Any truth to the rumor?

I spent a chunk of time Saturday on the internet. Besides Beach Highlands, Blue Mountain and Seagrove, beachfront owners have also gotten title to parcels in Seacrest. There are very few lots left between Stallworth and Inlet Beach that don't now go to the Mean High Water, and all but a few of the remaining ones appear to me to be at risk, based on what I saw in the public records. It appears that very soon we will end up with only the regional beach parks and the state parks. This has huge implications for tourism and property values. People who could not afford beachfront and invested here a few tiers or blocks back are going to be surprised when they or their guests discover they are no longer welcome on beaches they have used for years.

How does one get to Topsail Hill Preserve State Park from the East except to walk the beach at Stallworth?
Are private land owners blocking access to a state park?
Isn't the mean high water somewhere up in the dry sand for the most part?
If I'm walking the beach down near or at the surf line, isn't this beyond the mean high line with few exceptions such as a tropical storm?

My understanding of the situation:
Beaches move and so does the mean-high-water line. It's a
real problem that the legal description of beachfront properties
doesn't seem to change with respect to the mean high-water line,
so beachfront property owners can claim trespassing and it
would be up to the person who is accused of trespassing to have
a mean-high-water survey and prove that they were not trespassing.
This seems wrong. I believe that we should all have free passage
along the entire beach. Some states have adopted a customary use
statute for all of their beaches. Would this be the right direction
for Florida to go?

My wife and I are planning on attending this meeting.

Repost from an email that I received this morning:

"In case you haven't heard, beachfront homeowners at Stallworth have gone to court to get "quiet title" to beaches on 30A. This means we have no longer have legal right to relax, fish or walk on the beach. I read that this type of legal action has recently occurred at Blue Mountain & Seagrove too. Yesterday, I'm told, a full time resident was walking on the water's edge at Stallworth and 2 WCSO officers were summoned to ask her to leave. When will that happen to you, your family or friends? This legal action taken by a few may result in negative economic impact for Walton County too. Once other beachfront homeowners do this up & down 30A, area guests will have very limited beach access -- so why visit here? And that would affect your businesses, personal incomes, property values and county tax revenues long term. And you thought BP Tar Balls were bad for our economy... All of this is happening NOW on 30A.

Tomorrow morning at 9 a.m. Walton County Commissioners will meet at the courthouse in Defuniak Springs where they have "beach issues" on the agenda. It is anticipated this situation on 30A will be discussed. If you are concerned, here's what you can do: * EMAIL OR CALL ALL COMMISSIONERS TODAY; * ATTEND THE MEETING; & * SHARE. William "Bill" Chapman (R), District 1 Commissioner District Office: 9446 Rock Hill Road Ponce de Leon, FL 32455 Office (850) 835-4860 Fax (850) 835-4836 chabill@co.walton.fl.us Jeff Skipper Commissioner's Aide skijeff@co.walton.fl.us Cecilia Jones (R), District 2 Commissioner, Vice-Chair District Office: 552 Walton Road DeFuniak Springs, FL 32433 Office (850) 892-4020 joncecilia@co.walton.fl.us Evelyn Strickland Executive Assistant strevelyn@co.walton.fl.us Bill Imfeld (R), District 3 Commissioner District Office: 6570 US Hwy 90 West DeFuniak Springs, FL 32433 Office (850) 892-8474 Fax (850) 892-4204 imfbill@co.walton.fl.us Evelyn Smith Commissioner's Aide smievelyn@co.walton.fl.us Sara Comander (R), District 4 Commissioner, Chair District Office: 263 Chaffin Avenue DeFuniak Springs, FL 32433 Office (850) 835-4834 Fax (850) 951-0868 comsara@co.walton.fl.us Melinda Wickham Commissioner's Aide wicmelinda@co.walton.fl.us Cindy Meadows (R), District 5 Commissioner District Office: 70 Logan Lane Santa Rosa Beach, FL 32459 Office (850) 231-2978 Fax (850) 231-3872 meacindy@co.walton.fl.us Susan MacDonald Commissioner's Aide macsusan@co.walton.fl.us"

"o. Yesterday, I'm told, a full time resident was walking on the water's edge at Stallworth and 2 WCSO officers were summoned to ask her to leave." Either this resident is walking at turtle speed or lot is large..if you call WCSO to come out and hour later she is still walking...something isn't right...

