beneficial to the beaches and shores of that county.
History.—s. 1, ch. 65-408.
2023 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) › 161.40 - Tax exemptions.

161.40 Tax exemptions.—All properties, revenues and other assets of the board of county commissioners acting as the beach and shore preservation authority, or of any of the districts created thereby, shall, by recognition of its essential public function, be exempt from all taxation by the state or any political subdivision, agency or instrumentality thereof. The exemption granted by this section shall not apply to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.
History.—s. 1, ch. 65-408; s. 51, ch. 89-356.
2023 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) › 161.41 - Construction of ss. 161.25-161.40.

161.41 Construction of ss. 161.25-161.40.—The provisions of ss. 161.25-161.40 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.
2023 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) › 161.45 - Effect of repeal of chapter 158 on districts created prior to repeal.

161.45 Effect of repeal of chapter 158 on districts created prior to repeal.—The county erosion districts created under the provisions of chapter 158, and presently in existence shall not be affected by the repeal of chapter 158.
History.—s. 2, ch. 65-126.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part III - Coastal Zone Protection (Ss. 161.52-161.58) › 161.52 - Short title.

161.52 Short title.—Sections 161.52-161.58 may be cited as the “Coastal Zone Protection Act of 1985.”
History.—s. 36, ch. 85-55.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part III - Coastal Zone Protection (Ss. 161.52-161.58) › 161.53 - Legislative intent.

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.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part III - Coastal Zone Protection (Ss. 161.52-161.58) › 161.56 - Establishment of local enforcement.

161.56 Establishment of local enforcement.—
(1) Nothing in ss. 161.52-161.58 shall be construed to limit or abrogate the right and power of the department to require permits or to adopt and enforce standards pursuant to s. 161.041 or s. 161.053 for construction seaward of the coastal construction control line that are as restrictive as, or more restrictive than, the requirements provided in s. 161.55 or the rights or powers of local governments to enact and enforce setback requirements or zoning or building codes that are as restrictive as, or more restrictive than, the requirements provided in s. 161.55.
(2) To assist local governments in the implementation and enforcement of s. 161.55, the state land planning agency shall develop and maintain a biennial coastal building zone construction training program for the local enforcement agencies specified in subsection (1). The state land planning agency shall provide an initial training program not later than April 1, 1987, and on a recurring biennial basis shall provide a continuing education program beginning July 1, 1989. Registration fees, as determined appropriate by the state land planning agency, may be charged to defray the cost of the program if general revenue funds are not provided for this purpose.
History.—s. 36, ch. 85-55; s. 4, ch. 86-191; s. 1, ch. 89-249; s. 3, ch. 98-287; ss. 9, 10, ch. 2000-141; s. 14, ch. 2000-158; s. 2, ch. 2000-211; s. 34, ch. 2001-186; s. 3, ch. 2001-372.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part III - Coastal Zone Protection (Ss. 161.52-161.58) › 161.57 - Coastal properties disclosure statement.

161.57 Coastal properties disclosure statement.—
(1) The Legislature finds that it is necessary to ensure that the purchasers of interests in real property located in coastal areas partially or totally seaward of the coastal construction control line as defined in s. 161.053 are fully apprised of the character of the regulation of the real property in such coastal areas and, in particular, that such lands are subject to frequent and severe fluctuations.
(2) At or prior to the time a seller and a purchaser both execute a contract for sale and purchase of any interest in real property located partially or totally seaward of the coastal construction control line as defined in s. 161.053, the seller must give a written disclosure statement in the following form to the prospective purchaser which may be set forth in the contract or in a separate writing:
The property being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the property being purchased.
(3) Unless otherwise waived in writing by the purchaser, at or prior to the closing of any transaction where an interest in real property located either partially or totally seaward of the coastal construction control line as defined in s. 161.053 is being transferred, the seller shall provide to the purchaser an affidavit, or a survey meeting the requirements of chapter 472, delineating the location of the coastal construction control line on the property being transferred.
(4) A seller’s failure to deliver the disclosure, affidavit, or survey required by this section does not impair the enforceability of the sale and purchase contract by either party, create any right of rescission by the purchaser, or impair the title to any such real property conveyed by the seller to the purchaser.
History.—s. 36, ch. 85-55; s. 22, ch. 87-224; s. 1, ch. 2006-273.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part III - Coastal Zone Protection (Ss. 161.52-161.58) › 161.58 - Vehicular traffic on coastal beaches.

