It seems there is confusion and discussion in the community over an FBFA piece from DR that has appeared in many public venues. Ricky Garcia, of Santa Rosa Beach(?) has leveled the discussion on an FBFA FB page to more objective facts, rather than subjective heresay... interesting discussion point?
Ricky Garcia:
Although very powerful, this post is an opinion piece, improperly stating a few facts that create a false premise. While we should all respect each other’s positions and opinions on local matters, it’s important that facts not be misrepresented to make one’s point. A legal scholar might have rewritten this post, with correct factual and current legal statutes, to read as follows...
Advocates for Private Beaches say the County is unfairly suing 1200+ beachfront owners, and many of those are multi family units, resulting in nearly 5,000 owners being sued by county.
The County is now properly following the procedures set forth in a popularly supported and passed by more than a super majority in both state legislative bodies, House Bill 631 designed to affirm an existing state process for beach counties wishing to establish Customary Use. A Bill beachfront owners supported in addition to the current “one off” court cases. They support the Bill that reaffirms the legal process that required a judicial body to rule on Customary Use, rather than such an obvious illegal overreach by a local political body.
Any Customary Use Ordinance, by law, requires a decision in the courts. Florida Legislature at the urging of those lawmakers recognizing proper existing legal process, properly applied existing state law against the home rule overreach by our local County Commissioners in a previous unlawful ordinance.
Customary Use argument should have originally been litigated until a Judge ruled in that case, so the Florida Legislature, by starting the reconfirming law on July 1, 2018 required the people wishing for the public to enjoy full use of our private beaches, a path different from the customary history of public and private beaches in Walton County that has existed for centuries. This start date, confirming Florida and US Constitutional property rights, validated beachfront property owners rights to exclude unruly and arbitrary people from the sands they have owned with their families for hundreds of years. This will correctly let the Judge decide what the go forward process will be.
NO, the County did not just arbitrarily decide to sue the 1200 + properties, aka 5,000 owners, they were legally required to follow the proper legal procedure from the Florida Legislature and reacting to the unlawful establishment of our County’s unlawfully passed County Ordinance. The County was put into a box; it was either immediately and forever lose the Hail Mary attempt at an unlawful ordinance for use of the private beaches for it's public citizens and visitors - or follow the HB631 procedures to properly establish Customary Use.
It is fact, however, that Customary Use law has never legally existed in Walton County. Further, it is also succinct and proven fact that no public beach has been newly “privatized” by any law, including Quiet Title actions. Those actions merely confirmed or further defined already long ownership for many decades, that private beach.
The county had no choice; follow the procedures set forth in house bill 631, and long standing state law, or let our beaches remain a patchwork of 50% private and 50% public beaches. I, in my opinion as President of FBFA, admire and applaud their conviction by taking measures towards the public use of all of our private beaches for us and future generations. And if this lawsuit is won the rest of Florida and The Nation can thank them for taking this first important and essential step. Dave Rauschkolb
Great discussion opportunity here.....
