Customary use of the beach

[jack S]

Customary use of the Beach

This email is about the beach customary use. This is a statement made by the sheriffs dept. in the walton sun;
"Most public beach accesses are nestled between private properties. Beachgoers should stay within the easement of the dune walkover to set up on the dry beach. Along Scenic 30A, beachgoers who wish have beach set ups outside of these areas must be on the wet sand."
The city of Destin , one month ago, on 13 June 2007 filed an amicus brief in the case of wright v Reed. Destins position is "Free and open use of the beaches undoubtedly preceded even the designation of Florida as a territory of the United States of America.It is difficult to imagine a time when the public did not freely use the beaches of this state for traditional forms of beach recreation."
"While the actual right of customary use should properly include the entire beach up to the line of the first dune or line of vegetation"
The sheriff uses a 20 foot rule of thumb to resolve disputes.
They base that on the 2002 AG opinion. Shouldn't our county attorney look at this brief and decide on an enforcement policy? I do not believe that the sheriff should be creating enforcement policy that might be contrary to law!
CONTACT THE COMMISSIONERS To get them to act now and obtain a legal enforcement policy!!!!
Commissioner Brannon brascott@co.walton.fl.us
Commissioner Pridgen prikenneth@co.walton.fl.us
Commissioner Larry Jones jonlarry@co.walton.fl.us
Commissioner Sara Comander comsara@co.walton.fl.us
Commissioner Cindy Meadows meacindy@co.walton.fl.us
​

panhandle@surfrider.org ? Florida Panhandle Surfrider

 

[BeachSiO2]

Customary use of the Beach

This email is about the beach customary use. This is a statement made by the sheriffs dept. in the walton sun;

"Most public beach accesses are nestled between private properties. Beachgoers should stay within the easement of the dune walkover to set up on the dry beach. Along Scenic 30A, beachgoers who wish have beach set ups outside of these areas must be on the wet sand."
The city of Destin , one month ago, on 13 June 2007 filed an amicus brief in the case of wright v Reed. Destins position is "Free and open use of the beaches undoubtedly preceded even the designation of Florida as a territory of the United States of America.It is difficult to imagine a time when the public did not freely use the beaches of this state for traditional forms of beach recreation."
"While the actual right of customary use should properly include the entire beach up to the line of the first dune or line of vegetation"
The sheriff uses a 20 foot rule of thumb to resolve disputes.
They base that on the 2002 AG opinion. Shouldn't our county attorney look at this brief and decide on an enforcement policy? I do not believe that the sheriff should be creating enforcement policy that might be contrary to law!
CONTACT THE COMMISSIONERS To get them to act now and obtain a legal enforcement policy!!!!
Commissioner Brannon brascott@co.walton.fl.us
Commissioner Pridgen prikenneth@co.walton.fl.us
Commissioner Larry Jones jonlarry@co.walton.fl.us
Commissioner Sara Comander comsara@co.walton.fl.us
Commissioner Cindy Meadows meacindy@co.walton.fl.us​

panhandle@surfrider.org ? Florida Panhandle Surfrider

While I agree that conversations between the County and Sherrifs Department could and should occur, there is only one person that sets policy for the Sheriff's department and that is the Sheriff. In Florida, it is my understanding that the Sheriff answers to the Governor, not the BCC. I also believe that the Sheriff's department has their own attorney. So, maybe questons should be asked of the Sheriff's Department also.

 

[greenroomsurfer]

We all know the Sheriff has his motive to protect his budget. It's amazing what they will and will not enforce in this county. The line of demarcation is the mean high water mark (separates county from state) the only problem is that the Sheriff's DEPT. doesn't have a clue where they have jurisdiction. On Mr Beach's note I have called the county commissioner's many times so that they could make the call for them (every 4th of July). The commissioner's can even make the call when the sheriff's office won't respond to code enforcement and DEP issues

 

[BeachSiO2]

We all know the Sheriff has his motive to protect his budget. It's amazing what they will and will not enforce in this county. The line of demarcation is the mean high water mark (separates county from state) the only problem is that the Sheriff's DEPT. doesn't have a clue where they have jurisdiction. On Mr Beach's note I have called the county commissioner's many times so that they could make the call for them (every 4th of July). The commissioner's can even make the call when the sheriff's office won't respond to code enforcement and DEP issues

I'm confused by your post. Are you saying that the County Commission can tell the beach patrol what to enforce? In this case, that would be great (IMO) because I believe they would tell them to be flexible like in Destin. I just thought the Sheriff was on his own in this case. Now, Code Enforcement answers to the County but they don't get involved. This seems to me like this is a Sheriff's only issue, and isn't he up for re-election

 

[greenroomsurfer]

Usually I don't agree with ya Mr Beach sio but good point on the re-election part. The sheriff seems to interpret laws the way he wants to. Of course 9 times out of 10 he appears to be clueless. My other gripe is that there are bigger fish to fry. We have ton's of meth labs, illegal drugs and people etc. The sheriff wants to ruin the mainstay of the county, tourism.

 

[greenroomsurfer]

Check out our Myspace page, http://www.myspace.com/floridapanhandlesurfrider There are more of us than you folks think!

 

[BeachSiO2]

Usually I don't agree with ya Mr Beach sio but good point on the re-election part. The sheriff seems to interpret laws the way he wants to. Of course 9 times out of 10 he appears to be clueless. My other gripe is that there are bigger fish to fry. We have ton's of meth labs, illegal drugs and people etc. The sheriff wants to ruin the mainstay of the county, tourism.

I understand and it was good seeing you the other night. I also hope we have some leadership for all of our sakes as it is definitely needed and I believe here is a good place to start!

By the way, I am not sure how anything I have posted is adverse to the surfers considering the issues you are fighting for are very similar if not identical to what I believe, but I look forward to learning!!

 

[Bobby J]

Jack,
Thanks for posting this thread. I duped it on another and posted it on the "led away in handcuff" thread. opps!

 

[jack S]

While I agree that conversations between the County and Sherrifs Department could and should occur, there is only one person that sets policy for the Sheriff's department and that is the Sheriff. In Florida, it is my understanding that the Sheriff answers to the Governor, not the BCC. I also believe that the Sheriff's department has their own attorney. So, maybe questons should be asked of the Sheriff's Department also.

I would think that the county and the sheriff would be on the same side! aren't they all public servants? Shouldn't they all be interested in the publics safety, welfare, and RIGHTS?

 

[BeachSiO2]

I would think that the county and the sheriff would be on the same side! aren't they all public servants? Shouldn't they all be interested in the publics safety, welfare, and RIGHTS?

I agree that they should be on the same side, but if you haven't kept up with it in the paper, they have often not been. Here's two quick examples- the jail, and this years budget. Actually you can throw in last year's budget also. Once again, I point out that the County Commission has no authority to tell the Sheriff ho wto handle this issue. It appears that the Sheriff is only listening to the Attorney General. Maybe this should be a question that all candidates for Sheriff are asked in the coming year?