161.58 Vehicular traffic on coastal beaches.—
(1) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety, and except for traffic upon authorized local or state dune crossovers, is prohibited on the dunes or native stabilizing vegetation of the dune system of coastal beaches. Except as otherwise provided in this section, any person driving any vehicle on, over, or across any dune or native stabilizing vegetation of the dune system shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Vehicular traffic, except that which is necessary for cleanup, repair, or public safety, or for the purpose of maintaining existing licensed and permitted traditional commercial fishing activities or existing authorized public accessways, is prohibited on coastal beaches except where a local government with jurisdiction over a coastal beach or portions of a coastal beach has:
(a) Authorized such traffic, by at least a three-fifths vote of its governing body, on all or portions of the beaches under its jurisdiction prior to the effective date of this act; and
(b) Determined, by October 1, 1989, in accordance with the rules of the department, that less than 50 percent of the peak user demand for off-beach parking is available. However, the requirements and department rulemaking authority provided in this paragraph shall not apply to counties that have adopted, prior to January 1, 1988, unified countywide beach regulations pursuant to a county home rule charter.
(3) A local government authorizing such vehicular traffic on all or portions of its beaches pursuant to subsection (2) may later prohibit, by a vote of at least three-fifths of its governing body, such vehicular traffic on all or portions of the beaches under its jurisdiction. Any such local government shall be authorized by a three-fifths vote of its governing body to charge a reasonable fee for vehicular traffic access. The revenues from any such fees shall be used only for beach maintenance; beach-related traffic management and parking; beach-related law enforcement and liability insurance; or beach-related sanitation, lifeguard, or other staff purposes. Except where authorized by the local government, any person driving any vehicle on, over, or across the beach shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 36, ch. 85-55; s. 5, ch. 86-191; s. 23, ch. 87-224; s. 2, ch. 88-106; s. 2, ch. 89-249.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part IV - Oceans and Coastal Resources Act (Ss. 161.70-161.76) › 161.70 - Short title.

161.70 Short title.—This part may be cited as the “Oceans and Coastal Resources Act.”
History.—s. 1, ch. 2005-166.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part IV - Oceans and Coastal Resources Act (Ss. 161.70-161.76) › 161.71 - Definitions.

161.71 Definitions.—As used in this part, the term:
(1) “Commission” means the Fish and Wildlife Conservation Commission created in s. 9, Art. IV of the State Constitution.
(2) “Council” means the Florida Oceans and Coastal Council created by this act.
(3) “Department” means the Department of Environmental Protection.
(4) “Executive director” means the executive director of the Fish and Wildlife Conservation Commission.
(5) “Oceans” means those waters from the mean high-water line outward to the state’s jurisdictional boundary and those United States waters in which this state has an interest.
(6) “Secretary” means the secretary of the Department of Environmental Protection.
History.—s. 1, ch. 2005-166.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part IV - Oceans and Coastal Resources Act (Ss. 161.70-161.76) › 161.73 - Composition.

161.73 Composition.—The Florida Oceans and Coastal Council is created within the Department of Environmental Protection and shall consist of 18 members. The secretary, the executive director, and the commissioner of the Department of Agriculture and Consumer Services, or their designees, shall serve as ex officio members of the council. The council shall be jointly chaired by the secretary and the executive director. The 15 voting members of the council shall be appointed, within 60 days after this act becomes law, in the following manner:
(1) Five members shall be appointed by the secretary of the Department of Environmental Protection which will be comprised of one scientist specializing in each of the following fields: wetlands and watersheds; nearshore waters or estuaries; offshore waters or open oceans; hydrology and aquatic systems; and coastal geology or coastal erosion and shorelines.
(2) Five members shall be appointed by the executive director of the Fish and Wildlife Conservation Commission which will be comprised of one scientist specializing in each of the following fields: resource management; wildlife habitat management; fishery habitat management; coastal and pelagic birdlife; and marine biotechnology.
(3) Five members shall be appointed by the commissioner of the Department of Agriculture and Consumer Services. These appointments shall be selected from a list of at least eight individuals submitted to the commissioner by the Florida Ocean Alliance. The individuals selected by the Florida Ocean Alliance shall be chosen from the following disciplines or groups: sportfishing; ports; cruise industry; energy industry; ecotourism; private marine research institutes; universities; aquaculture; maritime law; commercial fisheries; socioeconomics; marine science education; and environmental groups.
(4) Appointments made by the secretary and executive director shall be to terms of 4 years each. Appointments made by the commissioner of the Department of Agriculture and Consumer Services shall be to terms of 2 years. Members shall serve until their successors are appointed. Vacancies shall be filled in the manner of the original appointment for the remainder of the term that is vacated.
(5) Members shall serve without compensation, but are entitled to reimbursement of travel and per diem expenses pursuant to s. 112.061, relating to completing their duties and responsibilities.
History.—s. 1, ch. 2005-166.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 161 - Beach and Shore Preservation › Part IV - Oceans and Coastal Resources Act (Ss. 161.70-161.76) › 161.76 - Preservation of authority.

