1. Trouble logging in? Send a message with your username & email address for help.
    Dismiss Notice

Dave Raushkolb: Customary Use Shouldnʼt Require Defending

Discussion in 'Local Government and Groups' started by Dave Rauschkolb, Jun 28, 2018.

  1. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach
    DAVE RAUSHKOLB:

    Customary use shouldnʼt

    require defending

    Most Popular Our Picks

    Hide caption

    Beachgoers enjoy the sun and sand at Miramar Baeach

    near the Whaleʼs Tail restaurant. [FILE PHOTO/DAILY

    NEWS]

    By Dave Rauschkolb | Guest columnist

    Posted Jun 24, 2018 at 10Q00 AM Updated

    Jun 27, 2018 at 12Q52 PM

    This is fundamental; our beaches are the

    prime attraction in Florida. They are the

    principal reason most of us live here and why

    most people choose to vacation here with

    their families. This is a case where stating an

    obvious truth is essential. Privatizing any

    beach in Florida is an attack on the economic

    well being of beach communities and our

    quality of life. I believe beach access and use

    should be sacred and protected.

    This overreaching and arbitrary legislation will

    allow for American citizens to be forcibly

    removed for trespassing from so called,

    “private beaches.” We must all take heed

    because a very slippery slope has begun. Any

    Coastal beach town in Florida could be next.

    One may ask, how do you defend customary

    use in the face of “private owners?” I shake

    my head in disbelief that this even needs

    defending. For me, it is like someone stating

    “the oxygen above my home is private and

    mine alone.”

    Since humans have walked the earth our

    beaches have been a shared resource used

    for fishing, recreation, travel, access and play.

    All the beaches of Florida have been

    uninterrupted in their human use for many

    centuries. This doctrine of “customary use”

    gives all of us reasonable access and

    enjoyment on our beaches. Up until a few

    years ago this was never in question. So now,

    suddenly, after hundreds of years of use,

    beachfront owners of Walton County and the

    Legislature are allowed to say no? I beg to

    differ, and we all should.

    Frankly, I find the notion of a “private beach” a

    foreign concept; an oxymoron. I donʼt think

    this is an extreme view at all, and I believe

    most people agree. When someone

    purchases a beachfront home, they risk the

    wrath of hurricanes, but the reward is the

    view and a shorter walk to the beach than

    most of us. Thatʼs it.

    Much of the problem of use and access stems

    from complaints of bad behavior behind

    peopleʼs homes. In deference to beachfront

    homeownersʼ complaints, I agree that certain

    unsavory activities that may occur on the

    beaches must be regulated. The proper

    enforcement of laws should be all the

    insurance beachfront owners need to ensure

    peaceable, beach activities behind their

    homes. Simple law and order already regulate

    beaches all over the world.

    It is critical that the sandy areas of Floridaʼs

    beaches are open for all to enjoy; our touristdriven

    economy is dependent on this

    perception and reality. Any threat to beach

    use is a threat to our local and statewide

    economy. Perception is everything when it

    comes to peopleʼs decision to choose a

    tourist destination or a property purchase. If

    they know a beach is not easily accessible or

    usable, they will be less apt to book or

    purchase property. Would you? Private

    beaches are in direct opposition to the image

    and perception of Florida as both a tourist

    destination and a quality place to live.

    Beginning July 1, some county beach access

    bordered by “private property” will only allow

    someone to walk to the water and set up a

    beach chair on a 10 foot strip of sand. You

    may walk along the water in the wet sand but

    you could be arrested for stopping on the

    wrong beach. This is wrong on so many

    levels. “No trespassing” signs and ropes are

    showing up everywhere already. A simple,

    conflict-free, fun day at the beach with your

    kids is now at risk. I think it is terrible. As a

    father of two young children and a business

    owner in South Walton County for 32 years, I

    take that loss of quality of life and risk to our

    economy very seriously.

    Customary use, which is the law of the sand in

    Hawaii, Oregon and Texas, grants permanent

    public access based on ancient, peaceful,

    uninterrupted and reasonable use of the

    beach by the public. One would hope Florida

    could adopt a similar law. We should work

    together to follow these 3 other Stateʼs lead

    and make all of Floridaʼs beaches a shared

    resource for all of us in perpetuity.



    Sign up for daily e-mail

    Wake up to the dayʼs top news, delivered to

    your inbox

    Most Popular Stories

    Trending Articles
     

    Attached Files:

  2. kurt

    kurt Admin Staff Member

    Joined:
    Oct 15, 2004
    Messages:
    7,029
    Likes Received:
    3,665
    Location:
    SoWal
    Excellent piece Dave! Thanks for sharing. What are the details for the beach walk July 1?
     
