Amid noisy battles in Walton County about beach access, the Florida Senate on Thursday passed a bill that would repeal a controversial 2018 law about “customary use” of beaches.
Lawmakers have moved forward with a repeal after widespread complaints about waterfront property owners in Walton County preventing people from using beaches. Bill sponsor Jay Trumbull, a Panama City Republican whose district includes Walton County, said the repeal (SB 1622) would allow beaches to “be for everyone, not just a select few.”
The Florida Constitution ensures public access to portions of beaches “below mean high water lines,” often described as wet areas of beaches. But customary use involves dry-sand areas of beaches above the mean high water line that are often privately owned.
The 2018 law put in place an extensive process for certain local governments that want to have ordinances or rules aimed at ensuring customary use, including requiring judicial approval. Flagler County, at the behest of County Attorney Al Hadeed, passed an ordinance in 2018 preserving customary use, and neutralizing the state law.
The Senate voted 35-2 to pass the repeal bill, with opposition from Sen. Don Gaetz, R-Niceville, and Sen. Kathleen Passidomo, R-Naples. Gaetz said he thinks the bill would result in new lawsuits and “politicization” about customary use. “I don’t believe this bill solves anything,” Gaetz said. A similar bill (HB 6043) has cleared House committees and is pending in the full House.
–News Service of Florida
