construction activities seaward of such line. Special siting and design considerations are 

 necessary seaward of the CCCL to ensure the protection of the beach-dune system, proposed or 

 existing structures, and adjacent properties, as well as the preservation of public beach access. 



In 1980, Chapter 161.053, F.S. was amended by adding any coastal construction control line 

 that has not been updated since June 30, 1980, shall be considered a critical priority for 

 reestablishment by the department. The CCCL in Brevard County was reestablished in 

 March 1986 to a more landward location that better represents the zone subject to the 100-year 

 storm surge. 



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In 1987, Chapter 161.57, F.S. was added by the Florida Legislature. This provision requires 

 that purchasers of interests in real property located in coastal areas partially or totally seaward of 

 the CCCL be apprised of the character of the regulation of the real properly in such coastal areas 

 and, in particular, that such lands are subject to frequent and severe fluctuations. 



Prior to construction of a beach restoration or beach nourishment project, the State of Florida 

 requires that an ECL be established (Chapter 161.141, F.S.). Upon the filing of a resolution of 

 the Florida Board of Trustees of the Internal Improvement Trust Fund and the recording of the 

 survey showing the location of the ECL (pre-Project MHWL for the area to be restored), title to 

 all lands seaward of the ECL shall be deemed to be vested in the State by right of its sovereignty, 

 and title to all land landward of such line shall be vested in the riparian upland owners (Chapter 



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161.191, F.S.). 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, the provisions of Chapter 161.191, F.S. shall cease to be 

 operative as to the affected upland (Chapter 161.21 1, F.S.). 



161.57, F.S. Coastal properties disclosure statement. (1) The Legislature finds that it is necessary to ensure that the 

 purchasers of interests in real property located in coastal areas partially or totally seaward of the coastal construction control 

 line as defined in S. 161.053 are fully apprised of the character of the regulation of the real property in such coastal areas 

 and, in particular, that such lands are subject to frequent and severe fluctuations. (2) Unless otherwise waived in writing by 

 the purchaser, at or prior to the closing of any transaction where an interest in real property located either partially or totally 

 seaward of the coastal construction control line as defined in S 161.053 is being transferred, the seller shall provide to the 

 purchaser an affidavit, or a survey meeting the requirements of Chapter 472, delineating the location of the coastal 

 construction control line on the property being transferred. 



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161.191, F.S. Vesting of title to lands (1) Upon the filing of a copy of the board of trustees' resolution and the recording 

 of the survey showing the location of the erosion control line and the areas of beach to be protected as provided in 

 S. 161.181, title to all lands seaward of the erosion control line shall be deemed to be vested in the state by right of its 

 sovereignty, and title to all lands landward of such line shall be vested in the riparian upland owners whose lands either abut 

 the erosion control line or would have abutted the line if it had been located directly on the line of mean high water on the 

 date the board of trustees' survey was recorded. 



2-16 Chapter 2 Background 



