Fla. Stat. 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.

Source: Section 161.211 — Cancellation of resolution for nonperformance by board of trustees, https://www.­flsenate.­gov/Laws/Statutes/2024/0161.­211 (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

§ 161.211. Cancellation of resolution for nonperformance by board of trustees's source at flsenate​.gov