reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VII - Taxable Bonds (Ss. 159.821-159.8291) › 159.829 - Refunding bonds.

159.829 Refunding bonds.—Notwithstanding any provisions of state law relating to the investment or reinvestment of surplus funds of any governmental unit or any more restrictive provisions of the statutes under authority of which the bonds are issued, the proceeds of taxable bonds issued to refund or advance refund a prior issue or issues of taxable bonds may be invested in securities or obligations described in the ordinance or resolution providing for the issuance of such taxable bonds.
History.—s. 1, ch. 87-237.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VII - Taxable Bonds (Ss. 159.821-159.8291) › 159.8291 - Construction of law.

159.8291 Construction of law.—The provisions of this act shall be liberally construed in order to effectively carry out the purposes of this act.
History.—s. 1, ch. 87-237.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VIII - Qualified Public Educational Facilities Private Activity Bonds (Ss. 159.831-159.835) › 159.831 - Short title.

159.831 Short title.—This part may be cited as the “Florida Qualified Public Educational Facilities Private Activity Bond Allocation Act.”
History.—s. 49, ch. 2003-391.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VIII - Qualified Public Educational Facilities Private Activity Bonds (Ss. 159.831-159.835) › 159.832 - Purpose.

159.832 Purpose.—The purpose of this part is to allocate the state volume limitation imposed by s. 142(k)(5)(A) of the code on private activity bonds to finance qualified public educational facilities. No private activity bond subject to the limitation in s. 142(k)(5)(A) of the code shall be issued in this state unless a written confirmation therefor is issued pursuant to this part.
History.—s. 49, ch. 2003-391.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VIII - Qualified Public Educational Facilities Private Activity Bonds (Ss. 159.831-159.835) › 159.833 - Definitions.

159.833 Definitions.—As used in this part, the term:
(1) “Board” means the State Board of Education, created pursuant to s. 2, Art. IX of the State Constitution.
(2) “Code” means the Internal Revenue Code of 1986, as amended, and the regulations and rulings issued thereunder.
(3) “Commissioner” means the Commissioner of Education.
(4) “Department” means the Department of Education, created pursuant to s. 20.15.
(5) “Issued” has the same meaning as in the code.
(6) “Private activity bond” means any bond described in s. 141 of the code.
(7) “Qualified Public Educational Facility” means a facility described in s. 142(k)(1) of the code.
History.—s. 49, ch. 2003-391.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VIII - Qualified Public Educational Facilities Private Activity Bonds (Ss. 159.831-159.835) › 159.834 - Allocation of state volume limitation.

159.834 Allocation of state volume limitation.—
(1) The board shall establish a program for allocating the state volume limitation imposed by s. 142(k)(5)(A) of the code on private activity bonds to finance qualified public educational facilities. Such program shall include objective criteria to be considered in determining whether to grant a request for such volume limitation, including, but not limited to, the need for a qualified public educational facility in the area proposed in the application, the number of students to be served by such facility, and the cost-effectiveness of the proposed facility. The program shall be administered by the department.
(2) The department shall annually determine the amount of private activity bonds for qualified public educational facilities permitted to be issued in this state under s. 142(k)(5) of the code and shall make such information available upon request to any person or agency.
(3) The department shall ensure that any volume limitation unused at the end of each calendar year is carried forward pursuant to s. 142(k)(5)(B)(ii) of the code.
(4) The commissioner shall sign any certificate required by the code relating to the allocation of the state volume limitation on private activity bonds to finance qualified public educational facilities.
History.—s. 49, ch. 2003-391; s. 29, ch. 2019-3.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part VIII - Qualified Public Educational Facilities Private Activity Bonds (Ss. 159.831-159.835) › 159.835 - Rules.

159.835 Rules.—The board and the department shall adopt any rules necessary to ensure the orderly implementation and administration of this act.
History.—s. 49, ch. 2003-391.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part IX - Qualified School Construction Bonds (Ss. 159.841-159.845) › 159.841 - Short title.

159.841 Short title.—This part may be cited as the “Florida Qualified School Construction Bond Allocation Act.”
History.—s. 1, ch. 2009-59.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part IX - Qualified School Construction Bonds (Ss. 159.841-159.845) › 159.842 - Purpose.