Walton County Sheriff Mike Adkinson has created a Standard Operating Procedure (SOP) that outlines for beach front owners with Private Property on the beach, exactly how to compile a large packet of information that costs a few thousand dollars.

Unless you have this packet and have submitted it to WCSO, they will not enforce trespassing laws on your property.

I hope they initiate the same policy in rural areas in the north end of the county too.

Your private property is being stolen from you each minute. Walton County Beaches (those that are private) is only the first step.

That's why responsible property owners are taking steps to prevent this including Quiet Title.

The County has failed miserably in securing beach property for all to us. Their attempt at "re-nourishment" failed and thus they need a new angle to fix their mess.

Blame falls to the sins of the past BCC and that darn TDC... Failures each of them.

My understanding of the situation:
Beaches move and so does the mean-high-water line. It's a
real problem that the legal description of beachfront properties
doesn't seem to change with respect to the mean high-water line,
so beachfront property owners can claim trespassing and it
would be up to the person who is accused of trespassing to have
a mean-high-water survey and prove that they were not trespassing.
This seems wrong. I believe that we should all have free passage
along the entire beach. Some states have adopted a customary use
statute for all of their beaches. Would this be the right direction
for Florida to go?

From what I understand it is the PROPERTY OWNER that has to prove the MHWL with a CURRENT topographical survey.

"o. Yesterday, I'm told, a full time resident was walking on the water's edge at Stallworth and 2 WCSO officers were summoned to ask her to leave." Either this resident is walking at turtle speed or lot is large..if you call WCSO to come out and hour later she is still walking...something isn't right...

It was an older lady and she walked past and then back. Po-po were there on the way back. She was on wet sand the entire time, and the officer was rather annoyed to be summoned for such a stupid thing as she was obviously doing nothing wrong and a danger to noone.

It appears to me that the default action by the WCSO is to assume the adjacent property owner complainant is correct in their trespass allegation. In my opinion There was no reason to confront the beach walker, but there may have been a very good reason to confront the land owner for making a false accusation of trespass. That is my prejudiced opinion as a retired police officer.

My understanding is that traversing the "wet sand" area is not something for which WCSO will enforce trespass. Something doesn't add up.

What kind of beach front property owner calls the police for people walking on the beach? I do believe our deputies can be used in better ways than keeping people off the beach.

From what I understand it is the PROPERTY OWNER that has to prove the MHWL with a CURRENT topographical survey.

Innocent until proven guilty? I like that!

This past spring I witnessed an altercation between an individual who walked out of a gulf front property called "Salt Cake" (Gulf Trace neighborhood) to confront people who were sitting in chairs at or near the water line in front of his property. They refused to leave. I got the impression that they lived in the neighborhood.

The "Salt Cake" property has placed a no trespassing sign which can be seen as you walk over the western neighborhood beach access in Gulf Trace. The "Salt Cake" sign warns against trespass and claims all beach property to the water line.

On subsequent beach walks, I have observed the public complying with the signage, placing chairs and umbrellas away from his "property lines".

Keep in mind that the property in question is directly adjacent to the neighborhood beach access. If additional beach front owners initiate the same tactics, beach access for the neighborhood could be in jeopardy.

This past spring I witnessed an altercation between an individual who walked out of a gulf front property called "Salt Cake" (Gulf Trace neighborhood) to confront people who were sitting in chairs at or near the water line in front of his property. They refused to leave. I got the impression that they lived in the neighborhood.

The "Salt Cake" property has placed a no trespassing sign which can be seen as you walk over the western neighborhood beach access in Gulf Trace. The "Salt Cake" sign warns against trespass and claims all beach property to the water line.

