Stop Bad Beach Access Bill (Again!)
In the final weeks of the 2017 Legislative Session, Representative Katie Edwards filed legislation and an amendment that would block local governments from protecting public access to beaches. The bill would have preempted local governments from passing or enforcing any local customary use ordinances- such as the local ordinance that recently took effect in Walton County. Thankfully, the bill died- but now, it's back again! The bad beach access bill has been refiled for the 2018 Legislative Session.
UPDATE: Despite our rigorous opposition, HB 631 passed the House and Senate in the final week of the 2018 Legislative Session. Here's an example of what we said, Surfrider Foundation testimony beings at 1:04. The law took effect on July 1st and has been roundly criticized across Florida. In fact, the legislation was so confusing and contentious that Governor Scott issued an Executive Order attempting to clarify the new law. Click here to read the Governor's order. While we certainly agree with the Governor that our beaches are the lifeblood of Florida's tourism economy and essential to the preservation of our quality of life, his EC does not impact the underlying dispute over customary use. The issue of customary use in Walton County continues to be litigated, and we are unlikely to have any resolution to the issue until the courts weigh in.
SB 804 & HB 631, “Possession of Real Property” by Senator Passidomo and Representative Edwards, would prohibit all local customary use ordinances, requiring instead a judicial determination customary use claim be determined by a court on a parcel-by-parcel basis. Unbelieveably, this legislation comes just weeks after a court upheld Walton County's Customary Use Ordinance. In that case, Judget Rogers correctly held that Florida counties have authority to recognize, regulate, and protect the public’s right to use their dry sand beaches, based on custom. If this bad bill were to pass, St. Johns, Volusia, and Walton counties would all be at risk of losing their customary use ordinances.
The Surfrider Foundation strongly believes that local entities should continue to have that right to recognize, regulate, and protect the public's recreational use of beaches. This home rule authority must not be taken away from local entities. If the legislature were to take away local governments' home rule authority to protect public customary use rights, it will negatively effect tourism and the economy at the state and local levels. People live and come to Florida because of our beaches. And as the Alford decision correctly recognizes, and as the Florida Supreme Court has acknowledged, “No part of Florida is more exclusively hers, nor more properly utilized by her people than her beaches.”