Customary Use and Our 30A Legacy

I can't imagine being a gulf front property owner and claiming the beach as all mine. Putting up signs and making a stand against customary use of our beaches. What kind of community member comes to this special piece of the planet and does that? What kind of governor signs into law a way for property owners to claim private rights on the beach. Then signs an executive order that says we all have the right to enjoy all of our beaches except the damage is done and his order means absolutely nothing. Then he goes on to become Senator of Florida and leaves Walton County in a legal mess. We are seeing incompetence and corruption at the top. They really don't care. It's up to Walton County to fix this problem created by legislators who are very far from this county. How did that happen? That is the only real question.

Supporting Customary Use is critical to the future of our beach town. Florida beaches belong to everyone.

I can't imagine being a gulf front property owner and claiming the beach as all mine. Putting up signs and making a stand against customary use of our beaches. What kind of community member comes to this special piece of the planet and does that? What kind of governor signs into law a way for property owners to claim private rights on the beach. Then signs an executive order that says we all have the right to enjoy all of our beaches except the damage is done and his order means absolutely nothing. Then he goes on to become Senator of Florida and leaves Walton County in a legal mess. We are seeing incompetence and corruption at the top. They really don't care. It's up to Walton County to fix this problem created by legislators who are very far from this county. How did that happen? That is the only real question.


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I'm glad to hear your thoughts Teresa. We are saying the same thing, you and I.
We all came here because of the beach.
We all love the old lifestyle here that we fell in love with.
We all got along on the beach.
We wish we could go back there.
We all hate any signs and ropes on beach.
We all hate mean and unreasonable beach owners.
We all hate this community fighting.
We all think government is to blame.
We need to take back control of our quiet community lifestyle.
The difference, in our current community, is how we believe we should fix it.
Some believe in fixing it while still respecting private family investment, and recognizing their legal rights that came with what they paid for, documented with a deed.
Some believe that we should remove private property rights altogether.
Some believe in a Customary Use path.
Some don't believe Customary Use exists without a court order.
Some believe that State laws changed last year.
Some believe no law changed anything about private beach property.
Some believe there is a middle ground where everyone wins. That's most of us, and sounds like you too.
Unfortunately, the slash and burn tactics are designed to prevent that dialogue.

This is the most ridiculous comment. No one ever spoke of our beaches being private until a few years ago when this nonsense started.

Dave Rauschkolb's ridiculous comment is the most ignorant and if not ignorant intentionally misleading.

2002 Destin’s hired attorney David Theriaque (sound familiar) authored an ordinance to regulate (take) private beach that resulted in the Florida Attorney General rendering opinion 2002-38. That was 17 years ago.
I know many beachfront owners have called the Walton Sheriff for trespass and posted signs for decades to protect their property rights. The property right all Walton property owners have had and have today. I hope Florida Beaches for All attorney Mr. Uhlfelder take these property owner's depositions.

2007-10-09 BCC Customary Use. That was 12 years ago.
Mr. Burke [County Attorney] discussed four options that should be considered for Walton County. Option one (1) is to do nothing and allow the private citizens to file suit. Option two (2) would be to adopt an ordinance establishing Customary Use definitions. This option could cause possible litigation. Option three (3) would be to file a class action law suit by the Board to determine whether the Doctrine of Customary Use applies. Mr. Burke did not recommend this option. Option four (4) would allow the Board to seek easements from private land owner for a Customary Use. This option may offer the property owner ad valorem tax relief and would probably be more successful. Mr. Burke suggested the Board review and to consider options two and four. Commissioner Comander made a motion to proceed with options two and four. Motion died for lack of second.
http://www.clerkofcourts.co.walton.fl.us/document_center/Minutes/Regular_Meetings/20071009.pdf
Why was BCC asking about CU in 2007?

