Private Beaches in South Walton - Customary Use Updates & SB1622

[Palmer T]

I know this has been discussed, but does anyone else find private beaches offensive? For 30+ years, my family rented beachfront houses in Panama City Beach and exclusive beach access never crossed our minds. It felt like a privilege just to walk out onto the sand. Given the county-level difference in property law (Bay vs. Walton).

We've vacationed here four times, but never again. Our condo's convenient boardwalk, previously leading to open beach, now funneled us into a tiny, packed zone. Cones blocked access, forcing us to walk along the water to reach the 'public' area. The sight of miles of deserted beach on either side was infuriating. For the price, we're taking our business elsewhere.

 

[navigate30a]

I know this has been discussed, but does anyone else find private beaches offensive? For 30+ years, my family rented beachfront houses in Panama City Beach and exclusive beach access never crossed our minds. It felt like a privilege just to walk out onto the sand. Given the county-level difference in property law (Bay vs. Walton).

We've vacationed here four times, but never again. Our condo's convenient boardwalk, previously leading to open beach, now funneled us into a tiny, packed zone. Cones blocked access, forcing us to walk along the water to reach the 'public' area. The sight of miles of deserted beach on either side was infuriating. For the price, we're taking our business elsewhere.

It really is a shame. I suspect West PCB will reap lots of benefits from this landmark mistake. Praying you and your family have a safe & fun time

 

[Joe]

Alright, buckle up, because here's a rant about private beaches in South Walton, with that "SoWal" flavor:

"Let me tell you something about these 'private beaches' all over South Walton. It ain't about 'private,' it's about pure, unadulterated greed. They're carving up paradise like it's a damn pie, and guess who gets the crumbs? Us. The folks who've been coming here for generations, the ones who built this place's charm, are now being told, 'Nah, you can't walk there.'

Remember when you could stroll down the beach, find a spot, throw down a towel, and just...be? Remember the sunsets that weren't blocked by 'private property' signs? Remember the sound of kids laughing, building sandcastles, without some rich guy's security guard telling them to 'move along'?

Now, it's all about lines in the sand – literally. Lines drawn by folks who think they own the damn ocean. They buy a beachfront house, suddenly they own the whole damn view. They act like they’re the first people to ever see a sunset. They want to keep everyone else out, like they’re living in some gated community on the water.

They claim it's about 'protecting the dunes,' or 'preserving the natural beauty.' Bullshit. It's about keeping the riff-raff out, keeping the beaches for themselves. They don't care about the dunes; they care about their damn property values. They don’t care about natural beauty, they care about their own view.

And the worst part? The tourists, the ones who pour money into this place, the ones who keep the restaurants open and the shops buzzing, they're the ones getting screwed the hardest. They come here for the 'emerald coast,' and they find out it's emerald coast with a big, fat 'PRIVATE' sign stuck right in the middle.

It's a damn shame. It's a slap in the face to everyone who loves this place for what it used to be. It's a sign that money talks, and the rest of us can just go pound sand – on the tiny sliver of beach they leave us. And mark my words, this ain't gonna end well. This ain't about beaches, this is about a community losing its soul."

 

[Gracegirl]

The beach access problems in Walton County are made worse by the County's decision to allow commercial vendors on the shoreline. This move created a conflict, as the County had already been taxing homeowners on land extending into the Gulf. Suddenly, these vendors were setting up shop on what homeowners considered their private, taxed property, all day long.

This isn't about families enjoying a week at the beach. The core issue is the County's inconsistent policy. They're taxing homeowners for beachfront property, then allowing commercial activity on that same land. It's a contradiction that needs to be addressed. If it's truly public beach, stop taxing homeowners for it. If it's private, then restrict commercial vending.

The current approach clearly isn't working. It reflects a pattern of questionable decisions by the County. It feels like they're driving this place towards a Destin-like overdevelopment, fueled by poor planning and leadership. I've heard rumors about potential accountability related to a missing 30A park, which might bring some change. It's frustrating, because I deeply care about this area, but the current direction is deeply concerning.

 

[bob1]

And yet we keep building.

 

[Jim Tucker]

A bill to repeal a controversial 2018 law that limited public access to beaches in Walton County cleared its first legislative hurdle last Tuesday in the Florida Senate.

The Senate Judiciary Committee voted 9-2 to advance SB1622, sponsored by District 2 Senator Jay Trumbull, which would eliminate a law that preempted Walton County’s customary use ordinance. Senators Don Gaetz and Kathleen Passidomo cast the only dissenting votes.

