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Customary Use and Our 30A Legacy

Reggie Gaskins avatar
Beach Lover
526,505 views2
upload_2019-4-25_8-30-52.jpeg
When you see a PCB or Destin bumper sticker, what thought immediately comes to mind? Probably same for all of us with any time spent here - nice, but it ain’t 30A! Do you remember why you started renting/visiting here? What was it? Remember when you bought your first 30A property? Why here?
Because it was DIFFERENT, right? Remember the words you used to describe it to family and friends as you invited them here? “Private” “Quiet” “Intimate” “Less crowded”. That wasn’t by accident. The entire genetic code of Sowal beaches is because of the private ownership and neighborhood beach personalities.
You could rent “private beach”. You could buy “private beach”. There wasn’t a free for all frat party atmosphere because of unlimited public beach access on the sands. That behavior was regulated by the privately owned property where such behavior was immediately squelched. And yet, by custom, no one was ever “Kicked off” of private beaches because owners don’t do that unless bad actors abuse the privilege.
Walton County has always had more than 50% PUBLIC beach. Still does. That hasn’t changed. There are now deliberately misleading fear tactics out there with scary words like “Quiet Title” and “Privatization”, neither of which have affected one single square inch of public beach, not one. Yet, the mob mentality, orchestrated by local carnival barkers eager for fame and notoriety, and dollars, have mislead the citizens and deliberately tried to divide the community in a shell game of Customary Use.
The fact is that the county outran the capabilities of local Commissioners to plan for growth 20 years ago, and we haven’t improved that talent to deal with it even yet. So the County, in failing to plan beach availability, tried to illegally claim private property as public, without following the laws requiring judicial oversight. The local Good Ol’ Boys overreached their authority and got caught by the adults in Tallahassee. So they then decides to sue 4,800 of Sowal citizens to take their property. That’s right, your tax money is being spent, and a lot of it, to SUE almost 5,000 of your neighbors, and steal what they agreed to purchase at a premium, and have a deed to prove it.
Don’t blame them please, they didn’t want or ask for this fight. They live here and care for these beaches just like you and me. Go meet them, they are truly the eclectic fabric of 30A. The signs they had to put up are just in defense of this new orchestrated public attack against them.
The bottom line is this: The minute you release the public to occupy all of Sowal beaches, you IMMEDIATELY get nasty Destin and PCB problems. How will you feel about that 30A sticker then? Nostalgic? Me too.

Replies

2,312
BlueMtnBeachVagrant avatar
Beach Fanatic
#927
Constructive forum??

So why isn’t Jensky banned with her very recent male anatomy reference on a fresh thread seeking a bit more conciliatory tone? Same holds true for all the others with all their name calling? Is it maybe children deserve a second, third, fourth chances? No, the real reason is hypocrisy, IMHO. I and my fellow private property have only introduced FACTs and opinions backed up with FACTs throughout this ordeal for which we are undoubtedly condemned by the CU movement. And the facts are not what the CU movement want to hear or acknowledge.

And now a leader makes yet ANOTHER VERY RECENT ANALOGY to beach front owners being “criminals”. I guess that’s a bit better than being referred to as a Na... oh never mind - you get what I’m saying.

If there is any real hope of working anything out, FBFA must purge the current “leaders”. How can something ever be worked out when the “leaders” have stated for a fact that they will not compromise?

The CU people need to put their foot down and denounce the hardline approach. Otherwise if CU is defeated (which will take SEVERAL years either way), the county will be in the same shape it is today. The only difference will be that beach front property will cost EVEN MORE to obtain for the public.
Beach Lover
#928
BACKFIRE
Please, do it all $ummer long.

Was the FBFA's Stand the Sand event (which ignored the required TDC Beach Permit) set up to escalate the conflict and generate more donations to pay for the FBFA's lawyers? I wonder if they also set up the beach banner just to raise more funds?

We must find a way to work together to decrease the conflict instead of escalating it even more. The BCC lawsuit against the private property owners may be in the court for 10 years before it is resolved, with more and more conflict (and money spent) every single day. What are we going to do for the next 10 years while this is in court?

Everyone used to talk about the "good ole days" of walking miles without seeing anyone else one the beach. Now everyone is talking about ghost chairs, litter, pollution, parking, mega rentals, entitlement behavior, and taking private property without payment "because it should not have been sold in the first place".