159.842 Purpose.—The purpose of this part is to allocate the state volume limitation imposed by s. 54F(d) of the code on qualified school construction bonds to finance qualified school construction facilities. Any bond issued which uses a portion of the limitation imposed by s. 54F(d)(1) of the code, or uses a portion of the limitation reallocated to the state pursuant to s. 54F(d)(2)(D) of the code, may not be issued in this state unless a written confirmation therefor is issued pursuant to this part.
History.—s. 1, ch. 2009-59.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part IX - Qualified School Construction Bonds (Ss. 159.841-159.845) › 159.843 - Definitions.

159.843 Definitions.—As used in this part, the term:
(1) “Board” means the State Board of Education, created pursuant to s. 2, Art. IX of the State Constitution.
(2) “Code” means the Internal Revenue Code of 1986, as amended, and the regulations and rulings issued thereunder.
(3) “Commissioner” means the Commissioner of Education.
(4) “Department” means the Department of Education, created pursuant to s. 20.15.
(5) “Issued” has the same meaning as in the code.
(6) “Qualified school construction bond” means a bond described in s. 54F(a) of the code.
(7) “Qualified school construction facility” means a facility permitted to be financed with qualified school construction bonds pursuant to s. 54F(a) of the code.
History.—s. 1, ch. 2009-59.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part IX - Qualified School Construction Bonds (Ss. 159.841-159.845) › 159.844 - Allocation of state volume limitation.

159.844 Allocation of state volume limitation.—
(1) The board shall establish a program for allocating the state volume limitation imposed by s. 54F(d)(1) of the code, or reallocated to the state pursuant to s. 54F(d)(2)(D) of the code, on qualified school construction bonds to finance qualified school construction facilities. The Department of Education shall administer the program for allocation of the state volume limitation pursuant to an application and issuance reporting process. Such program must include objective criteria to be considered in determining whether to grant a request for the volume limitation, including, but not limited to, the need for a qualified school construction facility in the area proposed in the application, the number of students to be served by such facility, and the cost-effectiveness of the proposed facility.
(2) The department shall annually determine the amount of qualified school construction bonds permitted to be issued in this state under s. 54F(d)(1) of the code and shall make such information available upon request to any person or agency.
(3) The department shall ensure that any volume limitation that is unused at the end of each calendar year is carried forward pursuant to s. 54F(e) of the code.
(4) The commissioner shall sign any certificate required by the code which relates to the allocation of the state volume limitation on qualified school construction bonds to finance qualified school construction facilities.
History.—s. 1, ch. 2009-59.
2023 Florida Statutes › Title XI - County Organization and Intergovernmental Relations › Chapter 159 - Bond Financing › Part IX - Qualified School Construction Bonds (Ss. 159.841-159.845) › 159.845 - Rules.

159.845 Rules.—The board and the department shall adopt any rules necessary to ensure the orderly implementation of this part.
History.—s. 1, ch. 2009-59.
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) › 161.011 - Short title.

161.011 Short title.—Parts I and II of this chapter may be known and cited as the “Dennis L. Jones Beach and Shore Preservation Act.”
History.—s. 1, ch. 65-408; s. 1, ch. 2012-65.
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) › 161.021 - Definitions.

161.021 Definitions.—In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase, or term:
(1) “Access” or “public access” as used in ss. 161.041, 161.052, and 161.053 means the public’s right to laterally traverse the sandy beaches of this state where such access exists on or after July 1, 1987, or where the public has established an accessway through private lands to lands seaward of the mean high tide or water line by prescription, prescriptive easement, or any other legal means, development or construction shall not interfere with such right of public access unless a comparable alternative accessway is provided.
(2) “Beach and shore preservation,” “erosion control, beach preservation and hurricane protection,” “beach erosion control” and “erosion control” includes, but is not limited to, erosion control, hurricane protection, coastal flood control, shoreline and offshore rehabilitation, and regulation of work and activities likely to affect the physical condition of the beach or shore.
(3) “Beach nourishment” means the maintenance of a restored beach by the replacement of sand.
(4) “Beach restoration” means the placement of sand on an eroded beach for the purposes of restoring it as a recreational beach and providing storm protection for upland properties.
(5) “Board of trustees” means the Board of Trustees of the Internal Improvement Trust Fund.
(6) “Coastal construction” includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.
(7) “Department” means the Department of Environmental Protection.
(8) “Emergency” means any unusual incident resulting from natural or unnatural causes which endangers the health, safety, or resources of the residents of the state, including damages or erosion to any shoreline resulting from a hurricane, storm, or other such violent disturbance.
(9) “Inlet sediment bypassing” includes any transfer of sediment from an inlet or beach to another stretch of beach for the purpose of nourishment and beach erosion control.
(10) “Local government” means a county, municipality, community development district, or independent special taxing district.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 43, ch. 71-377; s. 1, ch. 78-257; s. 1, ch. 86-138; s. 11, ch. 87-97; s. 17, ch. 94-356; s. 2, ch. 2000-346; s. 1, ch. 2007-99.
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) › 161.031 - Personnel and facilities.

