On Tuesday, Governor Ron DeSantis signed a bill repealing a contentious 2018 law that restricted public beach access in certain locations. Following several complaints about Walton County waterfront property owners blocking beach access, lawmakers passed the bill (SB 1622) in April.
It’s not only a legal problem; it’s a community problem when 80 percent of your economy depends on these stunning beaches. “At a bill signing event at Shunk Gulley Oyster Bar in Santa Rosa Beach, Senate bill sponsor Jay Trumbull, R-Panama City, said. It affects local companies, jobs, and the atmosphere of the community where we live.
Customary beach usage is the problem. Public access to regions of beaches that are below mean high water lines—often referred to as wet areas of beaches—is guaranteed by the Florida Constitution. However, dry-sand, frequently privately owned beach sections above the mean high water level are used in a traditional manner. The 2018 law established a rigorous procedure, including judicial approval, for local governments seeking to enact laws or regulations intended to ensure customary use.
Flagler County was in the forefront. In 2018, the Flagler County Commission passed an ordinance that grandfathered the county under the new statute, preserving customary use on the 18 miles of shoreline. This was done ahead of schedule and at the request and coordination of County Attorney Al Hadeed. Hadeed arranged lengthy hearings before to the ordinance’s passage, during which numerous lifelong locals testified about their usage of the beach throughout the years. This served to support a history that supported the new legislation. See: Flagler Recalls Old Traditions to Preserve Public Use of Private Beachfronts.
It’s unclear if the new state law completely nullifies Flagler County’s ordinance. During Hadeed’s nearly three decades as county attorney (in two distinct stints), the ordinance is still one of many landmarks of his in-depth, precedent-setting legal work. This summer, Hadeed is scheduled to retire.
Florida’s FlaglerLive & News Service