  3. beachmax

    beachmax Beach Comber

    Joined:
    Mar 29, 2017
    Messages:
    24
    Likes Received:
    4
    Location:
    30-A
    i guess as a person that benefits financially from the throngs of tourists you would have that opinion. The explosive, lightly regulated growth that South Walton has experienced over the last thirty years or so has taken place without customary use so the inflammatory talk of an economic disaster is way out of bounds. Customary use is being pursued so that large developers can activate their inland holdings and bus people to the beach. Think St Joe's Latitude Margaritaville on the bay with 25,000 families. As Walton County is the only county pursuing Customary Use all of the throngs will come here. It seems like more discerning counties care about their citizens more than just the tourists. The 30-A quality of life is already greatly diminished even without Customary Use so why would anyone want to continue the destruction of any remaining uniqueness of South Walton? I guess grubbing for more money is the only thing some people care about.
     
    • Agree Agree x 4
    • Like Like x 1
    • Best Post Ever Best Post Ever x 1
    • List
  4. lazin&drinkin

    lazin&drinkin Beach Lover

    Joined:
    Apr 13, 2010
    Messages:
    138
    Likes Received:
    43
    By Dave Rauschkolb | Guest columnist

    Posted Jun 24, 2018 at 10Q00 AM Updated

    Jun 27, 2018 at 12Q52 PM

    This is fundamental; our beaches are the

    prime attraction in Florida. They are the

    principal reason most of us live here and why

    most people choose to vacation here with

    their families. This is a case where stating an

    obvious truth is essential. Privatizing any

    beach in Florida is an attack on the economic

    well being of beach communities and our

    quality of life. I believe beach access and use

    should be sacred and protected.

    This overreaching and arbitrary legislation will

    allow for American citizens to be forcibly

    removed for trespassing from so called,

    “private beaches.” We must all take heed

    because a very slippery slope has begun. Any

    Coastal beach town in Florida could be next.

    One may ask, how do you defend customary

    use in the face of “private owners?” I shake

    my head in disbelief that this even needs

    defending. For me, it is like someone stating

    “the oxygen above my home is private and

    mine alone.”

    Since humans have walked the earth our

    beaches have been a shared resource used

    for fishing, recreation, travel, access and play.

    All the beaches of Florida have been

    uninterrupted in their human use for many

    centuries. This doctrine of “customary use”

    gives all of us reasonable access and

    enjoyment on our beaches. Up until a few

    years ago this was never in question. So now,

    suddenly, after hundreds of years of use,

    beachfront owners of Walton County and the

    Legislature are allowed to say no? I beg to

    differ, and we all should.

    Frankly, I find the notion of a “private beach” a

    foreign concept; an oxymoron. I donʼt think

    this is an extreme view at all, and I believe

    most people agree. When someone

    purchases a beachfront home, they risk the

    wrath of hurricanes, but the reward is the

    view and a shorter walk to the beach than

    most of us. Thatʼs it.

    Much of the problem of use and access stems

    from complaints of bad behavior behind

    peopleʼs homes. In deference to beachfront

    homeownersʼ complaints, I agree that certain

    unsavory activities that may occur on the

    beaches must be regulated. The proper

    enforcement of laws should be all the

    insurance beachfront owners need to ensure

    peaceable, beach activities behind their

    homes. Simple law and order already regulate

    beaches all over the world.

    It is critical that the sandy areas of Floridaʼs

    beaches are open for all to enjoy; our touristdriven

    economy is dependent on this

    perception and reality. Any threat to beach

    use is a threat to our local and statewide

    economy. Perception is everything when it

    comes to peopleʼs decision to choose a

    tourist destination or a property purchase. If

    they know a beach is not easily accessible or

    usable, they will be less apt to book or

    purchase property. Would you? Private

    beaches are in direct opposition to the image

    and perception of Florida as both a tourist

    destination and a quality place to live.

    Beginning July 1, some county beach access

    bordered by “private property” will only allow

    someone to walk to the water and set up a

    beach chair on a 10 foot strip of sand. You

    may walk along the water in the wet sand but

    you could be arrested for stopping on the

    wrong beach. This is wrong on so many

    levels. “No trespassing” signs and ropes are

    showing up everywhere already. A simple,

    conflict-free, fun day at the beach with your

    kids is now at risk. I think it is terrible. As a

    father of two young children and a business

    owner in South Walton County for 32 years, I

    take that loss of quality of life and risk to our

    economy very seriously.