The root cause is more tourists than 30A can possible handle, which is destroying our sensitive ecosystem. This is a very RECENT issue. We need to first REDUCE the number of tourists to a level that that our infrastructure is capable of handling. Look at what is happening to the number of turtles "false crawls" or the recent posts of people walking over nests that are roped off? Are we going to let the BCC fill in the Coastal Dune lakes so more Mega Rentals can be built? How many more sensitive wetlands and conservation areas are we going to let the BCC can turn into housing developments?

We are so focused on arguing about Customary Use and Private Property Rights that we have lost sight that we are DESTROYING 30A, I am not talking about a destroying our "legacy", I am talking about PHYSICAL DESTRUCTION of 30A by too many people in an extremely sensitive ecosystem. Even if you took EVERY beach front private property, you would still have this problem if you don't manage the number of tourists.

This is a tourist density issue. All of the other issues are a direct result of that root problem. The State of Florida restricts the number of people allowed on a State Park at any one time. Even Hawaii is taking action to restrict tourists so something will be left for future generations. Why would we ever consider letting the BCC make 30A a free for all?

Maybe it is time to make 30A a toll road with Walton County Residents and tax payers getting a permit...

Edited

Beach Fanatic
#929
Was the FBFA's Stand the Sand event (which ignored the required TDC Beach Permit) set up to escalate the conflict and generate more donations to pay for the FBFA's lawyers? I wonder if they also set up the beach banner just to raise more funds?

We must find a way to work together to decrease the conflict instead of escalating it even more. The BCC lawsuit against the private property owners may be in the court for 10 years before it is resolved, with more and more conflict (and money spent) every single day. What are we going to do for the next 10 years while this is in court?

Everyone used to talk about the "good ole days" of walking miles without seeing anyone else one the beach. Now everyone is talking about ghost chairs, litter, pollution, parking, mega rentals, entitlement behavior, and taking private property without payment "because it should not have been sold in the first place".

The root cause is more tourists than 30A can possible handle, which is destroying our sensitive ecosystem, and is a very RECENT issue. We need to first REDUCE the number of tourists that our infrastructure can handle. Look at what is happening to the number of turtles "false crawls" or the recent posts of people walking over nests that are roped off? Are we going to let the BCC fill in the Coastal Dune lakes so more Mega Rentals can be built? How many more sensitive wetlands and conservation areas are we going to lose so the BCC can turn them into housing developments?

We are so focused on arguing about Customary Use and Private Property Rights that we have lost sight that we are DESTROYING 30A, I am not talking about a destroying our "legacy", I am talking about PHYSICAL DESTRUCTION of 30A by too many people in an extremely sensitive ecosystem. Even if you took EVERY beach front private property, you would still have this problem if you don't manage the number of tourists.

This is a tourist density issue. All of the other issues are a direct result of that root issue. The State of Florida restricts the number of people allowed on a State Park at any one time. Even Hawaii is taking action to restrict tourists so something will be left for future generations. Why would we ever consider letting the BCC make 30A a free for all?

Maybe it is time to make 30A a toll road with Walton County Residents and tax payers getting a permit...
A lot of people feel the pressure of runaway tourism. The solution is for preservationists and business conservatives to be on the county commission instead of pro-development, more heads in beds types. Good, reasonable leaders setting the tone of quality over quantity.

Keep SoWal Charming!
FloridaBeachBum avatar
Beach Fanatic
#930
There is a difference between sticking to the issue and responding respectfully, and cyber bullying. I am assured that what has been going on here will not be allowed to continue. If your aim is to get banned and cry fowl then carry on.
Why do you think you know my "aim" and that it is to "get banned"? What have I done to get banned for in your informed opinion?

The beachfront owners that have invaded recently in a coordinated campaign are not welcome here unless they can't post respectfully and without attacking people.
Wow. BFOs have "invaded" South Walton and SoWal!? That's not conciliatory. Is inflammatory and seems like attack on people's motive. Then BFOs "are not welcome here unless they can't post respectfully and without attacking people." But you just attacked by accusing BFOs of "invading" too? Seems BMBV has a point.
Are you including this list of CU advocates that have attacked BFOs too? #493 Customary Use and Our 30A Legacy .

What issue would you like to stick to and respond to respectfully? How about if without CU South Walton will be a ghost town?
Or an outspoken repetitive CU claim that BMB owners quiet title of "public" (private) beach?

