STANDARD OPERATING PROCEDURE 2.1.1 as generated by the sheriff's department:
Trespassing on the Beach
- Thread starter BlueMtnBeachVagrant
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I'm sincerely surprised that you consider a link to an official Walton County website as "Link spam".
Regarding "text" or "summary", below is the document that one would have found by clicking the link OR clicking the attachment. Regarding "thoughts", like other PSAs on this forum, I believe this is one worth pointing out, especially considering we are quickly approaching the spring season when the SOP will be first enforced.
Please excuse the formatting as a PDF doesn't copy and paste well.
Regarding "text" or "summary", below is the document that one would have found by clicking the link OR clicking the attachment. Regarding "thoughts", like other PSAs on this forum, I believe this is one worth pointing out, especially considering we are quickly approaching the spring season when the SOP will be first enforced.
Please excuse the formatting as a PDF doesn't copy and paste well.
Office of the Sheriff, Walton County Purpose: To provide direction to agency members when answering calls for service related to claims of trespass on Gulf front/beach property in Walton County. Authority: Chapter 30, Florida Statutes Chapter 161, Florida Statutes Chapter 177, Florida Statutes Chapter 810, Florida Statutes Florida Constitution Article X § 11 Walton County Customary Use Settlement Agreement Definitions: Beach Nourishment – beach replenishment or sand replenishment —describes a process by which sediment lost through drift or erosion is replaced from sources outside of the eroding beach by local, state or federal funds. Erosion Control Line (ECL) –means the line determined in accordance with the provisions of F.S. 161.141-161.211 which represents the landward extent of the claims of the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico, and the bays, lagoons and other tidal reaches thereof on the date of the recording of the survey as authorized in s. 161.181. Once the ECL has been established in connection with a Beach Nourishment, the boundary between state owned and privately held beachfront is fixed. Mean High Water Line (MHWL) – means the intersection of the tidal plane of mean high water with the shore. Number: 2.1.1 Page 1 of 6 Effective Date: 10/01/23 |
| IV. V. | 000547 General: A. Procedures: A. | Walton County Customary Use Settlement Agreement- That Settlement Agreement entered by Walton County and certain gulf front/beach property owners in settlement of Case No.: 2018-CA in the First Judicial Circuit, Walton County, FL.Transitory Zone – An area of the beach extending 20 feet landward from the wet/dry sand line as established in the Walton County Customary Use Settlement Agreement. This SOP is intended to provide clarification concerning (i) property rights as they pertain to trespassing on private property along the Walton County coast line; and (ii) the right of the public to access portions of the beach. For law enforcement to take lawful action upon a claim of trespass, three things must occur: The officer must first reasonably believe that the person making the complaint is the owner of the property; AND a) “Owner” shall be defined as: Public Record Title Owners of Gulf front/beach property; and/or See documentation required under Section V. (A)(1) herein below. Renters, Agents, Users and/or Guests of the Public Record Title Owners with appropriate documentation. Trespass Authorization Letter from the Public Record Title Owner must be presented authorizing the respective Renter, Agent, User and/or Guests (along with their driver’s license and other documentation of Public Record Title Owners as listed in Section V. (A)(1) herein below). That the person trespassing is in fact on the complainant’s property; AND The person trespassing refuses to leave once requested by the officer. Deputies shall use the following guidelines regarding complaints of trespass on Gulf front property/beaches: 1. Enforcement Generally: a) If residents wish to have trespass laws enforced on their Gulf front/beach properties, the Sheriff’s Office (“WCSO”) will need several documents presented by the Public Record Title Owner (“Owner”) and retained by the officer for use as evidence in any criminal prosecution. If these items are not presented, the WCSO will not be able to clearly establish the necessary elements for criminal trespass on private property inland of the mean high water line. The necessary documents are: | ||
| Number: 2.1.1 | Page 2 of 6 | Effective Date: 10/01/23 | ||