    Customary use, which is the law of the sand in

    Hawaii, Oregon and Texas, grants permanent

    public access based on ancient, peaceful,

    uninterrupted and reasonable use of the

    beach by the public. One would hope Florida

    could adopt a similar law. We should work

    together to follow these 3 other Stateʼs lead

    and make all of Floridaʼs beaches a shared

    resource for all of us in perpetuity.



    You cite 3 states which have and 1 county that seeks CU. You omit the states with ocean coast which do not have CU.

    CA, WA, AK, MS, AL, FL, GA, SC, NC, VA, MD, DE, NJ, MD, DE, NJ, NY, RI, MA, NH, ME have private beaches and no CU.

    The Great Lakes states of PA, MI, MN, WI, OH also have thousands of miles of beaches and no CU. Let’s not bother with the hundreds of thousands of inland lakes and their private shores.

    You might note there are significant tourist-based economies in all those beach locales, too, and they have prospered despite operating under the strictures of the Constitution and Bill of Rights, just as Walton County has for decades now, despite local government ignoring those rights as is politically convenient.

    Whether selective Socialists (What’s mine is mine and what’s yours is mine, too) agree or not, we do have laws in this country concerning freedom of speech, due process and private property rights, and your views are in direct conflict with those fundamental rights of every citizen.

    As you see it, the courts, the Legislature, and the Governor of FL are all wrong and you are right? Many thousands of us, beachfront and non-beachfront owners alike, disagree with you. We have abided by the law and will continue to do so because that is our responsibility that accompanies those rights. Were we to disregard that responsibility, we would be trampling on your rights just as you wish to trample willfully and unlawfully on those who own on the beach.

    Having prospered financially for decades without CU, you and a few others espouse greed and lawlessness while making statements that conflict with objective reality. Walton has prospered and will continue to do so despite the agendas you espouse and align yourself with.

    As a matter of law, you are wrong. As a matter of logic, you are wrong. As a matter of ethics and manners, you are wrong. And as the list of states above indicates, you are in the very small minority in this country on this issue.

    And by the way, I’m not a beachfront owner. I’m just an American who honors his duty to his country and his fellow man, who believes in and respects the laws as set forth in our Constitution and Bill of Rights (with the occasional exception of a speed limit here and there), and who accordingly respects the rights of others. Our country became the greatest in the history of the planet because of our laws and system of government, however imperfect they may be.

    The rights enumerated above are the foundation of our republic, and they were established specifically in reaction to the rule of plutocrats and monarchs in England where those rights did not exist except where specifically granted by the Lords of the Manor or the King. As a man who has prospered greatly under our, in your ever so selective view, execrable system, you espouse mob rule? I’m sorry. You are wrong, just as the plutocrats of old were.

    You and others have prospered because America rejected your premise then. The State of Florida has provided you a legal avenue to pursue what you see as your divine right. It has outlawed your past and proposed invasions and takings of the property of others as you propose. Feel free to pursue legal remedies for the injustice you perceive, but enough of this mob rule BS.
     
    • Like Like x 2
    • Agree Agree x 2
    • List
  5. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach
    Talk the Talk and Walk the Walk. Join me this Sunday for a peaceful walk on OUR beaches. 8:30 from Camp Helen State park (park opens at 8:00) and 9:30 from Topsl Hill State Park (Park opens at 9:00 arrive at 8:45 to catch the tram.). Or join in as we walk at any beach access. We will be walking at 2 miles per hour so its easy to calculate where we will be. 11 miles from Camp Helen & 6 miles from Topsl. Arrive between 2 & 3 at the Western Lake outflow at Grayton then Margaritas or a soda at Red Bar. Walk in the wet sand at the waters edge if marked "private", walk in the dry sand if not. Obey the law, avoid confrontations and have fun and enjoy OUR beaches as we have for centuries. Defend our right to use our beaches and support Customary Use. Cool off in the Gulf as you go!

    A walk on the beach for Customary USE-Stand your sand July 1st

    35923001_10216821043427290_804101135752232960_o.jpg
     
  6. EZ4144

    EZ4144 Beach Lover

    Joined:
    Aug 6, 2005
    Messages:
    66
    Likes Received:
    10
    Very rude.

