DAVE RAUSHKOLB:
Customary use shouldnʼt
require defending
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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.
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Replies
64
Beach Fanatic
It's legally Vizcaya' s beautiful beachfront property; not "ours". If uninvited people would respect property rights and not expect rights they do not have - property owners may be more willing to share but that is the owners legal option and if you do not respect that, there are legal consequences - if dutifully enforced.
Emotional ignorance of the facts and law, the vilification of lawful property rights, and self-righteous commissioners and public are the ones creating the misinformation that is the cause of this problem and why the Florida legislature created HB631 now the Florida Statute 163.035 that defines due process rights for property owners BEFORE a local government unilaterally declares private property right of private enjoyment is null and void.
Vizcaya has two public “Beach Access Easements” they own on both sides of their private beachfront property. By definition “Beach Access Easement – the right for neighboring residents to access a public beach, even if the access crosses private property.”
Easement - Definition, Types, Processes and Examples
I’m no attorney but I can educate myself with a little effort. So unless there is some other legal document describing otherwise. The beach access easement is a Right-of-Way to the public beach - which is the beach foreshore seaward of Vizcaya MHWL property boundary. There are no public rights to occupy an easement; just cross it. Ask TDC beach operations Brian Kellenberger. Brian@visitsouthwalton
Maybe I'm wrong about the law but you need to prove it with facts and not emotional ignorance. The blame for this mess is squarely the Walton Commissioners for failing to manage growth in Walton County and now want a quick fix at private property owner's expense.
Walton commissioners and TDC have intentionally not informed the public of the beachfront private property fee simple or easements right-of way rights or that 75% of Walton beaches are private beaches the public must respect. Assistant State Attorney, Greg Anchors, and Walton Sheriff have made political decisions and failed in their duties to enforce the law in affect today and should be held accountable.
I do not blame Vizcaya for hiring security guards to protect their lawful property rights; Constitutional officers of Florida and Walton County won’t.
View attachment 71412 View attachment 71413
" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.
They hold stake until sunset rented or not...
This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!
Beach Fanatic
" 75% of Walton beaches are private beaches the public must respect ",I read a suggestion that allows tents/canopies in the back row, vendor set ups forward of the tent/canopy area, and the public with traditional beach umbrellas (or no shade structure) at the front. Nothing disallowed, just positioned to maximize the minimalist public users. Thoughts?
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.
They hold stake until sunset rented or not...
This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!
Beach Comber
" 75% of Walton beaches are private beaches the public must respect ",Cou
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.
They hold stake until sunset rented or not...
This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!
Beach Fanatic
" 75% of Walton beaches are private beaches the public must respect ",
So that leaves 25% for the public and all non Gulf front tourists...BUT, the BCC has given 50% of that away to the Beach Vendor Mafia who claim the free beach as theirs at 6:00am ish daily.
They hold stake until sunset rented or not...
This is what has really ruined everything!!! because beach goers at 10:00am want to be able to watch their children in the water so they SPREAD OUT east or west looking a FREE spots to sit close to the water..not 4 or 5 rows behind the Mafia's empty setups...make!!!! The BCC must make the Mafia setup 20' off the wet sand and the public will fill in up front (coming and going all day) instead of searching the 75% of private beaches to sit on.. Ask PCB!
Heck, I think the Customary Use advocates AND the beachfront property owners have a common grievance against the beach chair rental mafia! I know they’re probably considered part of the “tourist economy,” but they are not there in the interest of the locals nor many of the tourists and frequent tourists. My family always brings our own chairs and want to set up pet our own preferences whether it’s on a state park beach, regional beach access, or at a complex where we’re staying. We’ve experienced chair rental agencies taking priority over other condo guests with UNRENTED set-ups as well as public beach accesses and had words with them for crowding us out.
Beach Fanatic
Excellent points on the ill effects of marketing a limited asset which is already saturated with visitors. Seaside's largest, central beach access -- about 30% of SS's total beach -- is and has always been open to the public (including the dry sand). Seaside haters don't seem to acknowledge this. The privately owned SS residential beaches, for which owners paid steep premiums for dry sand the county recorded as non-public, flank the SS public beach The human detritus left daily on the public portion -- hypodermic needles, condoms, animal waste, trash -- is only one reason why the homeowners will maintain their property in its private, deeded private, state. Parking: Seaside is already WAY overcapacity, so that's not a possibility. There is, however, the large county lot adjacent on the west border of SS and parking if it can be found in the business areas and along 30-A in SS.
And I now understand that Seaside opens up its “central” beach area as “public,” but if “public beach” is the claim of customary use advocates along the rest of Walton County’s 30A coastline, then why isn’t it also the claim along Seaside’s other 70%, or in Rosemary, Alys, the various Watersound communities, or Watercolor? It seems that the main target of that claim is smaller communities like Vizcaya or individual homes.