2007 BCC included Cindy Meadows, Larry Jones - now county administrator, and Sara Comander who with current commissioner’s inept spending of Walton taxpayer’s annual $100-$170 million dollars sought an ancient medieval English property rights common law doctrine of custom to a political problem of their own making. Why shouldn’t the commissioners? It’s not their personal money, it’s tax payer’s and private property owner’s money. Commissioners get votes whether they win or lose. If owner’s prevail it only cost many millions of tax payer’s money for Theriaque’s $425/hr and the property owners legal fees.

"You buy next to a cow pasture, get used to the cows." Not if the cows (Dave Rauschkolb's word) are on my private property. I'd call the Sheriff - if he would enforce the law.

“The beaches have always been shared and should be regardless of growth;...”
Private beachfront was shared because beachfront owners had the right and chose to share. By license to those who were not invited I think is the legal term. Owners can revoke that license as is their Constitutional right. I for one will share no more, you can thank past and present Walton commissioners, Dave Rauschkolb, Dan Ulhfelder, and REALTORS like ECAR CEO Keith Dean (Floridians for the Preservation of Customary Use Executive Vice-President) and 2018 former REALTOR ECAR President Liz McMasters (first Director of Florida Beaches for All).

Okaloosa and Bay counties do not have customary use ordinances (nor do 65 other counties) and the real estate market is increasing as well as Walton's.
That Walton real estate and economy will collapse is baseless (fact-less) fear mongering. Even if there is a downturn the supply will not meet demand and property values will continue to appreciate - just like after the 2010 Deepwater Horizon oil spill.

CU ignorance (misinformation) is not bliss. It cost everyone millions of dollars and ill will.

Sharing the beach is what we've always done in South Walton Florida. We are a beach community with the most beautiful beaches anywhere. Beaches belong to everyone.
‘A beach is unlike any other landscape. It is a dynamic, interconnected environment that invites long walks and long views. Its boundaries are constantly in flux, thanks to the tide, storms and sea level rise.’
GUEST COLUMN: Sharing ‘your’ beach shouldn’t be too much to ask
By Keith Spera | Guest Columnist
Apr 21, 2019 at 8:28 AM

We could post published opinions on property rights but would likely be removed by Administrator so we don't.

We could post published opinions on property rights but would likely be removed by Administrator so we don't.

Total BS. And ridiculous

No matter what you think, people will stop coming to our area and spending their money. Period. Why go to the beach for a week if you're not welcome and you can't actually *get* to the beach? As a result, restaurants and other retail outlets will suffer. They will not be able to hire workers because they can't keep them with a living wage. Bed tax money will go down. And on and on. If you don't believe that simple economic truism, you are very very shortsighted. Obviously, a solution has to be reached. I am ashamed at how some beach front owners (and their security guards) are acting. Harassing locals and visitors for sitting within a few feet of the water, and so on. Happens in Blue Mountain ALL THE TIME.

Teresa, do you deny SoWal admin have never removed posted public opinions before?

Sunshine State News
Walton County Customary-Use Leaders Playing a Dangerous Game By Nancy Smith
Posted in part for length. Click link for article and 129 Comments.
Walton County Customary-Use Leaders Playing a Dangerous Game

Nowhere in Florida is the new law dealing with beach access the firestorm it has become in Walton County. The reason is complicated. But many folks along the panhandle's Emerald Coast claim it's not helping that a pair of local crusaders have a lot of citizens convinced House Bill 631 is the worst thing to befall Florida since Mercury went retrograde.

Rauschkolb is a restaurateur, Uhlfelder an attorney. Together they're what former seasonal Seaside resident Lilly Bell calls "a tag team," dominating social media and public meetings to get people riled up against each other.

"Walton used to have only a handful of beachfront residents who wanted to enforce their privacy all the way to the water," said the retired interior decorator. "But most of them didn't care if people sat on their sand. Then Dave and Dan came along and caught a glimpse of the fame and attention they could get nationally. Now we have a civil war here."

HB 631, was sponsored by Sen. Kathleen Passidomo, R-Naples, and Rep. Katie Edwards-Walpole, D-Plantation. The bill passed the Florida Legislature with an overwhelming bipartisan majority and 100 percent support of the Walton County delegation -- 29-7 March 6 in the Senate and 95-17 March 8 in the House [Including Rep Brad Drake]. That's a total of 24 votes against in the whole of the Legislature. No wonder the governor didn't veto it. Why would he?.