“Walton County was uniquely affected by this statute due to a narrow exception which recognized only ordinances before January 1st, 2016,” Trumbull told the committee. “The result was Walton County’s ordinance, which was adopted in October of 2016, was preempted, which afforded private beach owners, many of whom held deeds to the mean high waterline, the right to call out beachgoers for trespassing on dry sand behind their homes.”

Under Florida law, “customary use” refers to the public’s right to access and use the dry sand areas of privately-owned beaches if that use has been ancient, reasonable, without interruption, and free from dispute. While the state owns the wet sand area below the mean high-water line as public land, the dry sand areas above this line can be privately owned.

The 2018 law established stringent procedures that local governments must follow to claim customary use, including filing a lawsuit and proving customary use for each individual parcel. This effectively overturned Walton County’s 2016 ordinance that had declared customary use rights for the public across all county beaches.

Following the 2018 law, Walton County filed a lawsuit seeking declaration of customary use for 1,194 private properties. After nearly five years of litigation, most property owners either obtained dismissals or negotiated limited 20-foot public access areas.

Walton County Commissioner Tony Anderson, who has lived in the county for 69 years, spoke passionately in support of the bill.

“Walton County had customary use for years,” Anderson said. “I’ve walked every mile of that beach numerous times. I’ve crabbed there, I’ve fished there, I’ve sunbathed there. Until 2018, everybody that grew up in Walton County used those beaches publicly.”

Destin Mayor Bobby Wagner voiced support for neighboring Walton County, noting how beach access restrictions have created conflict. “We’re seeing fights break out. Sheriffs are getting involved, and it’s really making a black eye in the panhandle,” Wagner said. “For us, being a southern culture of hospitality, it’s turning into a political nightmare with literal lines in the sand.”

The economic impact on the county has been significant, according to testimony at the hearing. One speaker noted that while tourism increased 1.8% statewide, Walton County has seen an 11% decline. Real estate professionals testified that residential sales volume is down 36% from its peak, with transactions down 47%, and the county now has a higher inventory of unsold homes than the state average.

Senator Passidomo, who sponsored the 2018 law, defended her legislation. “The bottom line is the original bill came as an amendment to a marketable record title act bill that I had filed in 2016,” she explained. “My feeling is customary use is something that the courts determine. The courts need to do that.”

Senator Don Gaetz, who voted against the bill, offered a more cautious assessment of the situation, drawing from his 40-plus years as a Walton County property owner.

“Whatever you do with this bill is not going to solve the problems in Walton County,” Gaetz warned the committee. “My fear is, in fact my hard prediction is that whatever you do with this bill is not going to solve the problems in Walton County of people who think they own property near the beach or on the beach because they bought it from being very upset when somebody else tries to use that property.”

In the House, a companion bill (HB 6043) sponsored by Representative Alex Andrade was approved last Thursday by the House Civil Justice and Claims Committee and next faces the Natural Resources and Disasters Subcommittee.

The bill was heard by the Senate Community Affairs Committee yesterday where it also passed favorably."

 

[Jim Tucker]

The Florida legislature is currently considering bills HB 6043 and SB 1622, which aim to repeal a 2018 law that significantly impacted public beach access, particularly in Walton County. Here's a summary of the situation:

The Core Issue:

• The 2018 law created stringent requirements for local governments to establish "customary use" rights, effectively limiting public access to privately owned dry sand areas of beaches.
• This law had a disproportionate impact on Walton County, where a 2016 ordinance protecting public access was preempted.

The Bills:

• HB 6043 and SB 1622 seek to repeal the 2018 law, restoring the ability of local governments to protect public beach access.
• These bills aim to re-establish "customary use" ordinances and rebalance private property rights with public access.

Legislative Progress:

• Both bills are progressing through the Florida legislature, with committee hearings and votes taking place.
• SB 1622 has passed favorably through the Senate Judiciary committee, and also the Senate Community affairs commitee.
• HB 6043 has passed through the House Civil Justice and Claims Committee and is now in the Natural Resources and Disasters Subcommittee.

Community Impact:

• The 2018 law has led to disputes and conflicts on beaches, with reports of confrontations and law enforcement involvement.
• There are also reports of negative economic impacts, including declines in tourism and real estate sales.
• There is vocal support from local county and city officials to see this 2018 law repealed.

Key Arguments:

• Supporters of the repeal argue that it will restore traditional beach access and protect the public's right to enjoy Florida's beaches.
• Opponents express concerns about protecting private property rights and the potential for increased litigation.

