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tsutcli

Beach Fanatic
Jan 14, 2008
921
109
Seacrest
There will be yet another county meeting Friday about beach clean-up. They hope to have those legal issues satisfied and it is my understanding the beach will be cleaned up but they are going to discuss strategy. Consistency will also be an issue.
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
Good luck with that one. On a dark night, hazards are not clearly visible. Many cases have been won by the victim, even when trespassing on property fenced off with warning signs. Damage in this case would come from negligence, and my attorneys would be showing your negligence in leaving hazards on the beach which the public has been using for a long time.


And you believe you have no 'personal responsibility' for stumbling around in the dark on a sandy beach?
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
To get to the beach I MUST walk past at least 3 large signs telling me that I cannot leave items on the beach overnight. One is basic beach rules. One is all about turtles nesting. One is ONLY telling me that I can't leave items on the beach.

To leave the beach I MUST walk past 2 signs WHOSE ONLY PURPOSE is to tell me I cannot leave items on the beach or they will be discarded. One is mounted above a trash can.

This is at a relatively hidden neighborhood access w/ no parking, bathroom, etc. just a path, stairs, and signs (that keep multiplying due to lawyers and apparently epidemic stupidity).

At what point have myself and other beachgoers not been informed 1) that they cannot leave items on the beach overnight 2) the reason why?

I posit that anyone who does not know these 2 facts is so stupid that they couldn't find the beach, let alone their arse w/ both hands!

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated....


...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.



Them silly amendments keep getting in the way of emotional rule. Darn it all.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
I've got your consistency right here:

Items left on the beach overnight will be discarded.

No exceptions, no tags, no warnings, no whining.

Any "private" landowner who does not comply is in violation of the Federal Endangered Species Act of 1973 and the Chapter 370.12 Florida Statutes "Marine Turtle Protection Act" and may be subject to prosecution and fines by both the Florida Department of Environmental Protection and U.S. Fish and Wildlife Services with fines up to $10,000.

The signs are already up, the statutes/fines are already there, the jurisdictions and review process for any permanent structures in that zone already exist, and common sense in on our side.

All Walton County has to do is put on their big girl panties and enforce it.
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
I've got your consistency right here:

Items left on the beach overnight will be discarded.

No exceptions, no tags, no warnings, no whining.

Any "private" landowner who does not comply is in violation of the Federal Endangered Species Act of 1973 and the Chapter 370.12 Florida Statutes "Marine Turtle Protection Act" and may be subject to prosecution and fines by both the Florida Department of Environmental Protection and U.S. Fish and Wildlife Services with fines up to $10,000.

The signs are already up, the statutes/fines are already there, the jurisdictions and review process for any permanent structures in that zone already exist, and common sense in on our side.

All Walton County has to do is put on their big girl panties and enforce it.


So glad that those guys that went to school for years and years and have actually studied law are advising the county on this one.
 

NotDeadYet

Beach Fanatic
Jul 7, 2007
1,422
489
This is at a relatively hidden neighborhood access w/ no parking, bathroom, etc. just a path, stairs, and signs (that keep multiplying due to lawyers and apparently epidemic stupidity).
Scoot, I think you are having trouble understanding this because you do in fact use a public access, albeit a relatively hidden one. The public access I use is also relatively hidden, but it is used mostly by locals. Right next to it, on both the east and west, are private walkovers built by the adjoining condo complexes. The majority of people on "my" beach (no, not claiming ownership, a figure of speech only!) are short term renters from the condos. They don't use the public walkover, they use the condo walkovers, and there are no signs of any kind on those walkovers. Nada, zilch. Nothing about the flags, nothing about rules, turtles, or anything else. If you wander the beach you will realize that the private walkovers, whether for single family or multi family properties, vastly outnumber the public walkovers, and most of them have no signs.
The vacation rental market is going to have to step up and educate their guests, and that ain't happening.
 

wrobert

Beach Fanatic
Nov 21, 2007
4,134
575
61
DeFuniak Springs
www.defuniaksprings.com
I've got your consistency right here:

Chapter 370.12 Florida Statutes "Marine Turtle Protection Act"


I am unable to locate this Statute through the Online Sunshine web page. Probably repealed or not signed due to its lack of constitutionality on its face.


I did find this:

FS 379.2431

[SIZE=-1](c) As used in this subsection, the following phrases have the following meanings: [/SIZE]
[SIZE=-1]1. A "properly accredited person" is: [/SIZE]
[SIZE=-1]a. Students of colleges or universities whose studies with saltwater animals are under the direction of their teacher or professor; or [/SIZE]
[SIZE=-1]b. Scientific or technical faculty of public or private colleges or universities; or [/SIZE]
[SIZE=-1]c. Scientific or technical employees of private research institutions and consulting firms; or [/SIZE]
[SIZE=-1]d. Scientific or technical employees of city, county, state, or federal research or regulatory agencies; or [/SIZE]
[SIZE=-1]e. Members in good standing or recognized and properly chartered conservation organizations, the Audubon Society, or the Sierra Club; or [/SIZE]
[SIZE=-1]f. Persons affiliated with aquarium facilities or museums, or contracted as an agent therefor, which are open to the public with or without an admission fee; or [/SIZE]
[SIZE=-1]g. Persons without specific affiliations listed above, but who are recognized by the commission for their contributions to marine conservation such as scientific or technical publications, or through a history of cooperation with the commission in conservation programs such as turtle nesting surveys, or through advanced educational programs such as high school marine science centers.
[/SIZE]



[SIZE=-1]Which seems to say that the Sea Turtle people do not have to be anything special other than have a High School Marine Science class to move turtle nests. Sort of defeats the sole source provision of the $80K contract we are paying to the Turtle Watch volunteers. Now to get that contract from the TDC. Thanks.[/SIZE]


[SIZE=-1]And unless the Fed can show that leaving stuff on my property is going to have an adverse affect on interstate commerce, they have no Constitutional power to impose any regulations.
[/SIZE]
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
I understand that there may not be signage at every private access (which is dumb if they rent it out IMO), but they are still given that information in pamphlets, the free newspaper, in displays in local businesses, in TV ads..........

Frankly, I don't understand why we have to bend over backwards to inform people of something they should have learned in kindegarten - pick up after yourself!

WR - dunno why you can't find it, I was sent information repeatedly referencing that statute by the FDEP within the last couple of months. :dunno:
 

BeachSiO2

Beach Fanatic
Jun 16, 2006
3,294
737
[SIZE=-1]Which seems to say that the Sea Turtle people do not have to be anything special other than have a High School Marine Science class to move turtle nests. Sort of defeats the sole source provision of the $80K contract we are paying to the Turtle Watch volunteers. Now to get that contract from the TDC. Thanks.[/SIZE]
[SIZE=-1]
[/SIZE]

If you were to get approved by the Florida Fish and Wildlife Commission (FWC) and the US Fish and Wildlife Service (USFWS) to be a marine turtle permit holder FOR WALTON COUNTY; be willing to check all 20 miles of beaches every morning come rain, sun, sleet, hail by 9am from May 1 through October 31st (on foot vehicles are not used); move nests at all hours of the night; be responsible for having someone on site during turtle hatching periods, strandings and necropsies; serve on the TDC's Beach Management Committee and attend their meetings; perform beach clearing at all TDC beach access construction sites when neccesary; submit all state and federal documentation; and do everything else that the FWC and USFWS requires them to do for less than $80,000, then the TDC would sure like to hear about it.

As I told you in a PM, per USFWS and FWC there is currently only one turtle permit holder for Walton County but feel free to get yours and come in lower than $80k.
 
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