http://story.waltonsun.com/article.display.db.php?a=1734
Walton
County’s TDC stated:
“Many
of the county’s beaches are private due to the way some of the
area’s properties were originally deeded….”
My
opinion:
There are
no ‘PRIVATE BEACHES’ in Florida:
Beaches
consists of 2 elements: (1)
A dry sand area and (2) A wet sand area
The
dry sand area can be either privately of publicly owned, while the wet
area has proprietary
(ownership) authority and held
in trust for the public:
‘All
tidally influenced waters to the mean high water line and navigable
fresh waterbodies to the ordinary high water line in existence when
Florida became a state in 1845 are considered sovereign. In accordance
with the Constitution of the State of Florida, these lands are held in
trust by the state for all the people. As the Trustees, the Governor
and Cabinet have proprietary (ownership) authority over sovereign
submerged lands and their uses and are responsible for insuring that
these lands and the associated aquatic resources remain healthy and in
abundance for present and future generations.’
Reference:
http://www.dep.state.fl.us/WATER/wetlands/erp/propvreg.htm
Hence,
to say a beach in Florida is a ‘PRIVATE BEACH’ should be
considered both false and misleading.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Walton
County’s TDC stated:
‘…beachgoers
who set up tents and chairs in these areas may be asked to move”
My
opinion:
Private
sand owners, those who own dry sand on public beaches, may file
complaints with local law enforcement, but cannot use local law
enforcement as their private agents, to enforce speculated trespassing
violations.
From
AGO 2002-38 ~
"Thus, it is my opinion that private property owners who hold
title to dry sand areas of the beach falling within the jurisdictional
limits of the City of Destin may utilize local law enforcement for
purposes of reporting incidents of trespass upon their property on a
case-by-case basis. However, local law enforcement officers may not be
pre-authorized to act as agents of private landowners for the purpose
of communicating orders to their property on a case-by-case basis.
However, local law enforcement officers may not be pre-authorized to
act as agents of private landowners for the purpose of communicating
orders to leave private property to alleged trespassers pursuant to
section 810.09(2)(b), Florida Statutes.."
From
AGO 2002-38 ~
"The general public may continue to use the dry sand area
for their usual recreational activities, not because the public has
any interest in the land itself, but because of a right gained through
custom to use this particular area of the beach as they have without
dispute and without interruption for many years."
My
opinion:
The general public should be allowed to continue to use
the dry sand area for their usual recreational activities
until the private sand owner, those who own dry sand on public
beaches, prove that no "customary right of use" by the
public exists.
It’s
up to the courts to decide if "customary right of use" of
the dry sand on a particular beach exists and not the dry sand owner,
not the local police and not the
TDC.
From
AGO 2002-38 ~
"However, portions of this property are subject to private
ownership and until a court establishes a "customary right of
use" by the public in such real property, the fee owners thereof
may make complaints of trespass to local law enforcement officers as
they occur."