Edited

FloridaBeachBum avatar
Beach Fanatic
#931
I invite anyone to not just "dislike" my or any of the property rights or CU claims posts in the previous 2 months. Lets have a civil discourse on what is disliked or any of the CU or property rights issues discussed in the last 2 months. You choose first then I choose 1. Suggest it has to be a civil discourse with credible information that can be verified with facts.

Edited

Mike Jones avatar
Beach Fanatic
#932
Why do you think you know my "aim" and that it is to "get banned"? What have I done to get banned for in your informed opinion?


Wow. BFOs have "invaded" South Walton and SoWal!? That's not conciliatory. Is inflammatory and seems like attack on people's motive. Then BFOs "are not welcome here unless they can't post respectfully and without attacking people." But you just attacked by accusing BFOs of "invading" too? Seems BMBV has a point.
Are you including this list of CU advocates that have attacked BFOs too? #493 Customary Use and Our 30A Legacy .

What issue would you like to stick to and respond to respectfully? How about if without CU South Walton will be a ghost town?
Or an outspoken repetitive CU claim that BMB owners quiet title of "public" (private) beach?
I am referring to the piling on persons by name. Two in particular. One of whom is not here to defend himself. Personal attacks. Against the rules. Attacking issues or even a fro8is totally different. The invasion is on this forum. Anyone can see it.
And I don't think calling you a snowflake is a personal attack.
FloridaBeachBum avatar
Beach Fanatic
#933
I am referring to the piling on persons by name. Two in particular. One of whom is not here to defend himself. Personal attacks. Against the rules. Attacking issues or even a fro8is totally different. The invasion is on this forum. Anyone can see it.
And I don't think calling you a snowflake is a personal attack.
"Piling on"? Invite anyone you know to come an defend their public forum or social media positions and statements if they feel "attacked" by credible facts or present alternative credible facts. I know of no one who is shy about using social media and speaking in a public forum that could not have a civil discourse in an open forum. Is there anyone who can not present credible facts to support their CU positions that feels piled up on?
Define how BFO "invaded" and what "snowflake" means because your definitions and intent escapes me and I'm guessing I'm not the only one who can't see it. Seems more like an attack on BFOs and not the issues. Educate us please.

Edited

Beach Lover
#934
"Piling on"? Invite anyone you know to come an defend their public forum or social media positions and statements if they feel "attacked" by credible facts or present alternative credible facts. I know of no one who is shy about using social media and speaking in a public forum that could not have a civil discourse in an open forum. Is there anyone who can not present credible facts to support their CU positions that feels piled up on?
Define how BFO "invaded" and what "snowflake" means because your definitions and intent escapes me and I'm guessing I'm not the only one who can't see it. Seems more like an attack on BFOs and not the issues. Educate us please.
:nuts:
BlueMtnBeachVagrant avatar
Beach Fanatic
#936
I am referring to the piling on persons by name. Two in particular. One of whom is not here to defend himself. Personal attacks. Against the rules. Attacking issues or even a fro8is totally different. The invasion is on this forum. Anyone can see it.
And I don't think calling you a snowflake is a personal attack.
You are joking, right? And I mean all your statements.