In addition, Rauschkolb was interviewed on the Weather Channel, which serves millions of viewers across America. National Public Radio showed up on the beach soon after. So did U.S. Sen. Bill Nelson, looking for an opportunity to kick the governor, his senatorial opponent in November. And between the two proactive "protests" -- Uhlfelder's and Rauschkolb's and what has been described as "dozens of media interview requests," Walton's war for the beach had begun.

129 Comments
Walton County Customary-Use Leaders Playing a Dangerous Game

Submitted by Dave Rauschkolb on September 18, 2018 - 5:49pm
I believe this characterizes our situation adequately and offers solutions whether our County is awarded renewed Customary Use or not. ACCESS AND USE, CONVENIENCE ADVANTAGES AND SOLUTIONS FOR HOUSEKEEPING ON THE BEACH This issue is based on the difference between access and use....

Submitted by Walton Resident on September 18, 2018 - 9:12pm
You wonder why people have had enough of Dave and this issue and his behavior? Now you have more proof right here on this page. The obfuscation above is almost incredible. He confuses leadership with obfuscation. Hell he probably doesn’t even know the difference. He is unintelligible. You ask him a pointed question or uncover that he’s been misleading his vocal minority on a serious fact, he resorts to obfuscation and distractions that in his mind he thinks is brilliant. The number of times he says me and I in this monologue as also is notable.

Submitted by Dave Rauschkolb on September 11, 2018 - 6:55am
The small number of beachfront owners who have over several years systematically been taking quiet title, putting up no trespassing signs and lobbying the Florida legislature to kill our Customary Use ordinance are very upset because their little plan is being brought into the light..... [Except the 650+ private property owners intervening in Walton's customary use litigation.]

Submitted by James Lince on September 11, 2018 - 12:48pm
Legal Dave "taking quiet title". There is no such thing in law or fact. Conspiracy Dave: "the small number of beachfront owners have been systematically taking [public beach property]". There's no evidence of public land being stolen through any "quiet title" claim and the number of claims is very small compared to the number of property owners.

Submitted by Paul P. on September 12, 2018 - 6:29pm
I have come to the realization that this article is a major trigger for those that want CU, look at the responses. They cannot handle the open and honest criticism in the piece as presented. I've researched this significantly since the "meeting" on Saturday and now my opinion on CU has changed dramatically. Where I was a staunch supporter, based on info from the community at large, this now sheds a very different light on the issue and I'll admit, it is very, very complex.

Submitted by JR on September 11, 2018 - 5:53am
This author got it right. As a 25 yr business owner on 30A, I publicly ask Dave and Daniel to stop this publicity stunt and false narrative. You are misleading the citizens with false facts, and it is you two who are so hungry for national attention, that are willfully hurting my business and everyone else’s in the name of your personal fame.

Stop pointing fingers. Let’s don’t take this string where the rest go. Let’s be different. We were on a good track with both sides discussing towards solution. No need to argue over motives, let’s keep to facts. Here’s some questions to ponder, then let’s come up with fixes.
Right here.
Right now.
On this string.
1) Is trumpeting a terrible local narrative about “no” beach access across 20 states helping the local tourist economy, or is it sensationalism, and scaring people away?
How can we do better?
2) Is there really less public beach than there was 1, 5, 10, 20 years ago?
How can we do better?
3) Did private Beach owners start putting up signs to be mean, or did they start putting up signs because the county sued them for control of their property and then local activists prompted people to trespass to make a point?
How can we do better?
4) Has there been even one public forum where both sides have agreed to sit down and intelligently discuss these issues, or have both sides fought it out in social media echo chambers?
How do we do better?
I can see simple answers to these four questions. Should we start there Walton County? Let’s see what you’ve got.....

Its too late to think you can solve this here... it is right where the beach front owners wanted it.. in the courts. Thats where it will get resolved.