161.031 Personnel and facilities.—The Department of Environmental Protection may call to its assistance temporarily, any engineer or other employee in any state agency or department or in the University of Florida or other educational institution financed wholly or in part by the state, for the purpose of devising the most effective and economical method of averting and preventing erosion, hurricane, and storm damages. These employees shall not receive additional compensation, except for actual necessary expenses incurred while working under the direction of the department.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 18, ch. 94-356; s. 4, ch. 2000-197.
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) › 161.0415 - Citation of rule.

161.0415 Citation of rule.—In addition to any other provisions within this chapter or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this chapter or such rules promulgated hereunder, cite a specific rule or provision of the Florida Building Code. If a request for information cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.
History.—s. 1, ch. 79-161; s. 4, ch. 2000-141; 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 I - Regulation of Construction, Reconstruction, and Other Physical Activity (Ss. 161.011-161.242) › 161.042 - Coastal construction and excavation in barrier beach inlets.

161.042 Coastal construction and excavation in barrier beach inlets.—The department is authorized to direct any person, or any public body or agency, responsible for the excavation of sandy sediment as a result of any activity conducted to maintain navigable depths within or immediately adjacent to any coastal barrier beach inlet within sovereignty lands, after the department considers any limitations under chapters 253 and 403 on the deposition of spoil material from the excavation, and upon issuance of water quality certification by the department, to use such sediment for beach nourishment as prescribed by the department. For any construction or excavation within or immediately contiguous to any coastal barrier beach inlet which has been permitted pursuant to s. 161.041, the department may require the permittee to supply beach profiles and conduct hydrographic monitoring of the impacted area.
History.—s. 3, ch. 78-257; s. 1, ch. 80-183; s. 20, ch. 94-356; s. 4, ch. 2000-346.
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) › 161.051 - Coastal construction by persons, firms, corporations, or local authorities.

161.051 Coastal construction by persons, firms, corporations, or local authorities.—Where any person, firm, corporation, county, municipality, township, special district, or any public agency shall construct and install projects when permits have been properly issued, such works and improvements shall be the property of said person, firm, corporation, county, municipality, township, special district, or any public agency where located, and shall thereafter be maintained by and at the expense of said person, firm, corporation, county, municipality, township, special district, or other public agency. No grant under this section shall affect title of the state to any lands below the mean high-water mark, and any additions or accretions to the upland caused by erection of such works or improvement shall remain the property of the state if not previously conveyed. The state shall in no way be liable for any damages as a result of erections of such works and improvements, or for any damages arising out of construction, reconstruction, maintenance, or repair thereof, or otherwise arising on account of such works or improvements.
History.—s. 1, ch. 65-408.
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) › 161.0535 - Permits; fees, costs.

161.0535 Permits; fees, costs.—The department may establish by rule a fee schedule and may assess fees for the filing, processing, and issuance of permits issued under ss. 161.041 and 161.053. The fee schedule must contain categories of permits based on the varying costs of evaluating applications for different types of proposed construction. The fee schedule must be based on the actual costs of administering these permitting programs. Moneys from fees assessed under this section must be deposited into the Florida Permit Fee Trust Fund. The department may also assess the applicant for the costs of public notice by publication prior to the consideration of these permit applications; alternatively, the department may require an applicant to publish, at the applicant’s expense, in a newspaper of general circulation within the affected area, a notice of receipt of the application and a notice of the intended agency action.
History.—s. 2, ch. 83-247; s. 34, ch. 85-55; s. 14, ch. 87-97; s. 486, ch. 94-356; s. 2, ch. 96-321.
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) › 161.054 - Administrative fines; liability for damage; liens.