| 2. | Copy of Owner’s deed (certified copy preferred). This can be obtained from the Walton County Clerk’s office at the South Walton Annex. If property is part of a subdivision or condominium plat, a copy of the Plat (certified copy preferred). Also available from the Walton County Clerk’s office. Copy of Owner’s driver’s license, which name thereon shall be on the deed. If the property is titled in something other than the Owner’s individual name (i.e., corporation; limited liability company; limited partnership; trust; etc.), then in addition to the driver’s license, a resolution executed by all principals of the entity authorizing the person with the driver’s license to act on behalf of the entity. If the beach area in question is designated as “common area” and dedicated on the plat to a homeowner’s association, or condominium association, than a Board of Directors resolution or Trespass Authorization Letter must also be presented authorizing the person with the driver’s license to act on behalf of the association. Renters, Agents, Users and/or Guests of the Owner may seek to enforce trespass on the subject property with all required information as listed above in addition to a Trespass Authorization Letter from the Owner. A signed, sealed and certified survey approved by and submitted to the Florida Department of Environmental Protection (FDEP) that establishes the mean-high water line and such survey is recorded in the Walton County Clerk’s Office. If the survey does not contain an FDEP approval stamp, then a letter from FDEP approving the survey will suffice. All linear dimensions of the property’s boundary need be shown on the survey with recognizable upland marks. (NOTE: FDEP does not require linear dimensions be shown on MHWL FDEP approved survey thus such survey may or may not show dimensions. If the survey does not show linear dimensions, the owner must have their surveyor update their survey to show same). (NOTE: If the alleged trespasser is far enough away from the wet sand where it is obvious to the officer based on other documents received they are on the owner’s property, a signed and sealed survey not approved by FDEP for purposes of establishing mean high-water line will suffice. 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 (if applicable), and properly staked in the event the owner’s property has such line established thereon by FDEP. NOTE: Notwithstanding the lack of markings on the ground or other staking, if the officer can readily determine linear boundaries then the officer may proceed with enforcement. When there is a dispute between a member of the general public and any beach parcel owner: a) A Beach Community Service Officer should be dispatched to the incident to attempt to resolve the situation. |
Number: 2.1.1 | Page 3 of 6 Effective Date: 10/01/23 |
| If the Beach Community Service Officer cannot resolve the situation, they should call for a deputy to respond to the incident. Subject to a deputy’s enforcement discretion according to the particular facts and circumstances of each incident, if the deputy cannot resolve the situation, and a person, after being asked to leave by a WCSO/beach patrol deputy, refuses to leave the private property (established in accordance with the requirements herein above), or Transitory Zone (if subject to the Walton County Customary Use Settlement Agreement), then the deputy may issue a trespass warning to the violator at the request of the beach parcel owner. If the violator still refuses to leave after the warning has been issued, then the violator may be issued a civil citation or notice to appear, and will be subject to arrest. Gulf front/beach properties NOT a party to the Walton County Customary Use Settlement Agreement, and without an established ECL: Deputies shall not enforce trespass laws in the area seaward of either (i) the wet sand areas; or (ii) seaward of the MHWL (see survey requirements above for establishment/recordation of the MHWL) All deputies shall use discretion in making decisions to cite anyone for trespassing on beach areas, based on the individual facts and circumstances of each particular case. Properties with an established ECL or Beach Nourishment: Beach Nourishment Areas with established Erosion Control Line (“ECL”): Deputies shall not enforce trespass laws anywhere in the area seaward of the ECL. This includes Beach Parcel Owners West of Tops’l State Park- The area of the beach which exists between Tops’l State Park on the eastern terminus, and the Okaloosa/Walton County Line on the western terminus, inclusive. The general public can have use of the beach south of the ECL, but will not have the ability to use the beach north of the ECL west of Tops’l State Park to the Okaloosa/Walton County line. Gulf front/beach properties subject to the Walton County Customary Use Settlement Agreement Use of the Transitory Zone of their property by the general public shall apply to gulf front/beach property owners who entered into the Walton County Customary Use Settlement Agreement (the “Agreement”). Under the Agreement, the public is entitled to use the Transitory Zone on those properties for the following approved uses, subject to additional conditions as set forth below. The public may use the Transitory Zone for: Walking, running, and jogging. Access to the wet sand and water for swimming, surfing, surf fishing, and skim boarding. Number: 2.1.1 Page 4 of 6 Effective Date: 10/01/23 |
