Mputnal. I FINALLY FOUND WHAT CHANGED IN 2016.
First, Fact or Fiction is totally correct. The 2013 Walton County Beach Ordinance Chapter 22 is as follows:
Sec. 22-52. - Customary use.
This chapter makes no finding of fact that the public either has or has not customarily used any particular piece of gulf front property beach.
(Ord. No. 2013-04, § 2, 1-22-13)
But something happened in 2016 for the BCC to change direction that they now claim that they (BCC) actually control Property Rights in Walton County (Right of Exclusion) instead of the Private Property Owners, whose rights had been recognized for GENERATIONS! The evidence is in the March 16, 2016 BCC Special Workshop. If you need a full copy, please ask Danny Glidewell.
“The following Board Members were present: Commissioner Sara Comander, Chairman; Commissioner Cecilia Jones, Vice-Chairman; Commissioner W. N. (Bill) Chapman; and Commissioner Cindy Meadows. Mr. Larry Jones, County Administrator, and Attorney Mark
Davis, County Attorney, and Attorney Sidney Noyes, Assistant County Attorney, were also present. Attorney David Theriaque was present on behalf of Walton County.”
“Attorney Theriaque presented the following information relating to the economic impacts of tourism: Tourism has a $2.9 billion direct economic impact annually to Walton County; 19,500 jobs are directly related to tourism; $202 million was spent on tourists' accommodations in June and July of 2015; south Walton County was the #1 Coastal Economy in Florida for tourism in June and July of2015; and 3.2 million tourists visit south Walton County every year. By not allowing the public/tourists on the beaches it would bring substantial economic harm to the county. “
“Mr. David Ravschkolb spoke about the economic impacts which are self-evident”
“Mr. Jimmy Kuhn, a member of the Emerald Coast Chapter of The Surfrider Foundation … offered three suggestions: 1) he urged the county to enforce obstructions in the Beach Ordinance; 2) step in and intervene to protect the public beach access use when threatened by beach front
property owners; and 3) urge the county to pass a Customary Use Ordinance for all 26 miles of the beach from the base of the dunes to the Gulf of Mexico. He asked to keep the beaches public either by acquisition, legislation, enforcement, or even litigation.” (looks like the BCC decided to start with litigation instead of acquisition, legislation, and enforcement).
“Mr. Bruce Anderson, Okaloosa County resident and local attorney, stated he has spent much time on the beaches. Mr. Anderson stated he has assisted homeowners and associations regarding this issue relating to the impacts on homeowners. He stated there is a failure of Sheriffs Office to enforce the trespass laws. He felt this Board is looking at taking property and overlooking the rights of landowners. His clients will pursue litigation.”
“Mr. Kent Safriet, Hopping Green & Sams, Tallahassee, stated he was present on behalf of multiple residents. Mr. Safriet felt Mr. Theriaque's information was presented as an advocate for the county and did not give both pros and cons to provide all of the necessary information. He
spoke regarding the magnitude of a lawsuit. Mr. Safriet recommended obtaining independent neutral advice in order to do the right thing for taxpayers.”
So looks what changed in 2016 is the BCC is chasing the development and $2.9 Billion impact of new tourists dollars and decided the easiest way was to try and take away property rights that have existed, and recognized by the BCC in previous ordinances, from the legally deeded property owner for exclusive use (right of exclusion) by the BCC. So this is not about allow locals access to the beach, but trying to make billions of new dollars for developers and businessmen. The power brokers are NOT the private property owners. The power brokers are the BCC (or those that might be paying the BCC) and developers and local businessmen out to make a quick buck at the exploitation and potential rapid demise of our unique and sensitive ecosystem. Dave said there would only a “few property owners” objecting to losing private property rights (right of exclusion) and recommended a lawsuit with “no compromise” and “no matter the cost”. If this happens, it won’t be long before beach bars, tattoo parlors, and t-shirt shops dominate 30A, because this is about exploitation and power brokers making money and not access to the beach or the deeded private property owners in Walton County.