I keep seeing this thing about Walton county having "50% PUBLIC beaches".....he11,we just barely get 50% of the beaches that are public.

I keep seeing this thing about Walton county having "50% PUBLIC beaches".....he11,we just barely get 50% of the beaches that are public.

Jodi, thank you for bringing up the vendor program. Yet another example of county mismanaging public resources by allowing friends and family owned chair companies to eliminate public access to 50% of the public beaches. Again, nothing to do with Private Beach Front Owners, but rather inept managing of our largest county asset. Easy fix for that one well outside of Customary Use argument. And it solves, by your math, 50% of the problem. See? You came up with a great solution. Keep them coming folks, we’re getting somewhere.

All this is not helping the group of people that the sheriffs office was called on today. And from the looks of the picture they were very close to the waters edge. Most likely seaward of the MHWL...but no one has responded to my request to show a current TOPO survey that shows where that (not so)imaginary line in the sand is. I have always said that upland property owners do indeed own to that line but still not one has responded with a picture of that survey. And I am not talking about one from 1974...I mean current, one that a lender for a loan on said property would accept...(and the last time I had one done for my property the lender said it could not be older than 6 months) I saw something from Vizcaya from decades ago but it wasnt a TOPO and only had a sqwiggly line that said "appx. MHWL". Why,if that line is so important, will no one produce one ??

All this is not helping the group of people that the sheriffs office was called on today. And from the looks of the picture they were very close to the waters edge. Most likely seaward of the MHWL...but no one has responded to my request to show a current TOPO survey that shows where that (not so)imaginary line in the sand is. I have always said that upland property owners do indeed own to that line but still not one has responded with a picture of that survey. And I am not talking about one from 1974...I mean current, one that a lender for a loan on said property would accept...(and the last time I had one done for my property the lender said it could not be older than 6 months) I saw something from Vizcaya from decades ago but it wasnt a TOPO and only had a sqwiggly line that said "appx. MHWL". Why,if that line is so important, will no one produce one ??

Jodi, I’m not an expert, but I’ve researched this. I’m only speaking for me here - That MHTL line has been recently surveyed by county. You’ll see those maps soon. Until then, look at the beach under a normal high tide, easily referenced daily. Assume that the average high tide line is seaward of that water mark. Why? Because we’ve had four major hurricanes and many tropical storms since 2,000 (19 yrs). Those storms caused much beach erosion, moving that average line over beach that is now under water. Simple math. Do you really want to know? Or are you just following our local class clown with more distracting drama? It’s a favorite diversion tactic of extremist publicity hounds that publicly embarrass our local law enforcement with that game.
Regarding the sheriff; they weren’t called on the young couple today. Nope. They were called on the local activist who created a noisy scene and made a publicity stunt out of shaming a resident, deliberately using that innocent couple, all the while posing and capturing her selfies for social media. We all feel very sorry for the young couple being manipulated by these terroristic CU activists that have taken over our beaches and are scaring the public away. We all share your empathy.

Jodi, I’m not an expert, but I’ve researched this. I’m only speaking for me here - That MHTL line has been recently surveyed by county. You’ll see those maps soon. Until then, look at the beach under a normal high tide, easily referenced daily. Assume that the average high tide line is seaward of that water mark. Why? Because we’ve had four major hurricanes and many tropical storms since 2,000 (19 yrs). Those storms caused much beach erosion, moving that average line over beach that is now under water. Simple math. Do you really want to know? Or are you just following our local class clown with more distracting drama? It’s a favorite diversion tactic of extremist publicity hounds that publicly embarrass our local law enforcement with that game.
Regarding the sheriff; they weren’t called on the young couple today. Nope. They were called on the local activist who created a noisy scene and made a publicity stunt out of shaming a resident, deliberately using that innocent couple, all the while posing and capturing her selfies for social media. We all feel very sorry for the young couple being manipulated by these terroristic CU activists that have taken over our beaches and are scaring the public away. We all share your empathy.

