Tampa Bay Times
9/9/18
Hundreds pack meeting on beach access in Florida Panhandle
The issue of 'customary use' becomes part of the political dialogue in the 2018 election.
SANTA ROSA BEACH — Hundreds of people crowded into a high school auditorium Saturday for an emotional meeting in the ongoing political struggle over public access to the Panhandle's pristine beaches.
The crowd of 800-plus at South Walton High School and the intensity of views were the latest signs of how strongly people feel about this quality-of-life issue after Gov. Rick Scott signed a bill that makes it harder for cities and counties to pass local laws protecting public beach access.
The law (HB 631), which attracted little public attention in the 2018 session of the Legislature, is seen as a direct response to Walton County's adoption last year of a beach access law that has been challenged unsuccessfully by private property owners.
"I believe the notion of a 'private beach' is an oxymoron," said Dave Rauschkolb, a Seaside restaurant owner and a leader in the battle to preserve public access to beaches, known as customary use.
Josephine Brown, 92, of Seagrove Beach, wearing a sticker that said "CU at the beach," said her family has been enjoying the beaches of South Walton for six generations with no problems until now.
"We had bonfires. We camped out," Brown testified. "Those days are gone forever, but still, we would like to maintain a little bit of that personal closeness that we always had with the beach."
Lynn Fitzgerald, who has owned a home on Miramar Beach since 1994, said her property deed, like many, extended to the mean high tide water line but that "we never had a problem." Making things worse, she told officials, is the proliferation of commercial vendors renting out beach chairs and umbrellas to sunbathers.
Asked about the governor, she said: "This is going to hurt him. It will also cause tourists to leave Destin and go to Orange Beach (Alabama)."
Scott, who in July signed an executive order that sought to blunt the new law's enforcement, may hear from residents Sunday when he makes a campaign appearance at The Donut Hole in Santa Rosa Beach.
Tom Ballantine, owner of a condominium complex at Seagrove, said: "I'm a Christian. God made the beach and it's open to all of God's people." He got a thunderous round of applause.
Afterward, Ballantine said he did not think the controversy would have any effect on Scott's senatorial ambitions. "I really like Rick Scott," he said.
Avalon Beach homeowner John Vundschow took a different view. He said a proposed new county customary use ordinance is an illegal taking of private property without just compensation, in violation of the Fifth Amendment to the U.S. Constitution.
More than 5,000 people have joined a Facebook group, Walton County Ideas for Visioning and Quality of Life, where the beach access issue is by far the major topic of conversation.
More than 7,000 residents have signed affidavits in support of a new county beach access law in an effort organized by a new non-profit group, Florida Beaches for All. The Walton County attorney, Sidney Noyes, said she was overwhelmed by the response.
Saturday's meeting was to have been the first legal step by a Florida local government to comply with the new law.
But the county discovered that 13 affected property owners did not receive legal notices of the meeting as required by law, which could put the county in legal jeopardy if it took any formal action. So a vote was postponed until November and county officials took public comment for nearly three hours instead.
Walton County is solidly Republican, but in interviews, people at Saturday's meeting singled out Scott for criticism and said he should not have signed the bill into law. In casual conversations, people dressed in tropical shirts and flip-flops toss around "HB 631" like an epithet.
Mike Hepner, a Miramar Beach X-ray technician who wore a "UNF Ospreys" T-shirt (his daughter is a student there) and is a registered independent voter, said he's less likely to vote for Scott because of his decision to sign HB 631.
"Definitely," Hepner said. "I believe the beaches were put here by God for our use and we want to keep it that way. I will vote for people who are for keeping customary use."
https://www.tampabay.com/florida-politics/buzz/2018/09/09/hundreds-pack-meeting-on-beach-access-in-florida-panhandle/
Replies
193
SWGB
Look at jasmine dunes in sea grove. Judge green gave them beach front in last 3 years. The tax appraiser gave tax deeds . Went infrontvof judge green who granted deeds. Never had a county commissioner question it or signed posted. Look at any deed in gulf shore manor of beach . All were given in last 20 years. So basically the tax people and judge green gave away beach and commissioners never stopped it. Then they let judge green be the one who decides outcome. Ethics complaint should be done
Judge Green did his job, would you rather a rouge judge playing by their own rules?
What you are talking about is called quiet title and it's a perfectly legal process, but the private beachers have bastardized the process to take land.any of the parcels you are talking about only "technically" own to the MHWL as they sued a long dead developer or their corporation stating they intended for the property owner to own that land too. If that dead person or corporation responds then it might go a different way. I'll let you figure out why they don't go a different way.
Beach Lover
Then why wasn’t the county commissioners notified. And why wasn’t there a public notice. Like any other property
Beach Lover
They gave away public beach with out a notice to county or public. Now he gets to decide right and wrong. The gulf shore manor beach was 1 of only 2 private beaches. They took Santa Clara from developers and never even had a deed for property when they built beach access.
Beach Lover
Look at judge wells property in camp creek . His property is one of only few that didn’t get beach front. Probably because he knew wasn’t right or legal
SWGB
Then why wasn’t the county commissioners notified. And why wasn’t there a public notice. Like any other property
I understand, but please understand in the quiet title action it is one party suing another, the county isn't named. In fact as much as I want to continue explaining this, our acting county attorney did a great job explaining why the county CAN'T intervene in these at the November 19 BCC meeting during public comments.
SWGB
They gave away public beach with out a notice to county or public. Now he gets to decide right and wrong. The gulf shore manor beach was 1 of only 2 private beaches. They took Santa Clara from developers and never even had a deed for property when they built beach access.