    I feel the beach should be open to all its not about money. If anything is grubby its trying to keep people off a beach. Any beach
     
  7. Everytime

    Everytime Beach Fanatic

    Joined:
    Jul 9, 2005
    Messages:
    404
    Likes Received:
    81
    Location:
    Shelby County, Alabama
    Is it possible that the area is being over-marketed and over-developed?

    When county commissioners, tourism officials and local business owners start talking about the need for another north-south access road cutting through a pristine state forest alongside wetlands and several osprey nests in order to alleviate traffic, I guess it’s too late to realize that all of the heavy traffic may be due to too much high-density development between 30A and Choctawhatchee Bay.

    And that over-development of high density residential/rental areas leads to more and more people on the beaches - beaches which are a limited resource especially in the areas with dedicated public parking and public access, therefore you are going to have inland renters (and residents) faced with crowded, territorial beaches when they come to sit on a towel or to set up a bunch of chairs/umbrellas/tents in adjacent spillover areas in front of private homes/communities.

    How did restaurants and local businesses survive before TDC marketing was geographically expanded to every market that had an airport connecting to ECP? Many of the local restaurants (which my family and I enjoy and support) have had 2-hour waits at notable restaurants during peak season for 10-15 years, but I’m hearing that some of them want more high density development, they want Hampton Inn by Eastern Lake, they want it to be “more like Destin or PCB.” Why?

    I do know that the state park beaches are some of the most beautiful, unspoiled beaches in the area and day use fees have been waived the last few summers. This seems like an option to avoid all of the private beach wars. But what about some of the larger communities along 30A? Would it be possible for Rosemary Beach, Alys Beach, Seaside, Watersound and Watercolor to open up their parking and beach access to the public? This may have been discussed before, so I’m thinking out loud. It seems like most of the property boundary conflicts involve single residence beachfront homeowners and smaller community HOAs.

    I’d love to hear from all sides!
     
  8. boomerang

    boomerang Beach Comber

    Joined:
    May 11, 2015
    Messages:
    32
    Likes Received:
    8
    Thank Huckabee for this ugly war.
     
  9. lazin&drinkin

    lazin&drinkin Beach Lover

    Joined:
    Apr 13, 2010
    Messages:
    138
    Likes Received:
    43
     
  10. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach
  11. Low Brow

    Low Brow Beach Lover

    Joined:
    Jan 13, 2014
    Messages:
    55
    Likes Received:
    8
    I don't see how the customary use argument stands.

    Much of the area around here was wide open. I grew up hunting it, my dad hunted it, my grandfather hunted it, and people before us hunted it. Now, a huge portion of it is houses and developments. Does the customary use argument work for this as well? If not, why? It's the same thing.

    The county has really Fubar'ed this whole thing.
     
    • Like Like x 1
    • Agree Agree x 1
    • List
  12. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach

    You might be right but the courts will decide.
     
  13. FloridaBeachBum

    FloridaBeachBum Beach Lover

    Joined:
    Feb 9, 2017
    Messages:
    146
    Likes Received:
    31
    Location:
    Santa Rosa Beach
    [Dave Rauschkolb is local BEACHFRONT restaurant owner. His business depends on tourist having unfettered access to all private beach property.]

    By Dave Rauschkolb Posted Jun 27, 2018
    DAVE RAUSHKOLB: Customary use shouldn't require defending

    This is fundamental; our beaches are the prime attraction in Florida [60% of "our" Florida beaches are private property]. They [did you not know 60% are private beaches?] are the principal reason most of us live here and why most people choose to vacation here with their families [there are 33 Florida coastal counties that do NOT recognize customary use of private property; Okaloosa County to the west and Bay County to the east of Walton County, and their tourist and rental economy is booming like the rest of Florida]. This is a case where stating an obvious truth [to a judge?] is essential. Privatizing any beach in Florida [By law, fee simple private property is already private. You can not “privatize” private property] is an attack on the economic well being of beach communities and our quality of life [the local economy may be Walton commissioners motive for customary use of private property; but the economy is not a legal criterion of customary use, of the many customary use criteria, for a court to consider]. I believe beach access and use should be sacred and protected. [I believe the authors of the Declaration of Independence held sacred that; “We hold these truths to be self-evident, that ... certain unalienable Rights, ... are Life, Liberty and the pursuit of Happiness.” Key to those unalienable rights, that America fought a war of independence over, are personal freedoms and individual property rights that are protected in the Fifth and Fourteenth Amendments].