161.76 Preservation of authority.—This part does not restrict or limit the authority otherwise granted to the commission, or other state agencies by law.
History.—s. 1, ch. 2005-166.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.01 - Short title.

162.01 Short title.—Sections 162.01-162.13 may be cited as the “Local Government Code Enforcement Boards Act.”
History.—s. 1, ch. 80-300; s. 72, ch. 81-259; s. 1, ch. 82-37.
Note.—Former s. 166.051.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.02 - Intent.

162.02 Intent.—It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
History.—s. 1, ch. 80-300; s. 2, ch. 82-37; s. 1, ch. 85-150; s. 1, ch. 86-201; s. 1, ch. 89-268.
Note.—Former s. 166.052.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.03 - Applicability.

162.03 Applicability.—
(1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein.
(2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.
History.—ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360; s. 63, ch. 2004-11.
Note.—Former s. 166.053.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.04 - Definitions.

162.04 Definitions.—As used in ss. 162.01-162.13, the term:
(1) “Local governing body” means the governing body of the county or municipality, however designated.
(2) “Code inspector” means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance.
(3) “Local governing body attorney” means the legal counselor for the county or municipality.
(4) “Enforcement board” means a local government code enforcement board.
(5) “Repeat violation” means a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations.
History.—s. 1, ch. 80-300; s. 4, ch. 82-37; s. 10, ch. 83-216; s. 3, ch. 86-201; s. 3, ch. 89-268; s. 3, ch. 99-360; s. 22, ch. 2001-60.
Note.—Former s. 166.054.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.08 - Powers of enforcement boards.

162.08 Powers of enforcement boards.—Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
History.—s. 1, ch. 80-300; s. 7, ch. 82-37; s. 7, ch. 86-201; s. 7, ch. 89-268.
Note.—Former s. 166.058.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.10 - Duration of lien.

162.10 Duration of lien.—No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney’s fee, that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
History.—s. 9, ch. 82-37; s. 9, ch. 86-201; s. 9, ch. 89-268; s. 5, ch. 94-291; s. 2, ch. 2000-125.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.11 - Appeals.

162.11 Appeals.—An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed.
History.—s. 1, ch. 80-300; s. 10, ch. 82-37; s. 3, ch. 85-150; s. 10, ch. 86-201.
Note.—Former s. 166.061.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.125 - Actions for money judgments under this chapter; limitation.

162.125 Actions for money judgments under this chapter; limitation.—Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000.
History.—s. 4, ch. 2000-125.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part I - Local Government Code Enforcement Boards (Ss. 162.01-162.13) › 162.13 - Provisions of act supplemental.

162.13 Provisions of act supplemental.—It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means of obtaining compliance with local codes. Except as provided in s. 162.06(1)(b), nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes by any other means.
History.—s. 11, ch. 82-37; s. 3, ch. 2021-167.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part II - Supplemental County or Municipal Code or Ordinance Enforcement Procedures (Ss. 162.21-162.30) › 162.22 - Designation of enforcement methods and penalties for violation of municipal ordinances.

162.22 Designation of enforcement methods and penalties for violation of municipal ordinances.—The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law.
History.—s. 1, ch. 94-255.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part II - Supplemental County or Municipal Code or Ordinance Enforcement Procedures (Ss. 162.21-162.30) › 162.23 - Notice to appear.

162.23 Notice to appear.—
(1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person.
(2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible.
History.—s. 1, ch. 96-385; s. 7, ch. 99-360.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 162 - County or Municipal Code Enforcement › Part II - Supplemental County or Municipal Code or Ordinance Enforcement Procedures (Ss. 162.21-162.30) › 162.30 - Civil actions to enforce county and municipal ordinances.

162.30 Civil actions to enforce county and municipal ordinances.—In addition to other provisions of law authorizing the enforcement of county and municipal codes and ordinances, a county or municipality may enforce any violation of a county or municipal code or ordinance by filing a civil action in the same manner as instituting a civil action. The action shall be brought in county or circuit court, whichever is appropriate depending upon the relief sought. Counties and municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the United States or the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27.52. The county or municipality shall bear all court fees and costs of any such action, and may, if it prevails, recover the court fees and costs and expense of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court.
History.—s. 87, ch. 2003-402.