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Florida Statute 161.53 - Full Text and Legal Analysis
Florida Statute 161.53 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 161
BEACH AND SHORE PRESERVATION
View Entire Chapter
161.53 Legislative intent.—
(1) The Legislature recognizes that coastal areas play an important role in protecting the ecology and the public health, safety, and welfare of the citizens of the state; that in recent years the coastal areas have been subjected to increasing growth pressures; and that unless these pressures are controlled, the very features which make coastal areas economically, aesthetically, and ecologically rich will be destroyed.
(2) The Legislature further recognizes that coastal areas form the first line of defense for the mainland against both winter storms and hurricanes, that the dunes of coastal areas perform valuable protective functions for public and private property, and that placement of permanent structures in these protective areas may lead to increased risks to life and property and increased costs to the public. Coastal areas often protect lagoons, salt marshes, estuaries, bays, marine habitats, and the mainland from the direct action of ocean waves or storm surges; absorb the forces of oceanic activity on their seaward sides and protect calmer waters and stable shores to their landward sides; and are dynamic geologic systems with topography that is subject to alteration by waves, storm surges, flooding, or littoral currents.
(3) The Legislature further recognizes that these coastal areas are among Florida’s most valuable resources and have extremely high recreational and aesthetic value which should be preserved and enhanced. Coastal areas provide a unique habitat for birds, wildlife, marine life, and plant life and protect waters that are vital to the food chain.
(4) The Legislature further recognizes that there is a tremendous cost to the state for postdisaster redevelopment in the coastal areas and that preventive measures should be taken on a continuing basis in order to reduce the harmful consequences of natural and manmade disasters or emergencies.
(5) It is, therefore, the intent of the Legislature that the most sensitive portion of the coastal area shall be managed through the imposition of strict construction standards in order to minimize damage to the natural environment, private property, and life.
History.—s. 36, ch. 85-55.

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Amendments to 161.53


Annotations, Discussions, Cases:

Cases Citing Statute 161.53

Total Results: 24  |  Sort by: Relevance  |  Newest First

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Town of Indialantic v. Nance, 400 So. 2d 37 (Fla. 5th DCA 1981).

Cited 15 times | Published | Florida 5th District Court of Appeal

28-107, Indialantic Zoning Code (1977). [3] § 161.053, Fla. Stat. (1977). [4] Indialantic acted consistent
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Dept. of Nat. Resources v. Wingfield Dev. Co., 581 So. 2d 193 (Fla. 1st DCA 1991).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 4783, 1991 WL 87671

(DNR) in accordance with the provisions of Section 161.053, Florida Statutes. Wingfield then requested
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St. Joe Paper Co. v. Fla. Dept of Nat. Res., 536 So. 2d 1119 (Fla. 1st DCA 1988).

Cited 9 times | Published | Florida 1st District Court of Appeal | 1988 WL 138497

the like." In 1971, the legislature enacted section 161.053, which directed the Department of Natural Resources
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Baillie v. Dept. of Nat. Resources, 632 So. 2d 1114 (Fla. 1st DCA 1994).

Cited 8 times | Published | Florida 1st District Court of Appeal | 1994 WL 64957

rule also urge the unconstitutionality of section 161.053, Florida Statutes, claim that the coastal construction
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Island Harbor v. Dept. of Nat. Resources, 495 So. 2d 209 (Fla. 1st DCA 1986).

Cited 7 times | Published | Florida 1st District Court of Appeal

control line in Charlotte County pursuant to section 161.053(2), Florida Statutes (1983).[1] Appellants
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GLA & Assocs., Inc. v. City of Boca Raton, 855 So. 2d 278 (Fla. 4th DCA 2003).

Cited 7 times | Published | Florida 4th District Court of Appeal | 2003 WL 22298745

elevations" except in compliance with the statute. § 161.053(2)(a), Fla. Stat. (2000). For any such work on
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Town of Palm Beach v. State, Dept. of Nat'l Res., 577 So. 2d 1383 (Fla. 4th DCA 1991).