    This overreaching and arbitrary legislation [only overreach is by those who do not believe in individual due-process] will allow for American citizens to be forcibly removed for trespassing [as Dave Rauschkolb could on his private property; private property owners have always had the right of private use and enjoyment of their property that they paid for and pay taxes on to the MHWL.] from so called [by courts and law enforcement], “private beaches.” We must all take heed because a very slippery slope has begun [agree, the doctrine of common-law custom is not unique to highly desirable private beachfront property. Custom can be applied to bay front, lake front, river banks, and hunting grounds - without compensation]. Any Coastal beach town in Florida could be next. [ANY private property could be subject next to local government and the public who “deserve” to use private property.]

    One may ask, how do you defend customary use in the face of “private owners?” I shake my head in disbelief that this even needs defending [from a democratic socialist doctrine, probably true]. For me, it is like someone stating “the oxygen above my home is private and mine alone.” [emotional pleas are irrational, one can legally own private property; one can NOT legally own the atmosphere.]

    Since humans have walked the earth our beaches have been a shared resource used for fishing, recreation, travel, access and play [and wars have been fought defending these resources; that’s why we have the rule of law]. All the beaches of Florida have been uninterrupted in their human use for many centuries [Unfettered public use is not customary use. There are many more criteria for customary use; not just one. If any one of the criteria are not met; customary use fails]. This doctrine of “customary use” gives all of us reasonable access and enjoyment on our [only the property owner’s name is on the deed] beaches [at the expense of private property rights; unless it can be proven in court FIRST]. Up until a few years ago this was never in question [Untrue, 2002 the City of Destin tried and withdrew, in 2003 an individual claimed customary use and withdrew, 2016 another individual customary use case on a private parcel withdrew]. So now, suddenly, after hundreds of years of use [the customary use criterion is ANCIENT; not 100 yrs.], beachfront owners of Walton County and the Legislature are allowed to say no? [since July 4, 1776 private property has had and has all the rights upland properties do; and private property owners have said NO] I beg to differ, and we all should [then file a complaint, as the Plaintiff with the burden of proof, in court, with your own money].

    Frankly, I find the notion of a “private beach” a foreign concept; an oxymoron [then purchase property at fair market value and allow whomever you want on your property]. I don’t think this is an extreme view at all, and I believe most people agree [the majority does not rule, nor do local politicians, on minority private property rights; only the courts FIRST]. When someone purchases a beachfront home, they risk the wrath of hurricanes [and disrespectful commissioners and tourist], but the reward is the view and a shorter walk to the beach than most of us. That’s it.

    Much of the problem of use and access stems from complaints of bad behavior behind people’s homes. In deference to beachfront homeowners’ complaints, I agree that certain unsavory activities that may [DO] occur [routinely without consequence] on the beaches must be regulated [When? How?]. The proper enforcement of laws should be all the insurance beachfront owners need [owners are not buying that insurance policy] to ensure peaceable, beach activities behind their homes. Simple law and order already regulate beaches all over the world [are commissioners looking for a quick fix to the over demand for beaches, at the expense of pirate property owners, for commissioners failure to manage growth and tourist behavior that is unreasonable].

    It is critical that the [private] sandy areas of Florida’s beaches are open for all to enjoy; our tourist-driven economy is dependent [like Dave Rauschkolb’s beachfront business] on this perception and reality . Any threat to beach use is a threat to our local and statewide economy [33 FL coastal counties do not have customary use and their economy is booming]. Perception is everything when it comes to people’s decision to choose a tourist destination or a property purchase [if two equal beachfront properties to rent or purchase, one with public customary use and one with all the private property rights every property owner has; which would be more valuable?]. If they know a beach is not easily accessible or usable, they will be less apt to book or purchase property [Beachfront renters pay a premium for their exclusive use of the beach; they could go to the 8 miles of public beaches for free. If the demand exceeds supply, historically people have paid for the privilege to use private beach properties]. Would you? Private beaches are in direct opposition to the image and perception of Florida [is that the private property owners fault?] as both a tourist destination and a quality place to live [TDC $20,000,000 a year marketing does not trump property rights, maybe change the marketing for tourist to respect private property].