On subsequent beach walks, I have observed the public complying with the signage, placing chairs and umbrellas away from his "property lines".

Keep in mind that the property in question is directly adjacent to the neighborhood beach access. If additional beach front owners initiate the same tactics, beach access for the neighborhood could be in jeopardy.

Yes, this is called protecting your private property rights.

The man was trying to keep tourists off his private property.

How would you react if you lived next to a city or county park (public) and each weekend you had spill over from the park into your yard?

That's the scenario here in Walton on the beaches. Also here in Walton, our law enforcement requires the private property owner to now compile a packet to Prove you own your " yard"...(political?).

I understand both sides of the issue and currently side with those seeking to protect their private property.

I place blame not on them, but squarely on the shoulders of the BCC (past & present) along with Dawn M., from TDC for the mega marketing, knee jerk reaction to the oil spill that has flooded our area and its beaches with more tourists than we could ever possibly handle.

This is evidenced by beach access overcrowding, roads backed up for miles, unit occupancy out of control with closets turned into bunk rooms for children, etc.

The chickens have come home to roost for sure.

Paradise is lost. Enjoy while you can.

The quiet title issue is on the agenda for this morning's county commission meeting in Defuniak

View attachment 58842

This particular situation in Gulf Trace is a little bit different than the typical public beach accesses we see along 30A. This is a neighborhood access with NO public parking and is accessed by people in the Gulf Trace neighborhood. The people you refer to as "tourists" are the people that either own homes in the neighborhood or are renting those homes from the owners. My problem is that I foresee a trend where more and more Gulf front property owners will feel emboldened to claim their beach front all the way to the water line. When that happens, you will walk down the beach access and then have no where to fish, swim or sit in a lawn chair, etc.

I have posted a couple of photos of the sign and access point. Imagine these types of signs at every beach access. Not very friendly and perhaps not even legal.

Yes, this is called protecting your private property rights.

The man was trying to keep tourists off his private property.

How would you react if you lived next to a city or county park (public) and each weekend you had spill over from the park into your yard?

That's the scenario here in Walton on the beaches. Also here in Walton, our law enforcement requires the private property owner to now compile a packet to Prove you own your " yard"...(political?).

I understand both sides of the issue and currently side with those seeking to protect their private property.

I place blame not on them, but squarely on the shoulders of the BCC (past & present) along with Dawn M., from TDC for the mega marketing, knee jerk reaction to the oil spill that has flooded our area and its beaches with more tourists than we could ever possibly handle.

This is evidenced by beach access overcrowding, roads backed up for miles, unit occupancy out of control with closets turned into bunk rooms for children, etc.

The chickens have come home to roost for sure.

Paradise is lost. Enjoy while you can.

You make some very good points Garner. And also point out that it's not an easy issue from either side.

I still have a hard time thinking of any beach as being private and off limits to people walking or sitting down to enjoy the Gulf of Mexico. Many beaches are private at resorts and exclusive neighborhoods. And now individual gulf front property owners are claiming their own beach as private. Not sure the answer.

In opposition to the comment of Sheriff Mike Adkinson this AM at the BCC meeting, this issue really isn't that "complicated". It may be complicated for him as he panders to numbers for votes, but if a property owner has the proper legal paperwork that shows they own land, be it sand or not, they they legally own it.

That's the issue here. Do you (property owner) own the beach your property is on. If you can prove it, then you DO. If you thought you did and don't have any legal documentation, then you DON'T. What is so hard to understand?

The sheriff was quick to pass the responsibility off to the BCC, which he is good at doing, blaming someone else and telling everyone how his hands are tied... He's become masterful at playing politics while serving as the sheriff, from the Beach Issues to Wedding Houses, etc. Have to give him credit, he's pretty slick.

