This Letter To the Editor appears in this weeks DeFuniak Herald
Editor,
On May 26, 2015, Walton County Sheriff Mike Adkinsonimplemented a Standard Operating Procedure (#15-004) “to provide direction to members when answering calls for service related to allege trespassing on private property on Gulf front beaches in Walton County.”
The SOP states in Section VII. Enforcement: “If residents of Walton County wish to have trespass laws enforced on their coastal properties, the Sheriff’s Office will need several documents…copy of owner’s deed (certified copy preferred)…copy of Plat…copy of driver’s license…A signed, sealed and certified survey by and submitted to Florida Department of Environmental Protection…The property boundaries of the upland owners property are adequately marked on the ground indicating the boundary between the mean-high water line and their upland property. The Erosion Control Line must also be shown on the survey…and property staked in the event the owner’s property has such line established thereon by FDEP.”
Section VII: “Deputies may enforce trespass laws on identified private property in the area inland of the wet sand area on gulf front beaches which have not been nourished, provided they receive copies of the documents required in this SOP.”...”Deputies may exercise their discretion in enforcing trespass laws, but may not physically arrest anyone for trespassing on such beach areas. A Notice to Appear may be issued…but only if the owner or agent….is present to sign an affidavit of complaint…”
And finally, “all deputies shall use discretion in making decisions to cite anyone for trespassing on beach areas, based on circumstances of each particular case.”
Seems pretty clear that the Sheriff’s Office SOP acknowledgesprivate beach front property, doesn’t it? It also seems like deputies are free to interpret the law as they wish.
So, on one hand we have a Sheriff’s SOP telling beach front property owners how to ensure their rights, and on the other hand he is encouraging people to ignore those rights. He tells beach front property owners to mark their property and the Board of County Commissioners tells people to take the markers down. Does it get any sillier than this?
Yes, it does.
Now we have a group of folks who also believe private beach front property really doesn’t exist, even though the WCSO acknowledges it does. “Stand Your Sand” is planning to have a walk on the beach on June 4th and have people join hands as they walk 10 miles from the east or 10 miles from the west to establish “customary use for all”. Their notice goes on to say, “let no barriers or signs impede us on our beaches on this day or ever. This to claim the Beaches of South Walton from the dune line to the water line for customary use for all to fairly and equitably use and enjoy for eternity.”
The folks who are organizing these walks go on to state, “During Stand Your Sand traverse and ignore any and all barriers, signs, ropes and chains that are in violation to the Walton County Beach Activities Ordinance….Reserve the right to stop on any portion of the dry sand for a rest to stay properly hydrated to ensure good health and enjoy the view. Please do not litter. Please behave responsibly and leave only your footprints. Please be respectful of beachfront homeowners and avoid confrontations. Be respectful of the Walton County Beach Activities ordinance. Do use and enjoy the beaches as people have for centuries. The walk on the beach is in no way an official event. It is only an idea. All people have the free will to act on an idea or not. We all have the right to walk on the beach; no permit needed.”
Sounds like they are inciting civil disobedience, doesn’t it? Oh, no, not in their minds. They say it’s only an idea and we all have free will. (Hee, hee!)
If they thought what they are proposing was entirely legal, whywould they need disclaimers?
They claim they have the right to walk on the beach. But there is no right to trespass on private property, except in the minds of law breakers.
Then there are some elderly people like myself, who are longtime beach front property owners. Many of us are in fear these hand-holding protestors might get carried away as they squat on our private property. Intimidation is clearly illegal. Florida Statute 825.102, Abuse of an Elderly Person or Disabled Adult states, “(1) Abuse of an elderly person or adult means: (a) intentional infliction of physical or psychological injury upon an elderly person or disabled adult; (b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; (c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury…A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, 775.083, or 775.084.”
So here’s what we have. A Sheriff who contradicts himself. A Board of County Commissioners that is clueless. A band of brigands who believe it’s up to them to decide what is legal and what is not. And dozens of elderly beach front property owners, many of whom have been in Walton County for 40+ years, who are fearful of what might happen if the beach walkers get out of control.
Is our Sheriff planning to provide protection for the beachfront owners during this Kumbaya event, and intervene in any effort by the beach walkers to encroach upon or harass my fellow owners, or destroy our private property?
Have you ever wondered why so many protestors seem to “know their rights”, but they conveniently forget their responsibilities as law-abiding citizens?
Joyia Spann
Seagrove Beach, FL