    Beginning July 1, some county beach access bordered by “private property” will only allow someone to walk to the water and set up a beach chair on a 10 foot strip of sand [there is NO right to setup chairs and umbrellas in the 10 foot private right-of-way. Typical misinformation; legally below the MHWL the “foreshore” is public property but the Sheriff intends to enforce the “wet sand surf”; not a 10 foot strip of dry sand]. You may walk along the water in the wet sand but you could be arrested for stopping on the wrong beach [not at the Sheriff’s enforced foreshore wet sand]. This is wrong on so many levels. “No trespassing” signs and ropes are showing up everywhere already [as REQUIRED by the Walton Sheriff previous and expected SOP to enforce the law]. A simple, conflict-free, fun day at the beach with your kids is now at risk [if you are not respectful of private property owner’s rights]. I think it is terrible [Private property owners think it is terrible that local government can just declare their property rights null and void like Walton Commissioners did without due process in court FIRST]. As a father of two young children and a [beachfront] business owner in South Walton County for 32 years, I take that loss of quality of life and risk to our economy very seriously [property owners who have to defend their rights in court with their own money, take Constitutional property rights very seriously. Commissioners do not risk their own money; just tax payers’ millions.]

    Customary use, which is the law of the sand in Hawaii, Oregon and Texas, grants permanent public access based on ancient, peaceful, uninterrupted and reasonable use of the beach by the public [That leaves 47 states that do not recognize customary use for beaches and inland lake shores and river banks]. One would hope Florida could adopt a similar law. We should work together to follow these 3 other State’s lead and make all of Florida’s [private] beaches a shared resource for all of us in perpetuity. [One would hope Floridians who own private property, that Americans fought a Revolutionary War to be free of English overlords and customs, who will support and defend the Declaration of Independence and Bill of Rights, continue to RESPECT property rights forever.]
     
  14. FloridaBeachBum

    FloridaBeachBum Beach Lover

    Joined:
    Feb 9, 2017
    Messages:
    146
    Likes Received:
    31
    Location:
    Santa Rosa Beach
    Then why do you make all the emotional pleas, not based in law, fact, or the Constitutional protections?
     
  15. EZ4144

    EZ4144 Beach Lover

    Joined:
    Aug 6, 2005
    Messages:
    66
    Likes Received:
    10
    C'mon dude. Come up with your own letter If your side is right show us you got balls.
     
    • Like Like x 1
    • Dislike Dislike x 1
    • List
  16. Everytime

    Everytime Beach Fanatic

    Joined:
    Jul 9, 2005
    Messages:
    404
    Likes Received:
    81
    Location:
    Shelby County, Alabama
    So perhaps I should ask Dave:

    Could my family and I come and park our vehicle in a public parking space near the beachfront restaurant and then go set up our chairs and umbrellas in front of the beachfront restaurant and spend the day there? Would the beachfront restaurant and its surrounding community allow us to do that even if we are not eating there or staying there?
     
  17. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach

    In a word, YES. The beach behind Bud & Alley's is public. You can set up chairs or rent them and you can use my businesses bathrooms without having to spend a cent. The developer has chosen to make the downtown beach public. The rest of Seaside has private access to the homeowner areas. Come anytime.
     
  18. Dave Rauschkolb

    Dave Rauschkolb Beach Fanatic

    Joined:
    Jul 13, 2005
    Messages:
    765
    Likes Received:
    542
    Location:
    Santa Rosa Beach
    Ha ha. Really, no kidding.
     
  19. Kaydence

    Kaydence Beach Fanatic

    Joined:
    Jan 19, 2017
    Messages:
    1,186
    Likes Received:
    148
    Location:
    Florida
    Sheriff: Sandy Beach Trespassers Will Not Be Arrested

    Walton County, Fla. - Walton County Sheriff Michael Adkinson released a statement Friday announcing that his deputies will not arrest beachgoers who may be trespassing while on the beaches in South Walton.

    Adkinson was forced to respond to the issue after a change in Florida law forces communities to treat all beachfront property like private property.

    Adkinson said the state attorney's office has confirmed that trespassing on a beach would not result in a successful prosecution.


    "From my standpoint, it would be unethical to order my deputies to make an arrest when I know there is no chance of prosecution," he said. "It honestly opens this office to litigation."

    He added that deputies will work with people on both sides of the issue going forward.

    "We're going to do our best to educate people," Adkinson said in a statement released on YouTube. "We're going to do our best to mediate and work with the parties involved."

    You can watch the full statement here:

    Sheriff: Sandy Beach Trespassers will Not Be Arrested
     
  20. beachmax

    beachmax Beach Comber

    Joined:
    Mar 29, 2017
    Messages:
    24
    Likes Received:
    4
    Location:
    30-A
    Your description of the beach being private is proactively misleading. The developer considers the beach private but permits the public to use it at his discretion which may be withdrawn at any time. As the developer has several business on the south side of 30-A and gets a percentage of sales (perhaps 8%) from leased facilities just follow the money.
     

Share This Page