So Mr. Jones, take the high road. What do you think we should we do to steer this travesty toward a quicker solution than waiting 10 years for the court to decide? Do you agree with FBFA’s stance regarding NO COMPROMISE?
FactorFiction avatar
Beach Fanatic
#938
Just for discussion sake, if BFO were willing to share the beach using the County's proposed "sole uses", but still retained the right to exclude if people would not abide by those sole uses and/or disturbed the quiet enjoyment of the owner and/or others on their property, could supporters of CU live with that? Part of the reason that the CU ordinance failed miserably was due to lack of understanding of the rules by virtually everyone (including code enforcement) and a lack of enforcement or ineffective enforcement due to not wanting to upset the tourists and lack of staffing. Two to three people per shift cannot cover the whole beach in any kind of timely fashion. The County could have avoided all of this IMO if they had established a set of rules that were similar to the sole uses across the entire beach and then truly enforced those sole uses. If CU advocates are willing to accept sole uses on privately owned beaches, would they accept it for ALL beaches? Based on the number of tents, canopies, newfangled sun shelters of varying kinds, gigantic coolers, blow up furniture, toys, and whatever else people can think of to drag down to the beach, I have difficulty believing that people will ever accept that they can't reserve and occupy the beach in whatever manner they see fit. Maybe THAT is why BFO are fighting to protect their rights rather than the widespread belief that they just don't want anybody on their beaches.
Dave Rauschkolb avatar
Beach Fanatic
#939
I ask again, is this really about behavior on the beaches? Or, is it about private property rights zealots pushing to exclude people from the beaches? Records are records; they can’t be altered or influenced. Has anyone looked back over the last 10 years to see how many complaints have occurred to the sheriff’s department or code enforcement from beachfront owners about behavior on the beaches? I know the answer. Do you?
FactorFiction avatar
Beach Fanatic
#941
I ask again, is this really about behavior on the beaches? Or, is it about private property rights zealots pushing to exclude people from the beaches? Records are records; they can’t be altered or influenced. Has anyone looked back over the last 10 years to see how many complaints have occurred to the sheriff’s department or code enforcement from beachfront owners about behavior on the beaches? I know the answer. Do you?
Dave, I understand why you question this, but I'm absolutely comfortable that a lot of it was behavior and density driven. If you go to meetings, you know how often variances and waivers are allowed, so density is an issue between the number of residences built (and perhaps put on weekly rental) and over 4 MILLION visitors. Take a representative sample and tell me how many people out of 4 Million don't think the rules apply to them or have no idea what the rules are. It's not that hard to understand.
FactorFiction avatar
Beach Fanatic
#942
Dave, let me give you an example: You own multiple restaurants. You cater to the public. In your restaurants, I imagine that you expect a certain level of decorum from your guests. You definitely have a maximum capacity. If, for whatever reason, your guests exceed your capacity, then they have to wait. If they become disruptive to your place of business or other clientele, but not to the point of criminal or illegal behavior, you have the right to intervene to correct the behavior, BUT.....if the behavior doesn't change, you have the right to ask them to leave and then get enforcement if they refuse. Seems fair to me. Also seems fair for BFO to have similar rights.
Beach Comber
#943
Dave, let me give you an example: You own multiple restaurants. You cater to the public. In your restaurants, I imagine that you expect a certain level of decorum from your guests. You definitely have a maximum capacity. If, for whatever reason, your guests exceed your capacity, then they have to wait. If they become disruptive to your place of business or other clientele, but not to the point of criminal or illegal behavior, you have the right to intervene to correct the behavior, BUT.....if the behavior doesn't change, you have the right to ask them to leave and then get enforcement if they refuse. Seems fair to me. Also seems fair for BFO to have similar rights.
Not a great analogy. Can't compare a building full of eaters to millions of sun seekers that thousands of other businesses depend on. Beachfront is going to go to the "greater good" {money rules}.
FactorFiction avatar
Beach Fanatic
#944
Not a great analogy. Can't compare a building full of eaters to millions of sun seekers that thousands of other businesses depend on. Beachfront is going to go to the "greater good" {money rules}.
I get your point, but we also have 19 miles (excludes the state parks) for the sun seekers and they are not all here the same week. If we count the parks, we have 26 miles. Not a perfect analogy by any means, but I think reasonable people can see the point I'm making. Can't you?
Dave Rauschkolb avatar
Beach Fanatic
#945
OK, Fact Or Fiction appreciate your point it is density driven and the concern is that there’s too many people and too many variances given. That’s why I worked very hard for three years with amazing people I am now lifelong friends with and are on both sides of the aisle and even this issue. And I spent nearly $40,000 of my own money to rally support to incorporate South Walton but those worried about taxes going up crushed that opportunity to have local representation. And some others who don’t want any control over development had a considerable influence as well.

The thing that bothers me is that those who are here and have theirs are trying to say I’ve got mine and we don’t want anybody else. Well, that’s not the way it works. Special places attract people and the people who invariably come require infrastructure and accommodations where they want to recreate. I’ve said it 1 million times “these are the good old days for the people just now moving here.”. Like in any city rules are created and enforcement is essential. If people don’t follow the rules and they are not enforced then there is anarchy. No one wants that so yes, we have to hold a representative officials accountable. However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. I was the first person to step up and offer solutions that actually were adopted. I engaged with beachfront owners to try to solve the problem but the die was cast and they wanted the whole apple and they currently have it. I truly believe that it’s temporary though.