161.054 Administrative fines; liability for damage; liens.—
(1) In addition to the penalties provided for in ss. 161.052, 161.053, and 161.121, any person, firm, corporation, or governmental agency, or agent thereof, refusing to comply with or willfully violating s. 161.041, s. 161.052, or s. 161.053, or any rule or order prescribed by the department thereunder, shall incur a fine for each offense in an amount up to $15,000 to be fixed, imposed, and collected by the department. Each day during any portion of which such violation occurs constitutes a separate offense.
(2) Whenever any person, firm, corporation, or governmental agency, or agent thereof, knowingly or by gross negligence violates any of the provisions of s. 161.041, s. 161.052, or s. 161.053 so that damage is caused to sovereignty lands seaward of mean high water or to beaches, shores, or beach-dune systems, including animal, plant, or aquatic life thereon, such violator shall be liable for such damage. If two or more persons, firms, corporations, or governmental agencies, or their agents, cause damage, and if liability for such damage cannot be apportioned, each violator shall be jointly and severally liable for the damage. If, however, liability for such damage can be apportioned, each violator is liable only for that portion of the damage and subject to that portion of the fine attributable to his or her violation.
(3) The imposition of a fine or an award of damages pursuant to this section shall create a lien upon the real and personal property of the violator, enforceable by the department as are statutory liens under chapter 85. The proceeds of such fines and awards of damages shall be deposited in the Florida Coastal Protection Trust Fund.
(4) Fines imposed by the department or damages awarded shall be of such amount so as to ensure immediate and continued compliance with the provisions of ss. 161.041, 161.052, and 161.053.
(5) Any applicant for a permit pursuant to s. 161.041, s. 161.052, or s. 161.053 shall be denied a permit if a lien imposed upon the property pursuant to the provisions of this section is outstanding against the applicant; however, the department may authorize a permit after the fact in accordance with s. 161.041, s. 161.052, or s. 161.053, conditioned upon a resolution of the violation.
History.—s. 4, ch. 80-183; s. 3, ch. 83-247; s. 35, ch. 85-55; s. 2, ch. 86-138; s. 15, ch. 87-97; s. 30, ch. 91-45; s. 894, ch. 95-147; s. 3, ch. 96-321; s. 6, ch. 2015-229; s. 4, ch. 2020-158.
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) › 161.055 - Concurrent processing of permits.

161.055 Concurrent processing of permits.—
(1) When an activity for which a permit is required under this chapter also requires a permit, authorization, or approval described in paragraph (2)(b), including a port conceptual permit pursuant to s. 373.4133, the department may, by rule, provide that the activity may be undertaken only upon receipt of a single permit from the department called a “joint coastal permit,” as provided in this section.
(2) The department may adopt rules requiring concurrent application submittal and establishing a concurrent review and permitting procedure for any activity regulated under this chapter that also requires one or more of the permits, authorizations, or approvals described in paragraph (a) or paragraph (b). The rules must establish concurrent procedures for processing applications under this part with one or more of the permits, authorizations, or approvals described in paragraph (a) or paragraph (b). An applicant that proposes such an activity must submit, as part of the permit application under this chapter, all information necessary to satisfy the requirements for issuance of any required:
(a) Proprietary authorization under chapters 253 and 258 to use submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund; and
(b) Environmental resource permit or dredge and fill permit under part IV of chapter 373.
The timeframes for license approval or denial set forth in s. 120.60(1) do not commence until all required information is received. The rules authorized under this section may also require submittal of such information as is necessary to determine whether the proposed activity will occur on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, and shall contain provisions for permit processing and issuance of orders which are consistent with s. 373.427 and provisions for providing notice of applications which are consistent with s. 373.413. Authorization under this subsection may not be issued unless the requirements for issuance of any additional required authorizations, permits, waivers, variances, and approvals described in paragraph (a) or paragraph (b) are also satisfied.
(3) The review of agency action on an application for issuance of a joint coastal permit must be as provided in s. 373.4275.
History.—s. 485, ch. 94-356; s. 22, ch. 96-410; s. 6, ch. 2010-201.
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) › 161.061 - Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.

