C. Jones Goes to Tallahassee

Discussion in 'Local Government and Groups' started by Kaydence, Jan 26, 2018.

  1. Kaydence

    Kaydence Beach Fanatic

    Joined:
    Jan 19, 2017
    Messages:
    1,553
    Likes Received:
    312
    Location:
    Florida
    WALTON COUNTY, Fla. (WJHG/WECP) - With the 2018 state legislative session underway, many local representatives are heading to Tallahassee to listen in and speak up about issues they believe in.

    Last week, Walton County Commissioner Cecilia Jones made her way to Tallahassee.

    Jones is concerned over a constitutional revision allowing state lawmakers to determine rules and regulations on a smaller scale, which would take away some lawmaking abilities from city and county officials.

    "I'm all about local government and local control. I feel like we, as elected officials, know better our constituents and the needs of our county. We certainly appreciate Tallahassee, you know, and we always welcome input but I think the final decision should rest with us," Jones said.

    Jones voiced that one concern is the right to decide where certain establishments, such as marijuana dispensaries and strip clubs, could be would be made by state lawmakers and not local officials.

    "The bill I'm so concerned about would tell us where to put strip joints, where we could put the drug distributing houses. We want to keep those places away from our children, away from our churches, and we want to make the decision on where these places go," Jones added. "It would hurt our local businesses because they would be making decisions in Tallahassee. Local businesses would have to go over there, spend their money to try and fight for their rights."

    While there, she also listened in on session discussion on customary land use.

    "I did attend the customary use session and it's the same thing going on with other issues. Tallahassee wants to move the decision making to Tallahassee," she said, stating the economic importance of pubic use on the beaches. "I support the public use of the beach. I feel like we have customarily used these beaches as long as I ever remember and even back as far as the [Native Americans] were here. So again, I think it's a local decision that the local government makes."

    Jones said although the talk about customary land use is moving forward, it still has many obstacles to overcome before a final decision is made.

    Tuesday, Walton County commissioners agreed to sign a letter against 'home rule.'

    www.wjhg.com/content/news/Local-officials-speak-up-in-Tallahassee-470789783.html
     
    • Informative Informative x 1
    • List
  2. formosa64

    formosa64 Beach Lover

    Joined:
    Apr 18, 2017
    Messages:
    62
    Likes Received:
    18
    Location:
    Seacrest Beach
    Does Jones even realize that the very reason the customary use restriction is being brought up as a bill is Walton County's incredible over reach?

    She completely misstates what customary use doctrine is and how it is to be applied. Using her argument there would not be any private property anywhere in the USA. The Native Americans used ALL this land. I knew how ridiculous this whole farce was when I reviewed that high school level powerpoint.
     
    • Like Like x 1
    • Agree Agree x 1
    • List
  3. Bob Wells

    Bob Wells Beach Fanatic

    Joined:
    Jul 25, 2008
    Messages:
    3,120
    Likes Received:
    796
    Are you sure that is the reason? Based on the reading of the bill, Walton County is the most recent legal citing, but this also includes Daytona and Volusia County.
     
    Last edited: Jan 26, 2018
  4. formosa64

    formosa64 Beach Lover

    Joined:
    Apr 18, 2017
    Messages:
    62
    Likes Received:
    18
    Location:
    Seacrest Beach
    Let's see - Walton County has been the only county in FLA (that I know of) recently to enact a county wide customary use ordinance that failed to follow the FLA SC ruling that stated that customary use was to be applied on a per parcel basis and ruled by a court.

    The reason Volusia county got away with it is that the pubic had been driving cars on the beach for decades - and there was no dispute or defense of private property. St. John's appears to be very similar to Walton - by misusing the Tona-Rama case and not including Reynolds.

    There's nothing about the bill that says the "state" is taking control as Jones suggests. That's a red herring.

    The language of the bill tells it's purpose. By the language, it is reasonable to presume that the State doesn't want to see this happen to private property owners without a court ruling (that's what the bill states) - and since it is also worded to void existing customary use ordinances passed after January 1, 2016, that leaves only one that would be voided - Walton County. Occam's Razor.

    Local commissioners should not be doing the job of the courts and that's what Walton County did - only a court can decide if the use of a particular property has been without dispute and uninterrupted and therefore common law doctrine should apply - Walton County also failed to allow property owners to show that their property did not meet the conditions of customary use.

    Reynold's clarified Tony-Rama: "[t]hat doctrine requires the courts to ascertain in each case the degree of customary and ancient use the beach has been subjected to and, in addition, to balance whether the proposed use of the land by the fee owners will interfere with such use enjoyed by the public in the past."

    So the bill simply forces local governments to honor the requirements of determining customary-use. And not use some high-school level powerpoint with pictures of Indian's on horseback riding on the beach as some sort of legal determination. That was a complete joke.

    And what do you think the reason is?
     
    Last edited: Jan 26, 2018
    • Agree Agree x 2
    • Like Like x 1
    • List
  5. Kaydence

    Kaydence Beach Fanatic

    Joined:
    Jan 19, 2017
    Messages:
    1,553
    Likes Received:
    312
    Location:
    Florida
    I had to look up Occam's Razor. :p
     
  6. formosa64

    formosa64 Beach Lover

    Joined:
    Apr 18, 2017
    Messages:
    62
    Likes Received:
    18
    Location:
    Seacrest Beach
    No, the bill as it is currently written, will not affect Volusia or Daytona (which is in Volusia county) - as the bill only void anything after January 1, 2016 which directly targets Walton County.
     
  7. Bob Wells

    Bob Wells Beach Fanatic

    Joined:
    Jul 25, 2008
    Messages:
    3,120
    Likes Received:
    796
    Thank you
     
  8. Suzanne Harris

    Suzanne Harris Beach Fanatic

    Joined:
    Aug 19, 2008
    Messages:
    353
    Likes Received:
    89
    Bottom line is a Commissioner speaking against got no attention could it be they realize some commissioners repredtimg the citizens are only representing special interest. Whatever this passed by a large majority out of this committee, in spite of four commissioners speaking about why they should have control.

    My guess is their trip to Washington will end up only being a vacation for Tony, Cecilia and Stand Sunday next week.
     
  9. FactorFiction

    FactorFiction Beach Fanatic

    Joined:
    Feb 18, 2016
    Messages:
    494
    Likes Received:
    175
    Part of the reason for not affecting Volusia or Daytona is that their customary use went through the courts FIRST before creating the ordinances rather than the way it was done in Walton County.
     
  10. Kaydence

    Kaydence Beach Fanatic

    Joined:
    Jan 19, 2017
    Messages:
    1,553
    Likes Received:
    312
    Location:
    Florida
    Because our Commissioners (Nipper excluded) are a complete joke!
     
    • Like Like x 1
    • Agree Agree x 1
    • List

Share This Page