What was most interesting and what occurred after he (sheriff) left, was the bombshell from Larry Jones about the "Beach Mouse Police" coming to town and telling him how they will be enforcing the protection of the beach mouse habitat. This is going to drastically effect anyone looking to build on the beach front and it the habitat zone. Pushing the permit process back one to two years...

The following is the conclusion portion of a paper written by S. Brent Spain entitled "FLORIDA BEACH ACCESS: NOTHING BUT WET SAND?"

I have also included a link to this paper, which summaries recent court cases involving beach access, including a relevant Destin, Fl case. The TDC and BCC should start banking money, pass a customary use ordinance and prepare to defend it in court.

BEACH ACCESS

"Despite numerous calls during the past twenty-five years for legislation at the state level to protect the public's right to utilize the dry sand areas of Florida beaches,[141][142] In the absence of adequate state legislation, local governments and the judiciary have the burden and responsibility to protect public beach access. In City of Daytona Beach v. Tona-Rama, Inc.,[143] the Florida Supreme Court recognized the doctrine of customary use as a means by which the public may secure rights to utilize the dry sand areas of Florida beaches for traditional recreational activities.[144][145]

In a state such as Florida, which is a favorite tourist destination[146][147] the issue of adequate public beach access should be a priority. Few, if any, of the state's tourists are probably aware that the majority of Florida beaches are privately owned.[148] One can easily imagine the surprise and shock of unsuspecting visitors to Florida who are threatened with arrest for trespassing because the beach they are enjoying is private property.[149] Indeed, the frequency of such incidents is likely to increase, absent adequate protective measures, as tourists and coastal residents place more and more pressure upon Florida's coastal resources. Florida and its residents should not, and cannot afford to, "bite the hand that feeds," so to speak. In light of the State Legislature's failure to adequately protect public beach access, local governments should adopt ordinances protecting the public's long-standing customary use of the dry sand areas of their beaches.[150] Without such measures, the Florida public may very well be left with nothing but wet sand"

And here's another article from 2009:
Sand for the People:

Unfortunately the Sheriff is an elected position and so very political. I've always felt that public safety programs and it's chief law officer should be professional and not elected. . Go beach mice!

Commissioners voted to hold 3 public workshops in March to address beach access issues.

Unfortunately the Sheriff is an elected position and so very political. I've always felt that public safety programs and it's chief law officer should be professional and not elected. . Go beach mice!

Go Mice Templar!!!

Unfortunately, you are correct that the office of Sheriff is VERY political, not just here, but in most Florida Counties.

Here in Walton, we have an Elected Official as Sheriff that is related to others very close and VERY involved in other facets of County and City Government. I don't see that in other Florida Counties, if it is, its not as obvious as it is here.

The Adkinson Law Firm, composed of Clay and Clayton Adkinson have hands in most County, and City (DeFuniak and Freeport) business. Clay was also the TDC attorney. The sheriff, a direct and close relation is the elected sheriff that is supposed to provide unbiased enforcement of law. Go look at who raised the money for sheriff Mike when he ran for his first term. Must make his job very difficult.

With childhood friends that are past BCC Members that were hit with ethics complaints, large donors that were indicted / investigated and family in high positions of power, is it any wonder there are questions?

I think its fair to question the set up of our Entire County Government, not just the office of sheriff, although his kicking the can to the BCC was quite telling today.

As the woman from DFS commented today at the BCC Meeting, and I'm paraphrasing; "all of the employees here are related". Yes ma'am they are...

It was a classic moment and assuming its not edited out, is worth the view on the County Video. What's even better is that she is from DeFuniak Springs which threw many of the BCC off during the meeting.

to clarify Misty's post: there is to be one workshop with three proposed dates; the first choice being March 16th at Emerald Coast Middle School

Thanks to all for continued support and vigilance for our beaches,

The sheriffs departments going to be very busy with nusance calls regarding trespassers instead of protecting and serving the county......

Anyone know exactly how many beach owners have completed their WCSO SOP packet?

That would give us a good number as to how "busy" they'll be. They won't enforce Trespassing if you don't have it.