Huh?
Beach Lover
They never sued . The county gave them there beach front for 50 dollars a year tax deed
Beach Lover
They never sued . The county gave them there beach front for 50 dollars a year tax deedMessage me and I will give you my phone number. Matt j and explain what has happened
SWGB
#1601
Message me and I will give you my phone number. Matt j and explain what has happened
Perhaps this plat showing the land not included will help. That means the county owned or had rights to the land prior to the plat.
You can view the entire thing here:
PB 9 Page 3
Since you sent me down a rabbit hole, here's the original plat of Gulf Shores Beach:
View attachment 103723
Above is the original plat (PB 3 Page 23) showing that area as a public road with a public park, everything not denoted as a lot or the Hotel were dedicated to the public. That makes that the county's land. They don't need a deed. I won't argue that point until you show me the counties deed for any road they maintain.
Beach Fanatic
I see beachfront owners as producers and achievers which I use to admire. I do not think anyone should be building on sand dunes or marshes but that is a State or County issue and the relationship between government and wealthy people and developers. That said I now see the ugly truth of unjustified greed in beachfront owners reaction to Customary Use. Like I said earlier we are all greedy but when we take and take important resources that should be shared it affects all of our quality of life. Building a structure on a sand dune or a marsh that limits the public view of a resource is already a take and take. Taking away the dry sandy beach is a take. So now we have to ask when will they be satisfied? Based on their own reactions and I learned a lot from Mike Huckabee they will never be satisfied. They produce and achieve and will keep taking these resources. High producers and achievers somehow believe that they are more special than the rest of us. They are not. We are all special. Life is special. We are all in this miracle together so why do people like Mike Huckabee believe that he is special and deserving to take and take these resources from the rest of us? Does anyone reading this believe that Mike or anyone else is more special than the rest of us? I hope not...
Edited
SWGB
Let's keep in mind that not every beach front home is a monument to hardwork and success, some are; but I believe the vast majority are the result of good marriage, good divorce or the lucky sperm club.
Beach Lover
The point is if you owned north of beach dunes , you can go to tax payers office and they will let you get a tax dead for beach in front of your house. For less than 100 a year. You can’t build on it but now they have issued a tax deed. It went through tax appraiser and judge green. So in a nut shell they gave away beach deeds for 100 dollars or less per year. Of our beaches. I agree judge green nice guy , but in this situation he screwed up and nobody wants to talk about why the county gave beach front tax deeds to above beach dune owners. It’s not in just gulf shore manor but all of Walton county. I also have that map and a print out of gulf shore manor being a private beach. A ruling by judge Remington. So know one was sued or notified just show you own property connected to beach and you can get a deed for hardly nothing. So my question is did the bcc get notified that the judge was giving away tax deeds for public owned property
SWGB
I urge you to go watch the November 19 BCC meeting, much of this is explained.
Beach Lover
Nov 19 is a Sunday, so no go
Beach Lover
Here’s some more
SWGB
Is this Alan Osbourne?
Beach Lover
The truth hurt your feelings. I’m sorry
SWGB
The truth hurt your feelings. I’m sorry
What truth? You're posting final judgements from 1992 with no context. Much like Alan there's a point, we're just never going to get to it.
Beach Lover
The truth is the county will give a tax deed to upland beach owners , for 100 or less of beach sand property. I guess you must be one of the entitled
SWGB
The truth is the county will give a tax deed to upland beach owners , for 100 or less of beach sand property. I guess you must be one of the entitled
Nope. I live north of 98. I've also gone through the effort to understand the quiet title process and other legal issues concerning this issue. You apparently have chosen not to that, draw your own conclusions and then insult and harass people who don't follow your self taught misinformation.
I did get the BCC meeting date wrong, it was November 28, 2023 and can be viewed here:
Walton County - Meeting Information
walton.civicweb.net
It's under the public comments right before planning approvals. There was a tall slender blond man that asked and Mr. Atkinson explained in pretty good detail.
Beach Fanatic
Let's keep in mind that not every beach front home is a monument to hardwork and success, some are; but I believe the vast majority are the result of good marriage, good divorce or the lucky sperm club.And therein lies the essence and true motivation behind all your negative posts against beach front owners... "wealth" envy. Sad, really. Never mind that my share of beach front property cost $115,000.
Beach Lover
So do you think a home owner , that has land north of dunes should be able to go to the county and get the land towards the water. ( the beach ) for tax deed of 100 a year. I’m only complaining that county should not have right to give beach away for that amount or any amount.
Beach Fanatic
And therein lies the essence and true motivation behind all your negative posts against beach front owners... "wealth" envy. Sad, really. Never mind that my share of beach front property cost $115,000.Sad really, that you think $115,000 is not much.
Beach Lover
You do not listen if you paid for your land above the dunes . And pay 115,000 a year great for you. What we are talking about is county giving tax deed for beach property. If you pay 115,000 and think you are entitled to the beach for 100.00. Then that makes you greedy. If you buy property then go to county and get beach land for basically free , and think it should be you’re a there lies the problem. I have a house in sea grove and one in Freeport and also pay on 15 other properties in the county. So no I don’t agree with 115,000 tax bill but because you choose that land and could afford shouldn’t entitle you to get free beach property to then say no one can use.
SWGB
Sad really, that you think $115,000 is not much.
They're also leaving out the context of when that purchase was made.
Checking your forum account
Please wait while we verify your forum account.