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My first experience with public/private beach issue

organicmama avatar
Beach Fanatic
31,215 views
I took the kids out late this afternoon/early evening to the beach access at Dune Allen. Everyone had left, including the lifeguard. We were playing in the sand right in front of the access saw over to the left (when facing the Gulf) a man come out of his house and walk about halfway out to shore & pound a sign into the sand with a bucket. There was already a sign facing Dune Allen on his "property" (AKA the beach) that it was private property.

He went back up onto his deck and he watched us for about 10 minutes and then went inside. I don't know if he thought we were hooligans or something but his actions were strange, to say the least. We were at least 75 feet away from his "private property." And, I was picking up trash, ciggies & other crap off the beach. He obviously waited for everyone to go home before posting that, so that tomorrow, everyone could see where they shouldn't be, according to him.

This saddened me a lot. I didn't walk over there, because it would have been a blatant action on my part. With 2 young kids and a toddler dragging along behind me, not wanting to do anything but play in the sand... he would have known I was up to something.;-)

That sign would blow away in any hard wind and just be more trash on the beach and in the water. :bang: Signs on the beach, besides official ones, should be :banned:. They are atrocious.

Secondly, I (sort of) understand the whole idea of wanting your private space/sanctuary, but if that is what one wants, why build/buy a home right on a beach, ESPECIALLY right next to beach access???:idontno: To start posting ugly as h*** signs all over the beach, telling locals & tourists alike that they are not allowed on that location is rude. I can think of some other choice words, but I won't use them.

When are we going to get back to the idea of community? What is it going to take for us to wake up and stop biotching & moaning at each other? When are we going to realize that we are no better than someone else & that our needs are no more or less important that anyone else's?

Dave & others have mentioned it in the Blue Sign thread more than once, that we have successfully pulled together as a community to do something about the signs because they are eyesores. We need to pull together to make this community one we can all be proud of, without the nastiness of property rights regarding beaches & ugly signs (including for sale signs all over) everywhere.

This can be done and we can all be proud of SoWal as a whole.

Replies

145
wrobert avatar
Beach Fanatic
#52
Would you like a copy of the plat to take with you next time?


Now that would be interesting. When the deputy arrives pull out your official plat and survey and ask him if the complaintant has theirs. I imagine that would result in nothing happening.
Smiling JOe avatar
SoWal Expert
#53
Might even get the supposed owner in trouble for marking property which isn't his, with private property/no trespassing signs.
organicmama avatar
Beach FanaticAuthor
#54
Would you like a copy of the plat to take with you next time?

Do you have it?:D
wrobert avatar
Beach Fanatic
#55
Might even get the supposed owner in trouble for marking property which isn't his, with private property/no trespassing signs.

It is a crime to file a false complaint. Ask the deputy to take your sworn statement while he is there and the State Attorney can get the guy later. :cool:
organicmama avatar
Beach FanaticAuthor
#56
It is a crime to file a false complaint. Ask the deputy to take your sworn statement while he is there and the State Attorney can get the guy later. :cool:

I am so non-confrontational about stuff like that. I don't think I'd have the guts to even get into it with the guy. From what I can tell from watching him & then what the LG said today, he's looking to get into it with someone.
Smiling JOe avatar
SoWal Expert
#57
Do you have it?:D
Plat Book 2, Page 44. The Public Access at Fort Panic is adjacent and to the west of Lot 7, Block 1, Dune Allen S/D, shown on plat. This plat shows that the lots 1-7 have definitive points stopping short of the MHWM.

This is a totally different issue than the public having rights to be on the beaches.
Smiling JOe avatar
SoWal Expert
#58
I wouldn't waste my time with the guy, but have that plat with you when/if the Sheriff's Deputy arrives. Your only conversation should be with that officer, not the man with the signs.

You might also print up my signature line from the Florida State Supreme Court.
organicmama avatar
Beach FanaticAuthor
#59
I wouldn't waste my time with the guy, but have that plat with you when/if the Sheriff's Deputy arrives. Your only conversation should be with that officer, not the man with the signs.

You might also print up my signature line from the Florida State Supreme Court.

Honestly, I rarely go over there. A personal battle of wills with him is a waste of my time. I just think it's sad that our beaches are coming to this. My point in posting the incident in the first place is not to even pick him out of the crowd, so to speak, but rather deal with the larger issue at hand of this happening all over the place right now in SoWal.

I just got off the phone with a good friend that lives on the other side of Panama City. She's 68 & lived in PC for at least 30-35 years, so she's seen a lot. I told her about the issues going on, but also the grayt things about why we live here. She said that she's seen a lot over the years in PC & PCB & it's gone to hail. Do we want that here with the growth expected to happen in the coming years?