Cited 6 times | Published | Florida 4th District Court of Appeal

01(17), Fla. Stat.; § 161.021(6), Fla. Stat. Section 161.053, Florida Statutes provides that the Department
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Town of Indialantic v. McNulty, 400 So. 2d 1227 (Fla. 5th DCA 1981).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1981 Fla. App. LEXIS 19391

preservation of the "beach dune system."[13] Section 161.053(1) provides: The Legislature finds and declares
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Atlantis at Perdido Ass'n, Inc. v. Warner, 932 So. 2d 1206 (Fla. 1st DCA 2006).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2006 WL 1835321

seaward" of a coastal construction control line.[2] § 161.053(2)(a), Fla. Stat. (2004). Coastal construction
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Pace v. Bd. of Adjustment, 492 So. 2d 412 (Fla. 4th DCA 1986).

Cited 3 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1513

ordinance is Section 161.053, Florida Statutes (1983). Looking to this statute, section 161.053(1) expresses
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McNulty v. Town of Indialantic, 727 F. Supp. 604 (M.D. Fla. 1989).

Cited 3 times | Published | District Court, M.D. Florida | 20 Envtl. L. Rep. (Envtl. Law Inst.) 20636, 1989 U.S. Dist. LEXIS 15679, 1989 WL 158483

...coastal areas perform valuable protective functions for public and private property and that placement of permanent structure in these protective areas may lead to increased risks to life and property and increased cost to the public...." Fla.Stat. § 161.53 (1985)....
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Fisher v. Salazar, 656 F. Supp. 2d 1357 (N.D. Fla. 2009).

Cited 3 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 91838, 2009 WL 3030736

basis along the sand beaches of the state. Id. at § 161.053(1)(a). Such lines are established "so as to define
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Woodholly v. Dept. of Nat. Res., 451 So. 2d 1002 (Fla. 1st DCA 1984).

Cited 2 times | Published | Florida 1st District Court of Appeal

provides: (1) A coastal construction control line (Section 161.053) is intended to define that portion of the
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Key Biscayne Council v. State, Dep't of Nat. Resources, 579 So. 2d 293 (Fla. Dist. Ct. App. 1991).

Cited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4187, 1991 WL 72069

reasons, we reverse and remand. Pursuant to section 161.053(l)(a), Florida Statutes (1987), the Florida
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State Dept., Nat. Res. v. Sunset Realty, 474 So. 2d 363 (Fla. 1st DCA 1985).

Cited 1 times | Published | Florida 1st District Court of Appeal

setback line in Charlotte County, pursuant to Section 161.053, Florida Statutes (1975). The statute provided
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Leto v. State Dep, 824 So. 2d 283 (Fla. 4th DCA 2002).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1906491

attached dwellings" as classified by appellants. See § 161.053(6)(a)(2), Fla. Stat. (1994). As such, the application
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Capital City Bank v. Dep't of Env't Prot., 176 So. 3d 361 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 14464, 2015 WL 5714613

2009). Here, the Bank argues that requirements in § 161.053(1)(a), Florida Statutes, for special siting and
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Wallace Corp. v. City of Miami Beach, 793 So. 2d 1134 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 12839, 2001 WL 1033585

conditions. See § 161.053(l)(a). As a result, a permit from DEP was required. § 161.053(5), Fla. Stat.
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City of Treasure Island v. Tahitian Treasure Island, LLC, 253 So. 3d 649 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal

Department of Environmental Protection. See generally § 161.053, Fla. Stat. (1971). The legislature's stated
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Amanda Pope & Anastasia, Inc. v. Daniel & Donna Grace, 151 So. 3d 523 (Fla. Dist. Ct. App. 2014).

Published | District Court of Appeal of Florida

At issue is whether DEP’s interpretation of section 161.053(11)(b), Florida Statutes, which exempts “activities”
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St. Joseph Land & Dev. Co. v. Florida Dep't of Nat. Resources, 596 So. 2d 137 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2800, 1992 WL 51254

storm waves, or other predictable weather. Section 161.053(l)(a), Florida Statutes. The Department establishes
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Adena Testa, individually & as co-Tr. of the Michael David Testa Revocable Trust v. Town of Jupiter Island & Dolphin Suite, LLC (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

properties . . . .” § 161.053(1)(a), Fla. Stat. (2023). To that end, section 161.053 requires that an owner
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Hillsboro-Windsor Condo. Ass'n v. Dep't of Nat. Resources, 418 So. 2d 359 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20820

construction control line permit pursuant to Section 161.053, Florida Statutes since the Broward County
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State, Dep't of Env't Prot. v. Beach Grp. Investments, LLC, 201 So. 3d 679 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11735

waves, or other predictable weather conditions.” § 161.053(l)(a), Fla. Stat. Once a CCCL is established,

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