§ 161.211, Fla. Stat. · Part I. REGULATION OF CONSTRUCTION,RECONSTRUCTION, ANDOTHER PHYSICAL ACTIVITY
Cancellation of resolution for nonperformance by board of trustees.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 8, ch. 70-276; s. 1, ch. 70-439; s. 3, ch. 79-233.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0161/0161.html
- Text hash
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites § 161.211, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 161.052, Fla. Stat.Coastal construction and excavation; regulation.Printed as ss. 161.141-161.211
- § 161.151, Fla. Stat.Definitions; ss. 161.141-161.211.Printed as ss. 161.141-161.211
- § 161.161, Fla. Stat.Procedure for approval of projects.Printed as ss. 161.141-161.211
- § 161.191, Fla. Stat.Vesting of title to lands.Printed as s. 161.211(2); ss. 161.141-161.211
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