In essence, these bills represent a significant effort to reverse the effects of the 2018 law and restore public beach access in Florida.

 

[Jim Tucker]

Senate Bill 1622 (2025) - The Florida Senate

www.flsenate.gov

Request Rejected

State Sen. Trumbull's new bill would help open access to more Walton County beaches

State Sen. Jay Trumbull has filed a bill that aims to allow more people to use Walton County beaches.

www.usatoday.com

The Florida Legislature has a chance to open beaches in Walton County.

On Feb. 28, state Sen. Jay Trumbull (R-Panama City) filed legislation to repeal a 2018 law restricting public beach access and barring local governments from passing ordinances on customary use.

The bill is the second piece of legislation to be filed on the issue in the past several months. In December, former state Rep. Joel Rudman (R-Navarre) filed HB 6001 before leaving office for a run as the Republican nominee for Florida's First Congressional District. The bill was thrown out after Rudman left the state legislature.

Trumbull’s bill, known as SB 1622, aims to overturn a measure that has drawn controversy since its passage. The law prohibits local ordinances allowing the public to walk, sunbathe or picnic on private beaches, except for those established before 2016.

“l've heard loud and clear from the residents of Senate District 2, especially in Walton County, about the importance of protecting public beach access," Trumbull said in a news release. "That's why l've filed Senate Bill 1622 to repeal the 2018 law that restricts local governments from recognizing customary use of our beaches."

Under current state law, any sand below the high tide water mark is publicly accessible. However, dry sand above that line can be privately owned, creating disputes in coastal communities, especially in areas where private property borders public beaches.

In 2018, the legislature approved HB 631, which was signed by then-Gov. Rick Scott. State lawmakers were lobbied by former Arkansas Gov. Mike Huckabee, who owned a beach house in Walton County at the time. The law nullified Walton County’s customary use ordinance while allowing older ordinances elsewhere to remain intact.

Huckabee sold his Blue Mountain Beach home in 2021.

"Florida's beaches are a shared treasure, and I'm committed to ensuring everyone can enjoy the shoreline that means so much to our communities,” said Trumbull.

______________________________________________________________


The Florida Senate Judiciary Committee Tuesday heard a room full of testimony in support of D2 Senator Jay Trumbull’s SB1622, repealing the 2018 law that preempted Walton County’s customary use ordinance in 2018.

Destin Mayor Bobby Wagner told the committee while he recognized private property rights, he stood with the bill’s sponsor and Walton County residents because of the fallout to Destin and the Emerald Coast tourism businesses from negative stories on social media showing videos of quarrels between private security guards and vacationers on the beaches.

In the end, the bill passed the important Senate Judiciary committee 9-2 with Senator’s Gaetz and Passidomo casting the No votes.

The next stop for the Senate bill will be March 31 in the Senate Community Affairs Committee at 4pm EDT.

State Representative Alex Andrade, D2, is running a companion bill, HB 6043, in the House as a favor to his colleague Rep. Shane Abbott, the bill’s prime sponsor. D5 includes Calhoun, Holmes, Jackson, Walton, and Calhoun Counties.

HB 6043 was approved Thursday by the House Civil Justice and Claims Committee. The next stop will be April 1 in the Natural Resources and Disasters Subcommittee. Calhoun, Holmes, Jackson, Walton, and Washington

https://www.tallahassee.com/.../florida.../82677390007/

 

[bob bob]

There has been a lot of public support for these bills, with many Walton county residents traveling to Tallahassee to voice their concerns. The focus is on restoring "customary use," which allows public access to dry sand areas of beaches with a history of public use.

Walton County residents are actively advocating for these bills, emphasizing the importance of beach access to their community and economy.

Based on the recent legislative activity, there are indications that HB 6043 and SB 1622 have a reasonable chance of moving forward.

Both bills are progressing through their respective chambers, with favorable votes in key committees. This indicates support among lawmakers.

The fact that these bills are moving forward, shows that there is a political will to address this issue. This public pressure can influence lawmakers' decisions.

The arguments about the negative economic impact of the 2018 law may also sway lawmakers, as economic considerations are often a priority. Even with the positive momentum, there is still opposition from some lawmakers, as shown by the dissenting votes in the senate committees.

The Florida legislature can be unpredictable, and bills can change or stall at any point in the process.

While there are no guarantees, the bills have demonstrated significant progress and have strong support. Therefore, there is a good chance that these bills will pass.

 

[Grayton]

Thanks Karen Doyle!