I’m willing to sit down and work on solutions and I appreciate the fact that you addressed to me civilly without attacking me. By nature I’m an out-of-the-box thinker and a problem solver but this recent legislation in my book was yes, criminal and drastic and way out of line. So, how do we walk that back and restore our beaches to some semblance of shareable order? I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules.

One thing we seem to agree on is that the vending of Beach Chairs in the current incarnation has greatly exacerbated the problem and no vending should be allowed on any county public beaches the way it is currently set up. If someone wants to go to a county public beach and call up a phone number and have someone deliver some chairs and an umbrella in no specified zone that should be allowed, but only that. The rest of the county public beaches should be wide open for anyone to set up anywhere they wish; First come first served.

As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.

So again, To speak to your point those 4 million visitors can easily be educated; The TDC has plenty of money to educate people about the rules.

Do we really want Walton county to be the county in America that set the precedent that privatized beaches across the Nation? Or, do we want to be the beach community that figured it out and worked out a fair solution? The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts.

So I feel like I’ve given you a reasonable and respectful answer that offer solutions. And again, I appreciate the tenor of your response to my comments.


Very best regards,

Dave Rauschkolb

Edited

Bob Wells avatar
Beach Fanatic
#946
I shared with someone recently that enforcement in Walton County sucks. I don't know the reason, politics, lack of established guidelines or if there is no appetite to enforce the rules.
OK, Fact Or Fiction appreciate your point it is density driven and the concern is that there’s too many people and too many variances given. That’s why I worked very hard for three years with amazing people I am now lifelong friends with and are on both sides of the aisle and even this issue. And I spent nearly $40,000 of my own money to rally support to incorporate South Walton but those worried about taxes going up crushed that opportunity to have local representation. And some others who don’t want any control over development had a considerable influence as well.

The thing that bothers me is that those who are here and have theirs are trying to say I’ve got mine and we don’t want anybody else. Well, that’s not the way it works. Special places attract people and the people who invariably come require infrastructure and accommodations where they want to recreate. I’ve said it 1 million times “these are the good old days for the people just now moving here.”. Like in any city rules are created and enforcement is essential. If people don’t follow the rules and they are not enforced then there is anarchy. No one wants that so yes, we have to hold a representative officials accountable. However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. I was the first person to step up and offer solutions that actually were adopted. I engaged with beachfront owners to try to solve the problem but the die was cast and they wanted the whole apple and they currently have it. I truly believe that it’s temporary though.

I’m willing to sit down and work on solutions and I appreciate the fact that you addressed to me civilly without attacking me. By nature I’m an out-of-the-box thinker and a problem solver but this recent legislation in my book was yes, criminal and drastic and way out of line. So, how do we walk that back and restore our beaches to some semblance of shareable order? I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules.

One thing we seem to agree on is that the vending of Beach Chairs in the current incarnation has greatly exacerbated the problem and no vending should be allowed on any county public beaches the way it is currently set up. If someone wants to go to a county public beach and call up a phone number and have someone deliver some chairs and an umbrella in no specified zone that should be allowed, but only that. The rest of the county public beaches should be wide open for anyone to set up anywhere they wish; First come first served.

As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.

So again, To speak to your point those 4 million visitors can easily be educated; The TDC has plenty of money to educate people about the rules.

Do we really want Walton county to be the county in America that set the precedent that privatized beaches across the Nation? Or, do we want to be the beach community that figured it out and worked out a fair solution? The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts.

So I feel like I’ve given you a reasonable and respectful answer that offer solutions. And again, I appreciate the tenor of your response to my comments.


Very best regards,

Dave Rauschkolb
FactorFiction avatar
Beach Fanatic
#947
OK, Fact Or Fiction appreciate your point it is density driven and the concern is that there’s too many people and too many variances given. That’s why I worked very hard for three years with amazing people I am now lifelong friends with and are on both sides of the aisle and even this issue. And I spent nearly $40,000 of my own money to rally support to incorporate South Walton but those worried about taxes going up crushed that opportunity to have local representation. And some others who don’t want any control over development had a considerable influence as well.

The thing that bothers me is that those who are here and have theirs are trying to say I’ve got mine and we don’t want anybody else. Well, that’s not the way it works. Special places attract people and the people who invariably come require infrastructure and accommodations where they want to recreate. I’ve said it 1 million times “these are the good old days for the people just now moving here.”. Like in any city rules are created and enforcement is essential. If people don’t follow the rules and they are not enforced then there is anarchy. No one wants that so yes, we have to hold a representative officials accountable. However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. I was the first person to step up and offer solutions that actually were adopted. I engaged with beachfront owners to try to solve the problem but the die was cast and they wanted the whole apple and they currently have it. I truly believe that it’s temporary though.