Beach Fanatic
And I now understand that Seaside opens up its “central” beach area as “public,” but if “public beach” is the claim of customary use advocates along the rest of Walton County’s 30A coastline, then why isn’t it also the claim along Seaside’s other 70%, or in Rosemary, Alys, the various Watersound communities, or Watercolor? It seems that the main target of that claim is smaller communities like Vizcaya or individual homes.
The claim is that areas with private access are different. If all the beaches have been customarily used, maybe the private accesses should also be open to the public. Effectively those communities have taken away access to the customarily used beaches. BTW, I am not advocating anything, just pointing out the irony.
Beach FanaticAuthor
I have no problem with Dave making money at either a public or private beach in SoWal. And also have him advocate for us all to have the right to use our beaches as we have for generations.
Anyone trying to make an argument about his business is grasping for straws.
...only Paper straws
Beach FanaticAuthor
Excellent points on the ill effects of marketing a limited asset which is already saturated with visitors. Seaside's largest, central beach access -- about 30% of SS's total beach -- is and has always been open to the public (including the dry sand). Seaside haters don't seem to acknowledge this. The privately owned SS residential beaches, for which owners paid steep premiums for dry sand the county recorded as non-public, flank the SS public beach The human detritus left daily on the public portion -- hypodermic needles, condoms, animal waste, trash -- is only one reason why the homeowners will maintain their property in its private, deeded private, state. Parking: Seaside is already WAY overcapacity, so that's not a possibility. There is, however, the large county lot adjacent on the west border of SS and parking if it can be found in the business areas and along 30-A in SS.
Um, hypodermic needles, condoms, animal waste? I've been there 32 years and never heard of those items being found on the town center beaches. Written as though the lowly public beach users are drug and sex addicts with stray dogs. That's laughable. Trash perhaps but there are plentiful garbage facilities at the base of all the downtown beach accesses. Cmon Arthur cut the exaggerations.
Skunky
Excellent points on the ill effects of marketing a limited asset which is already saturated with visitors. Seaside's largest, central beach access -- about 30% of SS's total beach -- is and has always been open to the public (including the dry sand). Seaside haters don't seem to acknowledge this. The privately owned SS residential beaches, for which owners paid steep premiums for dry sand the county recorded as non-public, flank the SS public beach The human detritus left daily on the public portion -- hypodermic needles, condoms, animal waste, trash -- is only one reason why the homeowners will maintain their property in its private, deeded private, state. Parking: Seaside is already WAY overcapacity, so that's not a possibility. There is, however, the large county lot adjacent on the west border of SS and parking if it can be found in the business areas and along 30-A in SS.
Why are the Seaside owners so into shooting smack and screwing on the public beach?
Beach Fanatic
Has anyone noticed on that deed he just posted that the bottom property line says "approximate Mean High Water Line" and has a date of 1991 ...read that again ...1991.... That means they DO NOT have a current survey and DO NOT know where the MHWL is... They cannot prove that anyone is trespassing if they dont know where the line is. The state of Florida owns all land seaward of that line.
Beach Fanatic
I may not be the smartest one to have an opinion here but if I can figure out a solution to this I should be getting paid as much as the lawyers hired by our county (feel free to toss $$ my way)..I propose that the TDC dig into those billions of dollars of bed tax $$$ and get a current TOPO survey done on ALL public beach accesses. This will put to rest where the MHWL is at a bunch of different places along 30A (doesnt matter west of Topsail because those beaches have been renourished). The sheriffs department would then have a reference point as to where private property ends and state owned beaches start. You can usually see from one public access to the other so a general sight line should suffice when responding to a trespass complaint. Seems like it would cut down on alot of the BS..They might even HAVE current surveys laying around that they could start with since they just bought a couple of beachfront parcels.
Beach Lover
Beachfront property owners should have those surveys, from maybe 2015/2016 though, because of the Sheriff ‘s SOP in May 2015.
Beach Crab
GOV. SCOTT TAKES EXECUTIVE ACTION TO PROTECT ACCESS TO FLORIDA BEACHES
Gov. Scott Takes Executive Action to Protect Access to Florida Beaches | Walton County Sheriff's Office, FL
Gov. Scott Takes Executive Action to Protect Access to Florida Beaches | Walton County Sheriff's Office, FL
Beach Fanatic
“Last session, HB631 was passed with overwhelming support from both Democrats and Republicans,” Scott continued. “Unfortunately, the legislation has now created considerable confusion and some have even interpreted it as restricting beach access. I’m committed to keeping our beaches open to the public and this executive order makes this commitment clear. Today, I am ordering the Department of Environmental Protection to do everything in their power to advocate to keep our beaches open and public.”
“Also, I am putting a moratorium on any new state regulation that could inhibit public beach access and also urging local government officials to take similar steps to protect Floridians’ access to the beach.”
“Also, I am putting a moratorium on any new state regulation that could inhibit public beach access and also urging local government officials to take similar steps to protect Floridians’ access to the beach.”
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