This paragraph is a despicable distortion of the truth.

If the BFOs are such a philanthropic, easy to get along with group, why do they seem to band together and immediately purchase any properties that are even rumored to be purchased by the county to provide more access for the those of us wanting a hassle free day at the beach?

A local person acted on behalf of a young couple who had been told to move. This is what we all need to do for our visitors. Help them. What I saw yesterday was a sincere concern for our visitors and a very positive outcome. The poster provided straightforward and useful documentation for the incident. More of this please. We deserve to know what is happening and where.

Posting on social media helps us to see what's happening and where. I am seeing documentation on social media from lots of people. I appreciate the stories and information. ❤️ This helps our community become more informed.

Being an activist for Customary Use is not a bad thing at all. I truly appreciate anyone willing to stand up for our community. Keep going. Our values as a community are as important as ever before. Our beaches are some of the most beautiful in the world and people come here to enjoy them. People move here to raise their families. We are worth the effort to keep our beaches open for everyone who lives, works, invests and visits here.

Will the fight be worth it? If you love it here then absolutely it will be worth it. Don't be silent.

This is the most ridiculous comment. No one ever spoke of our beaches being private until a few years ago when this nonsense started. Growth will always come to any popular, special area. The loudest voices against CU come from beachfront owners who bought near a county beach access. Not from interior beachfront owners. You buy next to a cow pasture, get used to the cows. The beaches have always been shared and should be regardless of growth; anywhere, any beach and any community. Respect has and always is critical. There are laws that regulate behavior on our beaches and characterizing the beach behavior as all bad is a common tactic used by private property rights beach advocates. I recommended the Beach Ambassador program to help address the beachfront owners concerns. Most beachgoers are respectful regardless of the numbers.

Beach Vendor Mafia is the only cause for lack of Public Beach access free space. Mafia sets up and People must and WILL spread out with their own beach chairs and umbrellas...

Jodi, Help us understand. How are beach front owners treating locals like "doormats"? In my neighborhood, we find that the beach front owners we know are indeed part of the community. They get involved with local charities. They look after the beaches, visitors, and turtle nests. They're the first ones to help vacationers with local information. They band together to buy properties that would be public beach access as soon as they hear that the county is interested. We never have conflicts with them as long as we're respectful of their property, and for the record, DIDrespectful means quietly sitting on the beach on a towel or chair. Most of them are the first ones to step up in time of need. And they're always keeping a low profile about that local philanthropy. They are just as upset about this county and local activist action against them as the rest of us. Remember, they didn't pick this fight. They didn't behave badly. Until people started deliberately coming onto their property and demanding it for themselves. How would you feel if it were your yard?

Fixed it for ya...

@Emerald Drifter ..and how about the ones in Seagrove that got all up in arms when the county announced they would be making improvements (parking,bathrooms etc) on property they ALREADY own?? Seems a bit hypocritical to deny a "property owner" the right to do what they want on their property

A local person acted on behalf of a young couple who had been told to move. This is what we all need to do for our visitors. Help them. What I saw yesterday was a sincere concern for our visitors and a very positive outcome. The poster provided straightforward and useful documentation for the incident. More of this please. We deserve to know what is happening and where.

Posting on social media helps us to see what's happening and where. I am seeing documentation on social media from lots of people. I appreciate the stories and information. ❤️ This helps our community become more informed.

Being an activist for Customary Use is not a bad thing at all. I truly appreciate anyone willing to stand up for our community.

