Governor Scott has taken executive action, signing an order calling on counties to not limit access to beaches.
Executive Order 18-202 urges the counties to protect public beach access and directs the Department of Environmental Protection to support the efforts.
“Florida is home to the world’s best beaches," Scott said. "And every Floridian and visitor has the right to fully enjoy our state’s natural resources. Florida beaches belong to all of us, and people from across the world visit Florida because of them – and we are going to keep it that way."
The Executive Order takes the following action to Protect Public Beach Access:
1. The Governor’s executive order imposes a moratorium on executive state agencies adopting any rule or restriction to inhibit the public’s access to Florida’s beaches, unless there is a clear risk to public safety;
2. The Governor directs the Department of Environmental Protection (DEP) to serve as an advocate for the public’s right to public beach access. This includes establishing an online reporting tool so Floridians with concerns about beach access can provide input. DEP will compile this input and submit a report to the Florida Legislature and the Governor before the next legislative session. DEP will also serve as a liaison to local governments to ensure the public’s right to access the beach is protected;
3. The Governor urges all local government entities to not adopt any rule or ordinance that would restrict or eliminate the public’s access to Florida’s beaches. He is calling on every county in Florida to not take any action that limits access to beaches; and
4. The Governor urges State Attorneys in Florida to protect Floridians’ constitutional right to access the beach.
“Today, I am ordering the Department of Environmental Protection to do everything in their power to advocate to keep our beaches open and public," Scott said. "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. Government’s job is to help solve problems, and in Florida, when there is an issue or confusion surrounding legislation, we take action to address it. Florida is the most beautiful state in the nation. We have hundreds of miles of pristine coastline and we are known for having the best beaches across the world. We absolutely cannot do anything that changes that.”
Replies
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Beach Fanatic
We own just over the line in Bay County at Pinnacle Port - but I have dear friends with a rental home just 1100 feet from the beach in Seacrest just on the northside of 30A. Their guests this weekend were told they couldn't set up on the beach. I advised my friends to tell their guests they could set up down at water's edge, but he's been told that since the "mean water line could be "under water" that wasn't necessarily true. I call BS on that, but whatever.
If you understand that the property MHWL is an elevation (.75 feet) from sea level the MHWL can be below the water. The Sheriff may elect to enforce the wet-sand but the legal property boundary defined by the Florida law is the MHWL.
Maybe it's a dumb question/observation but....if no one except direct gulf front owners can use the beach, wouldn't this affect those owner's property values? Seems to me that if no one can use the beach, the entire 30A brand (and South Walton Branding in general) is mush less valued. What is all that development good for if visitors can't go to the beach? I mean, yes, locals know of all sorts of good stuff besides beach access, but tourists come for the beach - period.
There is NO evidence without customary use the Walton economy or property values would decline. Value is determined by supply and demand - and demand has far exceeded supply, so the Walton commissioners decided to take 20 of the 26 miles of private beach and make it available to the public by ordinance without owner due process first or compensation (HB631/FL Statute 163.035 corrected that). Okaloosa and Bay counties do not recognize customary use. As well and 30 other Florida coastal counties and those counties' property values are increasing just like Walton's. Opinions are one thing - facts are another.
The Walton commissioners' deliberate customary use misinformation, emotional public outcries, fear mongering, and vilifying law abiding private property owners protecting their Constitutional rights - create an adversarial atmosphere that will get worse in the next many years before it gets better - until the courts rule or until commissioners and tourist respect private beachfront property rights.
You can sit and occupy gulf front beach IF you have permission. You have an attitude or are disrespectful to property owners and private property rights you reduce your chance to have an owner's permission.
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