Sun Sentinel editorial highlights what's at stake for many beach towns in Florida... Glad this is getting the attention it deserves in news outlets
Rep. Katie Edwards puts public beach access at risk | Editorial
Now she wants to prohibit local governments from protecting your access to the beach.
That’s right. Edwards’
House Bill 631 would ban local ordinances that ensure long-standing public access to stretches of beach that overlap private property. She’d rather the courts decide where someone’s property rights begin and your beach access ends.
This unwarranted proposal would make it easier for beachfront property owners to put up fences, post “No Trespassing” signs and sue to keep more of Florida’s coastline off limits to you and your family.
Do the people of Plantation — the people Edwards was elected to serve — really want a harder time finding a spot on the sand?
Beachgoers may be surprised to learn that someone’s property line can extend all the way to the mean high tide line — the point the water reaches at high tide.
With beach erosion, that line becomes a moving target, but it’s typically identified as the “wet” sand area, or the sea side of the line of seaweed that washes ashore.
However, the courts recognize that the public’s long-standing use of beaches can be protected, even when the land has technically become private property.
Maintaining that “customary use” standard is important for beachside communities, which is why Volusia, St. Johns and Walton counties have passed local ordinances that make clear that beaches should remain public.
Edwards says her bill is misunderstood, that she’s only trying to clarify how property rights disputes should be resolved, not favor oceanfront landowners.
Right. Like no one now knows they can take property disputes to court.
In reality, Edwards’ bill is about eliminating the ability of cities and counties to protect beach access for residents and visitors.
It’s not just beaches, either. Lakefront properties, access points between homes, land near community trails and other sites could be made off-limits by her legislation, too.
Edwards, an attorney, says the courts are better suited than local politicians to decide property rights. She’d also like to end confusion about differing standards across the state.
But going to court is hardly a practical way for families to find a spot on the beach. And who has the money to take on a wealthy oceanfront landowner?
Allowing communities to set local rules makes more sense than having the courts weigh in, property by property. If a local ordinance goes too far, that’s the point the courts should step in.
With her bills to prohibit local governments from protecting beach access and trees, Edwards is emerging as a warrior against home rule and the concept that government closest to the people works best.
We disagree that, as Edwards’
House Bill 521 suggests, Tallahassee should decide what the tree canopy should look like in Key West or Live Oak. Neither should local governments be forced to look away when beach access is eroded.
The Legislature should reject these two bills.
And Edwards should stop kicking sand on the concept of home rule.