'Private Beach' sign in Seagrove

[miznotebook]

This is the memo on this topic from the assistant state attorney that the sheriff circulated several years ago and that I believe is still in force:


Memo


To: Whom It May Concern

Re: Criminal Action for Trespass
From: Gregory M. Anchors, Assistant State Attorney Supervisor

Date: May 12, 2009


The Walton County Sheriff’s Department, the Office of the State Attorney, and the Walton County Commissioners have determined that criminal action for trespass will not be taken in the following areas along the beach:
a. Wet sand areas
b. Re-nourished areas where Federal or State or Local monies were used
c. Areas south of the mean high tide mark

It will be the responsibility of private property owners to have these areas established with markers.

Private property owners should be mindful of civil liability for any wrongful action and others should realize their civil liabilities for civil trespass or other wrongful conduct against a property owner.

 

[Lake View Too]

I think the most operative word in all of this is "mean" (and, yes, I know there is a pun in there, intended).

From my days of arithmetic, a "mean" is somewhat like an average, and then it comes down to an average of how many days, or months, or years of high tides. Which mean are we talking about? And then my brain starts swimming... and I revert back to the other meaning of "mean", and just wish everybody would just let everybody borrow the beach for a little while...

 

[mmcq]

I think the most operative word in all of this is "mean" (and, yes, I know there is a pun in there, intended). From my days of arithmetic, a "mean" is somewhat like an average, and then it comes down to an average of how many days, or months, or years of high tides. Which mean are we talking about? And then my brain starts swimming... and I revert back to the other meaning of "mean", and just wish everybody would just let everybody borrow the beach for a little while...

I agree! In Blue Mountain Beach on one quarter mile neighborhood road parallel to the beach, there are 48 no parking signs erected by the county at the request of the home owners. What an eyesore! I understand the homeowners frustration...but when you live in a tourist area you really need to be a little flexible with the "get out of my yard" mentality. Surely there is a better solution than signs everywhere!!

 

[Rachael Ashman McKee]

I do not know how to post it, but there is an article by Dotty Nist from June 2011 that may be helpful. It is WCSO Working to Mediate Beach Disputes.

 

[jodiFL]

I think the most operative word in all of this is "mean" (and, yes, I know there is a pun in there, intended).

From my days of arithmetic, a "mean" is somewhat like an average, and then it comes down to an average of how many days, or months, or years of high tides. Which mean are we talking about? And then my brain starts swimming... and I revert back to the other meaning of "mean", and just wish everybody would just let everybody borrow the beach for a little while...

The Florida statutes say that the "MHWL" is based on a 17 year average and can only be determined by a CURRENT topographical survey ..not the one done 10 years ago when they bought the property but one that has been done recently. I think they only last for a year or two. They are not cheap and most homeowners dont get another one until they have to. But it is the only true way to determine the MHWL and what is south of it. The area south has been determined to be "sovereign" and belongs to the state and the public. If that homeowner wants to fight it out with the state of Florida over who owns it I wish them luck.

 

[Bobby J]

I had a lot line off of Eve circle that ran out into the middle of the road. It did not mean I could build my home or pitch a tent out in the middle of the road. This issue has been going around for quite some time and a homeowner has never won. It's like saying you own the air I am breathing. Arrogant and sad. When I hear an agent tell me their clients property runs out to the water and it's 100% private I want to run or tell them they may want to do some real research. You might think you own to the water's edge but your going to have a hard time getting the public off of it! It's public property and has been in use as such long before "you" owned it. I am sorry this is going to be a dead issue very soon.

 

[MarvinGardens]

We have had an ongoing battle in Blue Mountain with the stretch of beach in front of the Retreat. They hire security guards to intimidate beachcombers, particularly tourists, and threaten to call the Sheriff's Office. Last summer I got involved and invited the arrest. For the record, everyone from the Sheriff's Office and Jim Bagby were very helpful.

Here is a letter that Capt. Howell forwarded to me after discussing the issue with Mr. Bagby:

From: Mike Howell
Sent: Thursday, August 08, 2013 11:22 AM
To: Jim Bagby
Cc: Jeff McVay; Chelsea Atkinson; Dave Sell; Group Email SO Beach Patrol
Subject: RE: The Retreat

Good Morning Jim,

In a conversation this morning with Mr. Anchors, Assistant State Attorney, the Office of the State Attorney maintains its position as indicated in the letter drafted May 12, 2009. Mr. Anchors informed me it is the responsibility of private property owners to have ALL these list areas established and marked.
a.Wet sand areas.
b.Re-nourished areas where Federal or State or Local monies were used.
c.Areas south of the mean high tide mark.

The Walton County Sheriff’s Office personnel will NOT take law enforcement action until all three of the above are established and marked. A survey in and of itself does not meet the requirement. Also we do not currently have a copy of the survey, we are working to obtain a copy at this time.


Michael R. Howell, Captain
South Walton Bureau Chief
Walton County Sheriff’s Office
752 Triple G Road
DeFuniak Springs, FL 32433
Office 850-951-4726
Cell 850-401-4556

The conversation I had with Capt. Howell was most helpful. In his opinion, the property owner would have to have an accurate survey and mark it. To mark it he would need to get permission from the State DEP. before he could erect any signs marking the boundary. There may be an ongoing Catch-22 in there somewhere.

We also have a couple of big beach signs out in the middle of the beach. It took a little while but we finally got Code Enforcement to make them move the signs closer to the dunes. I be they could do the same with that sign in Seagrove.

Try Mr. Bagby or Capt. Howell. They helped me with our stretch of beach.