Fla. Stat. 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.

Source: Section 161.061 — Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable, https://www.­flsenate.­gov/Laws/Statutes/2024/0161.­061 (accessed Aug. 7, 2025).

161.011
Short title 161.021
Definitions 161.031
Personnel and facilities 161.041
Permits required 161.042
Coastal construction and excavation in barrier beach inlets 161.051
Coastal construction by persons, firms, corporations, or local authorities 161.052
Coastal construction and excavation 161.053
Coastal construction and excavation 161.054
Administrative fines 161.055
Concurrent processing of permits 161.061
Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable 161.071
Prosecuting officers to assist enforcement of this part 161.081
Powers of Department of Legal Affairs 161.082
Review of innovative technologies for beach nourishment 161.085
Rigid coastal armoring structures 161.088
Declaration of public policy respecting beach erosion control and beach restoration and nourishment projects 161.091
Beach management 161.101
State and local participation in authorized projects and studies relating to beach management and erosion control 161.111
Shore erosion emergency 161.121
Penalty 161.131
Construction of ss 161.141
Property rights of state and private upland owners in beach restoration project areas 161.142
Declaration of public policy relating to improved navigation inlets 161.143
Inlet management 161.144
Policy guidance related to sand source management 161.151
Definitions 161.161
Procedure for approval of projects 161.163
Coastal areas used by sea turtles 161.181
Recording of resolution and survey of board of trustees 161.191
Vesting of title to lands 161.201
Preservation of common-law rights 161.211
Cancellation of resolution for nonperformance by board of trustees 161.212
Judicial review relating to permits and licenses 161.242
Harvesting of sea oats and sea grapes prohibited 161.0415
Citation of rule 161.0531
Development agreements 161.0535
Permits

Current through Fall 2025

§ 161.061. Coastal construction serving no public purpose, endangering human life, health, or welfare, or becoming unnecessary or undesirable's source at flsenate​.gov