Vacation plans and beach access

[Matt J]

Just to clarify the issue of Rosemary Beach bragging about turning beach goers away. First, this weekend is Homeowner's weekend. Secondly last year during this time homeowner's expressed frustration at the number of people on the beach who did not live/stay in Rosemary. The Rosemary Thymes is primarily a communication between the HOA management and the owner's. The biggest complaint that homeowner's had was the number of people from Seacrest Beach (The badly planned development), Village of South Walton, and other area's that were using the beach access. Truly if you are mad at anyone it should be the unscrupulous developers that decided to build 500+ houses and condos and then give them deeded beach access that amounts to several square feet per residence. The Rosemary Thymes article, although cruel sounding, is more of a justification why the HOA spent money on a security guard. I'm sure everyone who belongs to a HOA or CA likes to know that there dues are being well spent and not frittered away on rediculous expenses.

Having said all that it does seem rediculous that people are fighting over sand that ultimately nature will move along with the incredibly expensive home built on it.

 

[ShallowsNole]

Just my two cents from a slightly different perspective.

If you truly want to make an impact with your calls and emails, you should contact your elected representatives that make and enforce the laws. Not a staff person for a county department (the TDC) that has no ability to change what the laws are or how they are enforced. As can be seen by the email from the TDC, they know it is happening, the county attorney knows it is happening, everyone knows it could/will negatively impact what is happening in sowal and who is visiting, not to mention the residents who are also caught up in this. These same county staff people are involved in giving the County Commissioners the information and they have/are.

My point is that the only two groups that can change this are the County Commissioners and the Sheriff. Could you imagine having to respond to numerous phone calls and emails over and over about the same thing when you have absolutely no control over it and have already told everyone above you what is happening? It would be FRUSTRATING as HE11! Consider that when you decide who to contact as whatever time is spent listening and responding to the same emails and phone calls over and over take away from the numerous other jobs they should be doing.

Neither the sheriff nor anyone in the sheriff's dept can change things. I am dismayed that people keep blaming the sheriff's department. They do not go out of their way to remove people from certain areas of the beach; they respond ONLY WHEN SOMEONE COMPLAINS. It is not their fault that most beachfront deeds read down to the mean high water line, nor can they argue with the verbage on someone's deed. The deeds read that way because, way back when, there was no coastal construction line and the intent was not to give the beach away, but to ensure that if you bought gulf-front, nobody could build in front of you.

It would be nice if the gulf-front owners who are creating the issue wouldn't be jackasses, but I don't see any way to legally change the ownership. And the TDC is correct - of the complaints that the county receives, the majority are from beachfront owners who are complaining that their right to a private beach is not being enforced.

Meanwhile, we all grit our teeth and bite our tongues...

 

[NotDeadYet]

But how does the Sheriff who responds know that the particular beach in question is in fact deeded to the mean high water? Does he check the deed? And if it has the appropriate language, how does he then go about determining where the MHW actually is? If you read the language in the Florida Statute where MHW is defined, it is a nineteen-year average and it is not exactly straightforward. I have been told it can only be accurately determined by a survey.
And then you have beachfront owners like the ones in Old Seagrove who claim that all those seawalls were "mistakenly" located as much as 40 feet seaward of their property lines. None of them noticed when they were under construction that they were on public beach? If you believe that, I have some swamp land in South Florida for sale.

 

[ShallowsNole]

If the sand is wet, then it is south of the MHWL. As far as reading the deed, the property owners who complain typically have copies of their deed ready to evidence that their beach is "private."

This is one of those damned if you do, damned if you don't situations. There is really no happy medium.

My point is, don't blame the cops (unless the person being asked to move acts like a jerk, they ask nicely). Blame the property owner who called them and is now at the top of the hill, gloating at the power he or she is able to wield.

 

[BeachSiO2]

Those are great points SN. It really does come down to the property owner. My only point was that there is a law maker and an enforcer and only those two parties can decide how the issue is handled. Not an informational agency.

Since there is some interpretation that the enforcers have to do in this case, I think we would all agree that the best place to start is with the law makers to direct that interpretation differently through ordinance IF that is what they choose. If anyone was at the BCC meeting tonight, it looks like those law makers have decided that they are going to take the issue up. It should be fun to watch.

 

[Miss Kitty]

Beach SiO2..., you got up and left and missed meeting me! But, I know who you are now! I also met greenroomsurfer and jack s! Miss Kitty does county hall!

 

[BeachSiO2]

Beach SiO2..., you got up and left and missed meeting me! But, I know who you are now! I also met greenroomsurfer and jack s! Miss Kitty does county hall!

I don't know what you're talking about, I wasn't there, but did I see you with SJ?

 

[Miss Kitty]

I don't know what you're talking about, I wasn't there, but did I see you with SJ?

...how about dem Cowboys?

 

[BeachSiO2]

...how about dem Cowboys?

Three touchdowns in the 4th quarter last night

 

[Bdarg]

Neither the sheriff nor anyone in the sheriff's dept can change things. I am dismayed that people keep blaming the sheriff's department. They do not go out of their way to remove people from certain areas of the beach; they respond ONLY WHEN SOMEONE COMPLAINS. It is not their fault that most beachfront deeds read down to the mean high water line, nor can they argue with the verbage on someone's deed. The deeds read that way because, way back when, there was no coastal construction line and the intent was not to give the beach away, but to ensure that if you bought gulf-front, nobody could build in front of you.

It would be nice if the gulf-front owners who are creating the issue wouldn't be jackasses, but I don't see any way to legally change the ownership. And the TDC is correct - of the complaints that the county receives, the majority are from beachfront owners who are complaining that their right to a private beach is not being enforced.

Meanwhile, we all grit our teeth and bite our tongues...

I agree SN, the Sheriff's department is only doing their job. They are just another victim in the mix. The beach front owners who call the sheriff whn the kids stray over the MHWL while building their annual sandcastle are at issue.

My worry is two fold. One that the charge of criminal trespassing instead of a lighter charge puts the stakes way too high for the average beach goer to challenge the validity in court. It would be nice if we could see what the courts really think about all the different angles to this issue, rather than what a beach goer thinks of a potential year in jail. My other worry is that I have a feeling that the tourist and their dollars when confronted by the sheriff at the behest of irate homeowners will vote with their feet and their future vacation plans instead of with a telephone call to the TDC. Although, I am sure that they would waste not time calling every vacationing friend that will listen to tell them about the ruined vacation and where they do not plan to go next year.