I’m willing to sit down and work on solutions and I appreciate the fact that you addressed to me civilly without attacking me. By nature I’m an out-of-the-box thinker and a problem solver but this recent legislation in my book was yes, criminal and drastic and way out of line. So, how do we walk that back and restore our beaches to some semblance of shareable order? I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules.

One thing we seem to agree on is that the vending of Beach Chairs in the current incarnation has greatly exacerbated the problem and no vending should be allowed on any county public beaches the way it is currently set up. If someone wants to go to a county public beach and call up a phone number and have someone deliver some chairs and an umbrella in no specified zone that should be allowed, but only that. The rest of the county public beaches should be wide open for anyone to set up anywhere they wish; First come first served.

As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.

So again, To speak to your point those 4 million visitors can easily be educated; The TDC has plenty of money to educate people about the rules.

Do we really want Walton county to be the county in America that set the precedent that privatized beaches across the Nation? Or, do we want to be the beach community that figured it out and worked out a fair solution? The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts.

So I feel like I’ve given you a reasonable and respectful answer that offer solutions. And again, I appreciate the tenor of your response to my comments.


Very best regards,

Dave Rauschkolb

I appreciate your response, Dave. As I'm sure you probably expected, I cannot speak for BFOs; however, I know quite a few BFOs who truly have no problem sharing their deeded beach areas with people who are "minimalists" (chair, umbrella, towel, small cooler-sole uses kind of people). When you say, "However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. ," what are you referring to? I totally agree that setups, whether they be vendors or private citizens, without people using them are part of the problem. That is reserving the beach, not using it. First come, first served is a well understood policy and is perfectly appropriate for the beach. I cannot imagine another 5, 6, 7, 8 years or longer of the climate that currently exists in South Walton. At a minimum, it is important that we return to civility for our citizens and visitors. We all know the saying that beauty is only skin deep. We are fortunate and blessed to live in an extraordinarily beautiful place, but if the underlying current is ugly and hateful, it will still overcome the beauty in time.
Beach Lover
#948
I ask again, is this really about behavior on the beaches? Or, is it about private property rights zealots pushing to exclude people from the beaches? Records are records; they can’t be altered or influenced. Has anyone looked back over the last 10 years to see how many complaints have occurred to the sheriff’s department or code enforcement from beachfront owners about behavior on the beaches? I know the answer. Do you?

The root of the problem is too many people in a sensitive ecosystem. Beach behavior is a symptom of the sense of entitlement and overcrowding. The rate of destruction of the 30A ecosystem will actually ACCELERATE if the BCC somehow manages to remove constitutional private property rights and turn our beaches into a free for all.

Edited

BlueMtnBeachVagrant avatar
Beach Fanatic
#949
The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach.

A couple of compromises I recently threw out involve continued control of private beaches.

1. Remember the one I mentioned where adjacent beach front owners could capitalize instead of being abused - the owners could benefit from public rental of setups on private property. This allows the owners to continue getting the front row seats while allowing the public to rent setups on the same private beach. And eliminate vending on the public accesses altogether. Again, everybody wins in this scenario.

2. And just recently I mentioned allowing the public to access the back part of the private beach along with some sort of compensation.

Zip, zilch, nada, nothing - no constructive commentary / reply in the least.

So combine this “disinterest” in compromise along with your comment above....my humble opinion is that private beach will continue to remain private for many more years. You don’t want to really budge, just control the behavior of tourists. And for that, you think BFOs should simply give up their legally titled and deeded private property and get overran by millions of tourists per year.

Won’t happen.
FloridaBeachBum avatar
Beach Fanatic
#950
OK, Fact Or Fiction appreciate your point it is density driven and the concern is that there’s too many people and too many variances given.

However, changing the rules so drastically that it eliminates large swaths of the very reason why people come here is not acceptable under any conditions. I was the first person to step up and offer solutions that actually were adopted.

