Fla. Stat. 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.

Source: Section 161.201 — Preservation of common-law rights, https://www.­flsenate.­gov/Laws/Statutes/2024/0161.­201 (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

§ 161.201. Preservation of common-law rights's source at flsenate​.gov