| 2. 3. 4. 5. 6. 7. 8. | Sunbathing which consists of standing, sitting, or laying, either on the sand or on a beach towel or in/on a chair that is privately owned by the user and is not stored by nor associated with a third-party vendor, condominium association, townhome association, hotel, motel, bed and breakfast, or other commercial property between the hours of 9:00 am – 4:00pm, CST. All other uses by the general public of the Transitory Zone are prohibited. See Section V(A)(1) herein above for definition and requirements for enforcement actions of “Owner”. The general public is prohibited from entering onto any of the Owner’s property landward of the transitory zone. No person or entity, whether part of the General Public or an Owner, shall engage in any activity or behavior that acts to restrict Transitory Uses in the Transitory Zone as provided in the Agreement, or is otherwise a violation of law. Owners may exercise all lawful uses of their beach parcel, including within the Transitory Zone, without the same restrictions applicable to the general public. The right of the public to use the Transitory Zone only applies if the Owner is not actively using the portion of the Zone on their property. Owners shall possess the right to exclude any person within the Transitory Zone if they are not respectfully conducting themselves or otherwise complying with the Agreement and the Revised Beach Activity Ordinance while engaging in the allowed uses. Owners may enter into contracts with beach vendors to place beach chair and umbrella set ups on their beach parcel, including within the Transitory Zone, for use by the Owners. There will be no more than one person per every five feet allowed in the Transitory Zone. In the event a member of the general public begins to exercise allowed uses in the Transitory Zone, and subsequently the Owner begins or resumes active use of the Transitory Zone on their Beach Parcel, the member or members of the general public must acquiesce use in favor of the Owner upon request from the Owner. a) If the above occurs, the member of the general public shall not be required to vacate the Transitory Zone unless their use interferes with the intended use of the Owner, and relocation within the Transitory Zone should be the preferred solution. Allowed uses of the Transitory Zone shall be allowed regardless of whether all or any portion of the Transitory Zone is landward or seaward of the MHWL. Any dispute arising from the Walton County Customary Use Settlement Agreement shall follow the general enforcement procedures as outlined in Section A(2) herein |
Number: 2.1.1 | Page 5 of 6 Effective Date: 10/01/23 |
| above, with the Beach Community Service Officer education to the parties on the applicable provisions | ’s first attempt to involve of the Agreement if necessary. | |
Number: 2.1.1 | Page 6 of 6 | Effective Date: 10/01/23 |
Noticed that the name of the park is spelled wrong in the document, it is Topsail Hill Preserve State Park and Tops'l is the resort.
Thanks - not link spam like viagra link but a naked link is also considered spam and at least not good form without posting an excerpt or an opinion etc for discussion.
As for the content, what are your thoughts?
Personally I think the WCSO has other things to do and calls from complainers will be politely attended to (basically ignored). A few owners will probably be real bitches about it and they will be labeled as such and so what.
Walco will point to the new beach ambassadors program as dealing with issues.
Kind of shocking that this is our beach town now. What other beaches in Florida have these beach restrictions on random private owned beaches?
My thoughts on SOP 2.1.1?
After over 15 years of my debating private property rights here on SoWal, I predicted it would come down to this, that the county would lose the customary use case - and not just because of my obvious bias as a beachfront owner.
Most people, including our beloved county commissioners, believed private property could simply be taken and made public. And the only thing they had going for them, in my opinion, was the lynch mob mentality that was so pervasive, much to the expense of everyone.
It certainly appears that there are members of the general public who continue to shoot the proverbial finger at this outcome and predict the sheriff's department will do little when a transgression occurs and is documented. And that is my concern - that misguided statements might encourage members of the general public to "test" the sheriff's department resolve regarding trespassing complaints. I sincerely hope that this is an absolute rarity. As in other legal decisions like this, THERE WILL BE A "TEST CASE". And it will probably be some obstinate beach goer that has no respect for private property or the rule of law (sheriff's department). They will be arrested.
This post in another thread states that customary use was "proven" on 95 parcels. Of course, I strongly disputed the word "proven" in that thread. Customary use was achieved on these parcels by DEFAULT (these 95 parcels did not file against the county). Never the less, my understanding is that there are now 95 beachfront parcels in Walton County where the public has SOME rights to the 20 feet of beach north of the current wet/dry sand line (20 foot transitory zone). Should there be repetitive documented transgressions where the sheriff does not enforce agreed upon private property rights within AND north of the transitory zone, the county will lose any rights to this transitory zone and the property will revert to being fully private like most other beach front parcels.
To those who think there are no repercussions for the sheriff not enforcing private property rights, especially on these 95 parcels, that concept just might be wrong.
As a side note, I believe the beach ambassador program will be effective as most people just want to enjoy the beach and not be confrontational.
