Today's Walton Sun (
http://waltonsun.com):
Recent arrest sparks private beach issue
July 11, 2007
Sean Boone
Sean_Boone@link.freedom.com
It has been more than 30 years since the 1974 City of Daytona Beach v. Tona-Rama, Inc. case, which made public access on dry-sanded beaches permissible, yet the issue of privatization continues to be debated in the state of Florida do to legal disputes and changes in county policies.
Although all beaches were declared permissible for use in the state in the Tona-Rama case, loitering and using private-deemed beach property for recreational use (tents, towels etc.) was not.
In South Walton, several beach resorts and developments have recently hired security officers to patrol the private section of the beach front property.
But what exactly is considered private beach front property?
According to the Tourist Development Council, areas west of Four Mile Village is deemed public 35-40 feet from the water due to the recent county beach nourishment project that has widened the beach; areas along 30-A that are private allow no dry sand access for public use.
?The Walton County Sherriff?s Office has been willing to enforce the wet sand line,? said a Blue Mountain Inn Beach Resort official. ?The majority of this area is private property. People bought it so they could enjoy it.?
Services, such as Silver Shores security (which Blue Mountain Inn and the Retreat use), have been hired to respond to complaints from residents who feel that their property is being intruded upon. If a problem persists, deputies are then notified.
The arrest that occurred in front of the Retreat beach community on July 5 has created a number of concerns for residents and visitors in regards to what and where is deemed legal to use the beach in the Blue Mountain Beach area.
Eduardo Gonzalez, 47, of Atlanta, Ga., was sitting in a chair on dry sand on Retreat property when he was asked by a security guard to move to the wet sand area of the beach, or leave. When Gonzalez refused, Walton Sherriff?s deputies were called and arrested him for trespassing. Gonzalez refused to comment on the incident.
?Until we get further guidance, we are going to enforce trespassing,? said Lt. Bryan A. Maule, Jr., of the Walton County Sheriff's Office
Although a change in beach policy has been denied by law enforcement, some long-term visitors and residents disagree.
?We?ve all been coming down here for 40 years, said Rick Hallman. ?Now they?ve started this whole territorial thing. We?ve got nowhere to go. If you?re going to start arresting tourists and hauling them off in front of family and kids, what kind of message are you sending to your tourists that you thrive on??
Hallman and his wife both witnessed the arrest last week in front of the Retreat and were also asked by security to move from the spot that they were sitting.
?We came down here to setup and of course the security guard came down and we had to move where the sand is wet. How can you have fluctuating property rights? Are they going to start arresting children??
Because of the recent attention that this issue has been given, the TDC released a frequently asked question list this past week to answer private/public beach questions that have been addressed by the public.
One question that was not listed and has been frequently discussed on the SoWal.com message board is the funding of the TDC in relation to public beach benefits (trash cans, lifeguards etc.).
?We are not part of the county,? said TDC Executive Director Kris Titus. ?We are fully funded by bed taxes. The TDC has the ability to drive on private beach; the health, safety, and welfare of the public is to have a clean beach.?
But even with the recent attention to the matter, the question still lingers as to how the general public will be informed on what is private beach access and what are the implications for trespassing.
?I think some of the county commissioners need to clarify where the public can use this beach,? said resident Debbie Barnhill. ?If it?s the case that we as taxpayers aren?t allowed to sit this close to water, than we need to put our properties up for sale and move on to an area that is more community minded.?
Calls to Retreat Homeowners Association spokesman Frank Flautt were not returned.
I am not sure what you are talking about.... I have done my best to also keep my identity under cover!
