Testing the sand for Customary Use

[BlueMtnBeachVagrant]

To repeat... US includes anyone, locals, visitors and beach lovers near and far who care about keeping customary use of our beaches. Justin and Daniel care enough to go out and test the executive order which we now know has zero meaning or applicability. Their effort is just as important as anyone else's. We have a long way to go. Many challenges as a community. Let us work together.

Sorry, but if you think working together is pitting neighbor against neighbor and wasting the Sheriff’s resources and time, perhaps you need to revisit the spirit of truly working together. As a moderator, we all hold you to a higher level of standard.

 

[steel1man]

Good for Daniel and Justin. good for Daniel about the confederate flag issue too.

I did vote for Tump but i will never forgive Huckabees role in this matter of customary use - and i am not a bigot!!!!!!

Old Huck also purchased Full Page Ads opposing mostly "Free" beach re-nourishment ..

 

[debesquire]

Warning strong language

Florida Code on Criminal Assault:

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 .

Misdemeanors of the second degree in Florida can result in a jail term of up to 60 days and a fine of up to $500.

I would certainly make sure the Walton County DA sees this video. For such behavior there is NO excuse and should be no tolerance. I’m sure there is also a civil assault in Florida- which could go MUCH MUCH deeper into the ill-tempered bully’s pocket. Maybe that will calm him down since self-interest is clearly his prime motivator.
Just say’in.

 

[FloridaBeachBum]

US is our South Walton community. ... All of the people who are residents visitors and beach lovers near and far who want to always be able to walk and play on the world's most beautiful [75% private] beaches They are us.

You left out private property owners. That's the problem. Respect private property rights. Stop the emotional pleas not based in facts. Read and understand the laws and regulations. Stop the deliberate misinformation and vilification of property owners who understand the facts better than most - even emotional irrational attorneys. Things will get better on the beach - don't and it won't.

 

[FloridaBeachBum]

Show me one place in the Governors EO 18-202 where it references access to "the beach" or "private beach property". Every instance is access to "public beaches". The Governor EO assures access to PUBLIC beaches which all Floridians already have. The EO does not give permission to cross private property to access public beach. The EO does not give the public or attorneys who should know better permission to occupy private beachfront property. The EO does NOT give the Sheriff more discretion to NOT enforce the laws of the land. It does not give the Sheriff the ability to enforce property boundaries he makes up (wet sand) to substitute for the legal property boundary defined by the State of Florida (MHWL). If you read the EO it clarifies, not confuses, that the Governor directs state agencies to and local governments ... to ensure the ability of the public to access Florida's PUBLIC (not private) beaches ... unless you read it the way you what it to read and then regurgitate what you want to believe.

 

[FloridaBeachBum]

To further make the point that this was aimed at Walton County, here is a link showing where Flagler County's BCC passed their own customary use ordinance at their June 18th meeting, ahead of the July 1 deadline. The article even states that HB631 was passed "to address an issue in Walton County". Flagler County Passes Precedent-Setting Ordinance Protecting Public Use of Private Beaches, But Its Future Is Uncertain | FlaglerLive

This needs Florida noonday SUNSHINE.

Lets see - Walton customary use ordinance "beat" Florida Statute 163.035 by over a year (April Fools day 2017) and was voided by the new law - because there was not due process before Walton commissioners declared customary use of private property. Why would you think if one legal complaint was filed in Flagler that their ordinance would not be voided as well after a few weeks?

Florida Statute 163.035 provides "due process" to beachfront property owners. Walton County is the only county to NOT provide due process to property owners - reversing the Constitutional roles - making property owners Plaintiffs against a county ordinance with the burden of proof to show their own Constitutional property rights are superior to Walton's declared (political) common law customary use - without being able to dispute Walton's "facts" that do NOT comply with the MULTIPLE criteria of historical custom. FS 163.035 corrects that and it is the Governments responsibility, as Plaintiff, to prove that Constitutional property rights are inferior to customary use with rules of evidence. That's a much higher governmental Plaintiff burden of proof and rightfully so. It only takes MILLIONS of Walton tax payers money to try.

 

[Kaydence]

Sorry, but if you think working together is pitting neighbor against neighbor and wasting the Sheriff’s resources and time, perhaps you need to revisit the spirit of truly working together. As a moderator, we all hold you to a higher level of standard.

Best post ever.

 

[Emerald Drifter]

Lets see - Walton customary use ordinance "beat" Florida Statute 163.035 by over a year (April Fools day 2017) and was voided by the new law - because there was not due process before Walton commissioners declared customary use of private property. Why would you think if one legal complaint was filed in Flagler that their ordinance would not be voided as well after a few weeks?

Florida Statute 163.035 provides "due process" to beachfront property owners. Walton County is the only county to NOT provide due process to property owners - reversing the Constitutional roles - making property owners Plaintiffs against a county ordinance with the burden of proof to show their own Constitutional property rights are superior to Walton's declared (political) common law customary use - without being able to dispute Walton's "facts" that do NOT comply with the MULTIPLE criteria of historical custom. FS 163.035 corrects that and it is the Governments responsibility, as Plaintiff, to prove that Constitutional property rights are inferior to customary use with rules of evidence. That's a much higher governmental Plaintiff burden of proof and rightfully so. It only takes MILLIONS of Walton tax payers money to try.

You really should start writing a blog, or a novel. I am all for private property, and you will enjoy your beachfront home for now, but in the final decision, Florida's beaches will be deemed open and available to the public from Perdido all the way around to Fernandina Beach.

 

[Kaydence]

You left out private property owners. That's the problem. Respect private property rights. Stop the emotional pleas not based in facts. Read and understand the laws and regulations. Stop the deliberate misinformation and vilification of property owners who understand the facts better than most - even emotional irrational attorneys. Things will get better on the beach - don't and it won't.

This is for both you @FloridaBeachBum and @BlueMtnBeachVagrant...

We know of each other but I don't think I have ever met either of you. If I were to come to the beach and sit peacefully and quietly on the dry sand would I be escorted off your property for trespassing? If the answer is no...

If I came and brought my 10 by 10 tent, gas brill, boom box, big screen TV, a keg of coors light and invited 75 first year college students would I still be welcome?

The reason I'm asking is I think there should be a happy medium even though I realize you believe according to the law you don't have to negotiate your property.

 

[EZ4144]

You really should start writing a blog, or a novel. I am all for private property, and you will enjoy your beachfront home for now, but in the final decision, Florida's beaches will be deemed open and available to the public from Perdido all the way around to Fernandina Beach.

And they will all be gone because of Trump's environmental disaster idiocy and his friends' greed.