Again, I am simply stating that we are at a turning point for our stretch of beach and community. We can either choose to monitor & maintain things a lot better than we have been doing in a sustainable manner or just let whatever the heck happen & then in 5-7 years, we won't recognize the place anymore.
Matt J avatar
SWGB
#60
OM, PM me the location. If it's there Sunday night I'll go get it. That's just me helping out the TDC on the remove it or lose it issue. :wave:
NotDeadYet avatar
Beach Fanatic
#61
Code enforcement told me that since he references a Florida Statute on the sign it is a DEP matter, not Walton County.

I found this especially interesting. There are now three big private beach signs on the beach at Surfside over in Miramar. That so happens to be a renourished beach, and state law is pretty clear that the "new" beach seaward of the line the state establishes for renourishment is public. That is, after all, what the pending court case is about. These three signs reference a Florida Statute, but it is bogus. Last year there were two signs, now there are three. I spoke to the DEP about these signs probably a year ago, and the DEP agreed they should not be there and that the FS referenced was bogus. But still, they remain. So I would have to say a lack of leadership on the part of Walton County is going to result in these signs proliferating, and if you want to put up a sign and have it stay there indefinately, all you have to do is reference a Florida Statute, and it does not even matter if it is a real statute!
So much for what seems to be the county's idea that renourishing the rest of the beaches will somehow make this problem just go away. :bang:
30A Skunkape avatar
Skunky
#62
Would you like a copy of the plat to take with you next time?

Lets have a sit-in and see what happens:biggrin:
wrobert avatar
Beach Fanatic
#63
So I would have to say a lack of leadership on the part of Walton County is going to result in these signs proliferating, and if you want to put up a sign and have it stay there indefinately, all you have to do is reference a Florida Statute, and it does not even matter if it is a real statute!

And that is the problem. Leadership would resolve this matter. Instead things will rock on for years, it will get worse, and finally something will be done, but by then no one will be happy.
Beach Fanatic
#64
And that is the problem. Leadership would resolve this matter. Instead things will rock on for years, it will get worse, and finally something will be done, but by then no one will be happy.

So, Robert, what is the cause of the leadership problem?

Why are the elected officials so reluctant to take a pro-active stand with things? Why do they seem to resent any input from residents/citizens? Why do they not have a strategic plan that addresses the difficult issues? Why won't a County Commissioner go to the meetings he is supposed to attend? Where is the key to unlocking all this arrogrance/incompetence/whatever it is?

I have been back here for eight years, so I have been through at least two cycles of elected officials. It does not seem to matter who is in office; they all behave the same general way...I am preplexed by the attitude.

Since its your party that runs things, perhaps you can enlighten me and anyone else on this board who is puzzled.:idontno::confused:
wrobert avatar
Beach Fanatic
#65
I have been back here for eight years, so I have been through at least two cycles of elected officials. It does not seem to matter who is in office; they all behave the same general way...I am preplexed by the attitude.

Since its your party that runs things, perhaps you can enlighten me and anyone else on this board who is puzzled.:idontno::confused:


No longer my party. I am just a member like most of south Walton. Do not get me wrong, I believe in the Republican principles, but I do have some serious concerns with the direction they seem to be taking. I had to give up the leadership position I was in to work on my own election. As for the lack of leadership in government. I have my thoughts. I think it is an addiction to power. A fear of offending and not be reelected that causes a bit of the problem. Maybe term limits in local elections could be the solution.

Like him or not, I feel that Representative Brown is a great example of what a true leader is. I have come to know him pretty well over the last 10 or so years, and it amazes me how the guy really stands for something when he believes in it. He does not worry about the repercussions, of which their have been many, but the fact that he will stand up, I believe it what leads him to being reelected at margins close to 80% repeatedly. I have never see the guy make a decision with reelection in mind.

Locally, the ones that I see take this same tact are Martha Ingle, Patrick Pilcher, Mark Davis and Mike Adkinson. The others, I think there is some thought about reelection in their minds when they make a decision. And since most of the others also read this board, at least someone is reading it and passing things along because of comments they have made to me about previous posts I have made, I do not fault them for it. But I really believe that if you are going to arise to be a true leader, you are going to have to look at the issues and the consequences and how they affect the citizens and not if this will be an issue to answer to in the future. I see and hear the citizens say they they will stand up for someone, anyone, that will lead them. People want leadership, they crave it. And there is a void in this community.

Also the memory of electors is so short and participation so slight, that you would have to really mess up for something to come back on you. For example, what Tim Pauls did with the blockade of his property at the school right there at election time.