This post was created for honest discussion and transparency, y'all keep the childish edits and individual innuendo to another forum please. Teresa, Let's look at this objectively, without bias for a minute. Again, we agree on most ideas. We agree that responsible activists are part of American legacy, on BOTH sides of issues, we agree that we need to know what is happening in our community, that people being mistreated is wrong, that rude and disrespectful folks on BOTH sides aren't helping.
Will you also agree that activists escalating something out of nothing for sensationalist Facebook and Instagram content is wrong?
Would you also agree that such noisy orchestrated narrative materially hurts our tourist economy?
Would you agree that there are bad actors on both sides of this issue trying to amplify the division, and are hurting our chances of 30A life as we know it?
Did anyone post images of the hundreds or maybe thousands of beachgoers yesterday that were enjoying their day on private Walton County beaches without a conflict or a social media event?
At what point did this event escalate? Was it the initial discussion, or was it after activists interjected to deliberately elevate the noise and involve Sherriff? The social media posts admit that the quiet encounter was amplified only by activists.
Does it seem strange that so many vocal activists just happened to be present, with only images of them, not the two subject parties, in what some witnesses claim were staged poses for camera?
This particular activist (the one in the black baseball cap according to the police report) represents herself as the leader of the entire CU movement. What does that say to the honest members? No doubt we can do better. It's just very hard for honest discussion when things aren't as they seem.
Here's the official WCSO report. Notice the "But". You decide.

04/28/2019 : 12:39:15 intranet\so-robrhonda2 Narrative: THE COMPL REQUEST 10-45 AFTER DEPUTY MAKES CONTACT
BECAUSE COMPL IS LEAVING FOR AIRPORT
04/28/2019 : 12:38:30 intranet\so-robrhonda2 Narrative: THE COMPL JUST ASKED SOME OTHERS TO MOVE BEHIND THEM
AND THEY MOVED BUT THERE IS A FEMALE WITH BLACK BALL CAP AND PEACH BIKINI STARTED CALLING
OTHERS TO COME OVER AND TOLD COMPL TO JUST CALL THE POLICE
04/28/2019 : 12:36:28 intranet\so-robrhonda2 Narrative: ADV THERE ARE ABOUT EIGHT PEOPLE WITH CHILDREN THAT
ARE VIOLATING THE PRIVATE BEACH

Glad Reggie is NOT being silent!!!!

Well, when you title your thread that Customary Use Will Destroy our 30A Legacy, that in and of itself tells that you do not know what 30A's legacy is, at all.
Most of the magic of our quiet little beach road has been long gone.

The only thing that remains is the beach, as it has been long before any of us were born, and will be here long after we are gone. And, we want our children, grandchildren and many generations to be able to enjoy peaceful days at the beach, as we always have done.

Not quite sure how anyone can read the appropriately titled original post here, and not understand that your very point is woven throughout its entirety. We want the same thing. I just want to be honest about it, with mutual respect and lawfulness. Not irrational mob mentality that misrepresents reality and prevents the very result you claim to desire. Go back and read it again.

...... Respect has and always is critical......

How can there be respect when private property owners are continuously called
mean, selfish and greedy?

How can there be respect when Daniel Uhlfelder stands in front of a townhall county meeting regarding customary use on July 18, 2018 and tell the world that his Jewish grandparents immigrated to America from Europe “because of oppression like this”....in effect pulling out the Nazi card accusing beach front owners as such. His actions show total disrespect for the Holocaust victims. Yeah respect.

And how can there be respect when “your side” perpetuates mistruths such as “BFOs stole public beach” through quiet title?...in effect painting a picture of BFOs as rich thieves. I know the masses are ignorant about this concept....but not you and especially Daniel Uhlfelder. And for the benefit of others, none of this beach that was quiet titled was NOT public beach in the first place.

It is amazing however that so so many people drink this kool-aid or should I say you continue to do a wonderful job of making and marketing mai-tais for the masses. But that’s what your tactics depend on - the general public’s ignorance of facts regarding this debate.

Your only weapons are ignorance and emotion.


Cow pastures? And you said it’s the lots closest to public beach accesses that have the loudest voices. BRILLIANT!

So why not COMPROMISE with those owners and see if they would be willing to sell an easement to the county??? Wouldn’t EVERYBODY win? Right now, the only winners are attorneys in all this litigation.

Oh yeah, your position is no compromise as well.

“We want it all or nothing.” Again, be careful what you wish for.

How can there be respect when private property owners are continuously called
mean, selfish and greedy?

How can there be respect when the public is called an "ignorant,emotional mob"?