161.061 Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable.—
(1) Any coastal construction, or any structure including groins, jetties, moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, regardless of date of construction or whether a permit has been issued in accordance with this part, which serves no public purpose, which is dangerous to or in any way endangers human life, health, or welfare, or which proves to be undesirable or becomes unnecessary, as determined by the department, shall be adjusted, altered, or removed by the abutting upland property owner after written notice by the division. Request for hearing must be filed by the owner with the department within 15 days after such notice. Adjustments, alterations, or removals required by this section shall be accomplished at no cost to the state. The decision of the department as to whether to adjust, alter, or remove such coastal construction or structure shall be final, and the department shall set a reasonable time within which the adjustment, alteration, or removal shall be accomplished.
(2) In the event that the upland property owner does not adjust, alter, or remove any coastal construction, or other structure including groins, jetties, moles, breakwaters, seawalls, revetments, or other structures if of a solid or highly impermeable design upon sovereignty lands of Florida, below the mean high-water line, when requested or directed by the department in accordance with subsection (1) of this section, the department may alter, adjust, or remove such coastal construction or structures at its own expense, and the costs thereof shall become a lien upon the property of said abutting upland property owner.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95; s. 23, ch. 94-356.
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) › 161.071 - Prosecuting officers to assist enforcement of this part.

161.071 Prosecuting officers to assist enforcement of this part.—State attorneys, or other prosecuting officers of the state or county, and sheriffs and their deputies of the several counties of this state, shall assist the department in enforcement of this part. The officers and their deputies shall, upon information that any persons, firms, or corporations are violating any of the provisions of this part, report the same, together with the information in their possession relating thereto, to the department and shall cooperate with the department in carrying out the provisions of this part. The state attorneys and other prosecuting officers of the state or any county, upon the request of the department, shall institute and maintain such legal proceedings as may be necessary to carry out the enforcement of the provisions of this part.
History.—s. 1, ch. 65-408; ss. 25, 35, ch. 69-106; s. 24, ch. 94-356.
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) › 161.081 - Powers of Department of Legal Affairs.

161.081 Powers of Department of Legal Affairs.—When a permit is required under this part and has not been issued as provided herein, any such project or physical activity shall be considered a public nuisance and the Department of Legal Affairs may at the request of the Department of Environmental Protection institute proceedings to enjoin or abate such nuisance.
History.—s. 1, ch. 65-408; ss. 11, 25, 35, ch. 69-106; s. 1, ch. 95-150.
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) › 161.082 - Review of innovative technologies for beach nourishment.

161.082 Review of innovative technologies for beach nourishment.—The department is directed to periodically review innovative technologies for beach nourishment and, on a limited basis, authorize, through the permitting process, experimental projects that are alternatives to traditional dredge and fill projects to determine the most effective and less costly techniques for beach nourishment.
History.—s. 2, ch. 93-8; s. 25, ch. 94-356; s. 6, ch. 2000-346.
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) › 161.088 - Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.

161.088 Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects.—Because beach erosion is a serious menace to the economy and general welfare of the people of this state and has advanced to emergency proportions, it is hereby declared to be a necessary governmental responsibility to properly manage and protect Florida beaches fronting on the Atlantic Ocean, Gulf of Mexico, and Straits of Florida from erosion and that the Legislature make provision for beach restoration and nourishment projects, including inlet management projects that cost-effectively provide beach-quality material for adjacent critically eroded beaches. The Legislature declares that such beach restoration and nourishment projects, as approved pursuant to s. 161.161, are in the public interest; must be in an area designated as critically eroded shoreline, or benefit an adjacent critically eroded shoreline; must have a clearly identifiable beach management benefit consistent with the state’s beach management plan; and must be designed to reduce potential upland damage or mitigate adverse impacts caused by improved, modified, or altered inlets, coastal armoring, or existing upland development. Given the extent of the problem of critically eroded beaches, it is also declared that beach restoration and nourishment projects shall be funded in a manner that encourages all cost-saving strategies, fosters regional coordination of projects, improves the performance of projects, and provides long-term solutions. The Legislature further declares that nothing herein is intended to reduce or amend the beach protection programs otherwise established in this chapter or to result in local governments altering the coastal management elements of their local government comprehensive plans pursuant to chapter 163.
History.—s. 3, ch. 86-138; s. 1, ch. 98-311; s. 7, ch. 2000-346.
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) › 161.091 - 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.
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) › 161.111 - 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.
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) › 161.121 - 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.
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) › 161.131 - 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.
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) › 161.144 - 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.
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) › 161.151 - 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.
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) › 161.163 - 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.
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) › 161.181 - 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.
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) › 161.191 - 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.
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) › 161.201 - 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.
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) › 161.211 - 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.