And to my many elected friends, I want to apologize if I have offended. But I was asked a question, and those that really know me realize if they did not want to know how I feel, they should not ask. :D

One last thing. This can be changed. Deep down they really do want your involvement. But it is frustrating, even from someone like myself who is on the sidelines, to see so many get involved in some things, yet some other things, like building a new school, hardly get a second notice. We really need to work on instilling a sense of civic responsibility back into our community.
Beach Fanatic
#66
thanks for a serious response. I agree with most of what you said. I do not know Rep. Brown, I disgree with his politics most of the time, but I can admire someone who sticks up for what he believes, even if I don't agree. Integrity and standing on principle go a long way with me.

I also agree with your assessment of Martha and Patrick. I have known Martha since we were in elementary school together: she is a person of integrity--and demonstrates the values which she and I grew up with, and which used to be seen in our local government.

I am impressed by the way Patrick runs his office and how he responds to citizens. I had a intricate deed question once, and he was extremely thorough and very gracious about answering my detailed questions. It took a while to unravel everything, but we did it together. I felt heard as a citizen and I was helped in a professional manner. I work often with his staff and to a person, they are completely professional and helpful.

On the other hand, the people in the Planning Office are very difficult to do business with...

My experience with the Fire Department staff here in South Walton has been very positive as well.

I do not feel that sense of customer service and assistance when dealing with the TDC, the County Administrator, the EOC director, the County Commissioners or any member of the Law Enforcement community...there is often an attitude of arrogrance and unwillingness to be open to citizens' points of view. It is as though they feel we have no right to question anything or have an opinion that is different than the one they are putting forth. Accountability to the people seems to have been lost along the way.

This attitude puzzles and saddens me.

Edited

wrobert avatar
Beach Fanatic
#67
On the other hand, the people in the Planning Office are very difficult to do business with...



This attitude puzzles and saddens me.

Well keep your identity to yourself. If not, be prepared to be called to task for daring to make such a statement. I know I was.
Beach Fanatic
#68
Actually I wouldn't mind that--it would be nice to know someone cared enough to call me to task!...and lots of people know who I am.

Edited

Andy A avatar
Beach Fanatic
#69
I stopped by the Dune Allen access this morning and the sign is up just to the east at the first house. It says something about the beach being private from this point on and cites FL. Statute 809.3 (Beach Restoration). I have no idea what that is all about and haven't looked up the statute...yet. I may, I may not. Admitedly, it is not near my stretch of beach which I am much more concerned with, as far as usage is concerned.
organicmama avatar
Beach FanaticAuthor
#70
I stopped by the Dune Allen access this morning and the sign is up just to the east at the first house. It says something about the beach being private from this point on and cites FL. Statute 809.3 (Beach Restoration). I have no idea what that is all about and haven't looked up the statute...yet. I may, I may not. Admitedly, it is not near my stretch of beach which I am much more concerned with, as far as usage is concerned.

He put the larger sign up sometime before we were ever there that day. It wasn't up for too long, as we have been there before & I don't remember it at all. But the smaller sign in front of his property was the one he put up while we were there. I simply had never dealt with the issue of "private property" on the beach. I had read about it, but not experience it at all. That access is somewhat close to our home, so we use it sometimes.
Beach Fanatic
#71
quick check of the F. S. does not show a Chapter 809.3. I wonder if this is the same "bogus' chapter referred to by Not DeadYet re: the Miramar Beach sign...Maybe someone else has more information?
organicmama avatar
Beach FanaticAuthor
#72
Running out the door, but I googled the statute & didn't get beach restoration. When I did google for fl statutes & beach restoration, I came up with entirely different ones. Can someone research, but don't waste time, just check? Thanks!
NotDeadYet avatar
Beach Fanatic
#74
quick check of the F. S. does not show a Chapter 809.3. I wonder if this is the same "bogus' chapter referred to by Not DeadYet re: the Miramar Beach sign...

That one reads:
Florida Statute
No 16D2 FAC

There is no such number, not in the statutes or the Florida Administrative Code.
jodiFL avatar
Beach Fanatic
#75
Chapter 800 LEWDNESS; INDECENT EXPOSURE
Chapter 806 ARSON AND CRIMINAL MISCHIEF
Chapter 810 BURGLARY AND TRESPASS
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES
Chapter 815 COMPUTER-RELATED CRIMES
as you can see there is no section 809......
jodiFL avatar
Beach Fanatic
#76
Chapter 800 LEWDNESS; INDECENT EXPOSURE
Chapter 806 ARSON AND CRIMINAL MISCHIEF
Chapter 810 BURGLARY AND TRESPASS
Chapter 812 THEFT, ROBBERY, AND RELATED CRIMES
Chapter 815 COMPUTER-RELATED CRIMES
as you can see there is no section 809......

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