I’m willing to sit down and work on solutions and I appreciate the fact that you addressed to me civilly without attacking me. By nature I’m an out-of-the-box thinker and a problem solver but this recent legislation in my book was yes, criminal and drastic and way out of line. So, how do we walk that back and restore our beaches to some semblance of shareable order? I’m wide-open to suggestions that don’t include excluding the public from using the sandy parts of the beaches as long as they follow the rules.

As I’ve said before I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts then this truly could be solved.

So again, To speak to your point those 4 million visitors can easily be educated; The TDC has plenty of money to educate people about the rules.

Do we really want Walton county to be the county in America that set the precedent that privatized beaches across the Nation? Or, do we want to be the beach community that figured it out and worked out a fair solution? The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts.

So I feel like I’ve given you a reasonable and respectful answer that offer solutions. And again, I appreciate the tenor of your response to my comments.
Very best regards,
Dave Rauschkolb
Dave Rauschkolb, I appreciate a response without the CU rhetoric. I'm glad you are "willing to sit down and work on CU solutions". So am I and many BFOs. But you and other vocal CU advocates and self-described social-media CU warriors are not litigating against 1,193 beachfront parcels and 4,671 BFOs; Walton County Commissioners are, with millions of Walton tax payers dollars. Can you get the Commissioners to sit down with 4,671 not happy BFOs who many do not trust the Commissioners for a second; the way BFOs have been treated politically, legally, and by social media since 2015? Commissioner are reaping now what they sowed and CU social media have fertilized.

"... but this recent legislation [FS163.035] in my book was yes, criminal and drastic and way out of line." Criminal? That's drastic and dramatic; for a property owner Constitutional due-process law, don't you think?
Can you explain what is "criminal" about protecting property owner's "due-process" rights BEFORE claiming a property right of private enjoyment and use, that the SCOTUS has stated is ‘one of the most essential sticks in the bundle of rights that are commonly characterized as property.’ is null and void?

Describing a Florida statute voted for by 84% of the FL legislature, including local House Rep Brad Drake, and signed by the Governor, as "criminal" is not a great starting point for any discussion about public customary use of private property.

"restore our beaches to some semblance of shareable order?" First, the Commissioners and CU advocates like you have to respect and accept that private beachfront owners have the right to private use and enjoyment of the property they have title to and pay property taxes on - private property is not legally "shareable", just like every Walton private property owner. BFO's property just end at the water's edge of Florida. Second, the Commissioners and CU advocates like you have to respect and accept that BFOs, like our family who for many decades, by grace, willing shared their/our private property with others they did not invite or give license to use; but have the right to share or not. Without that respect and acceptance, there can be no option but for the courts to decide if public customary use of private property is superior than all Constitutionally protected private property bundle of rights and force BFOs to share. Only then can there be a possibility "we walk that back and restore our beaches to some semblance of shareable order?" I'm guessing that is not acceptable to the Commissioners' and your CU agenda so I'm guessing it's a moot point.

"I acknowledge private property but as long as people behave correctly on beach private property and follow whatever rules the county adopts" Acceptable regulated legal public behavior is expected and shall be enforced by the local Government regardless of CU or not and is not a condition for use of private property. I think you are genuine; but that is straw-man argument.

"4 million visitors can easily be educated"? 99.99998% of the beach going public know it is not acceptable and is trespassing to walk north-south across private property to access any beach - but I have seen it and had it happen to us maybe every other week during the summers. Public education is better than none but without prompt enforcement and consequences over time, education is not effective.

"the county in America that set the precedent that privatized beaches across the Nation?" You can not "privatize" beachfront property that is and has been private since the first government land grants and patents. "It is just that simple."
The sooner Commissioners and CU advocates like you stop the CU misinformation like quiet title and BF can't be built on (only because of Government police powers), is worthless, and not taxed (unless you have credible facts to present); the better too.

"The only thing I’ve been uncompromising about is the ability of beachfront owners to exclude people from the sandy parts of the beach. There’s plenty of compromise when it comes to setting up rules on those sandy parts." No there is not; without recognizing and respecting the legal bundle of littoral private property rights BFOs have had since 1776 and have today as recognized, even if not respected enough to enforce it, by the Sherriff's 2015 trespass SOP, there can be no other solution than the courts to rule if CU is Constitutional or if is CU is a "taking" of private property rights. Respectfully.

Happy Forth of July Independence Day

Edited

Dave Rauschkolb avatar
Beach Fanatic
#951
Not worth my time to continue talking. Thanks for the moment Fact or Fiction.

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