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“We are pleased with today’s opinion from the Florida Supreme Court which upholds the constitutionality
of the Beach and Shore Preservation Act. The court’s opinion reflects that the Beach and Shore Preservation
Act implements the State’s constitutional duty to protect Florida’s beaches, and achieves a reasonable
balance between public and private interests in the shore.”
# # #
TIMELINE
1995: The City of Destin’s and Walton County’s Gulf of Mexico beaches were
identified by the Florida Department of Environmental Protection (DEP) as
critically eroded. The City and County then initiated a beach restoration
project covering 6.9 miles, which includes extensive studies and project
construction design.
JULY 30, 2003: The City and County applied for a Joint Coastal Permit and
Authorization to Use Sovereign Submerged Lands.
JULY 15, 2004: DEP issued a Notice of Intent to Issue the permit.
JANUARY 28, 2004 and FEBRUARY 3, 2004: Two groups, Save Our Beaches, Inc. and Stop the
Beach Renourishment, Inc., filed petitions for a formal administrative hearing challenging issuance
of the permit. Stop the Beach Renourishment also filed a petition challenging the Erosion Control
Line established by the Board of Trustees of the Internal Improvement Trust Fund in conjunction
with the proposed beach restoration project, but later amended its petition to abandon this
challenge. The Erosion Control Line established the line between state-owned land below mean
high water and privately-owned land above mean high water.
SEPTEMBER 27, 2004: The two cases were consolidated for administrative
hearing.
JUNE 7, 2005: The administrative hearing addressed whether the City of Destin
and Walton County gave reasonable assurances that applicable water quality
standards will not be violated.
JUNE 30, 2005: The Administrative Law Judge’s recommended order found that
Destin and Walton County gave reasonable assurances that the applicable water
quality standard will not be violated, and recommended that DEP issue the
permit.
JULY 27, 2005: DEP signed a Final Order issuing the permit and accompanying
authorization. The petitioners appealed.
APRIL 28, 2006: The First District Court of Appeals issued an opinion
disagreeing with the Department’s decision, stating that the permit and erosion
control line were invalid and that a taking of riparian rights had occurred. The
First District Court of Appeal denied DEP's Motion for Rehearing, but certified
a question of great public importance to the Florida Supreme Court. The
Department requested that the Florida Supreme Court grant discretionary review
of the First District Court of Appeal's decision, based on the certified
question and conflict with another Florida Supreme Court decision.
APRIL 19, 2007: The Florida Supreme Court accepted discretionary review of
the district court’s decision, and the case was fully briefed, with oral
argument held on April 14, 2007.
SEPTEMBER 29, 2008: The Florida Supreme Court issued an Opinion holding that
the Beach and Shore Preservation Act achieves a reasonable balance between
public and private interests. Further, the Act, on its face, does not
unconstitutionally deprive upland owners of property rights without just
compensation when the state is restoring beaches under the Act. | 
2012 State of Florida