Surfrider Foundation Amicus Brief for Beach Access

The City of Destin and Walton County, Florida, filed an application for a beach restoration project under this law. This application was challenged by two property owner groups (Save Our Beaches, Inc. and Stop the Beach Renourishment, Inc.) who argued that the beach erosion control law effects a taking of property without compensation. The property owners prevailed in their challenge before the Court of Appeal and the Florida Supreme Court granted review. In late 2008, the Florida Supreme Court overturned the decision and ruled against the property owners. The owners appealed to the U.S. Surpeme Court, and PLF supported the petitioner as amicus curiae in the High Court.


Questions presented to the US Supreme Court:
The Florida Supreme Court invoked “nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally
protected. In doing so, did the Florida Court's decision cause a ''judicial taking" proscribed by the Fifth and Fourteenth Amendments to the United States Constitution?

Is the Florida Supreme Court's approval of a legislative scheme that eliminates constitutional littoral rights and replaces them with statutory rights a violation of the
due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution?

Is the Florida Supreme Court's approval of a legislative scheme that allows an executive agency to unilaterally modify a private landowner's property boundary without a judicial hearing or the payment of just compensation a violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution?

The Emerald Coast Chapter and SF HQ are in the process of filing a Legal Brief with the US Supreme Court....more to come shortly...

Best FL Example of a County Code of Ordinances

All Counties should adopt this ordinance like Volusia County did..

Sec. 20-82. General policy.
The intent of section 205.1 of the Charter is to determine as a legislative fact binding on county government that since time immemorial the public has enjoyed access to the beach and has made recreational use of the beach; that such use has been ancient, reasonable, without interruption, and free from dispute; and that, because of this customary access and use, the public has the right of access to the beach and a right to use the beach for recreation and other customary purposes. The intent of section 205.1 of the Charter is to mandate that county government define, protect and enforce the public's customary rights of beach access and use. It is not the intent of the Charter or of this chapter to affect in any way the title of the owner of land adjacent to the Atlantic Ocean, or to impair the right of any such owner to contest the existence of the customary right of the public to access and use any particular area of privately owned beach, or to reduce or limit any rights of public access or use that may exist or arise other than as customary rights. It is therefore declared and affirmed to be the public policy of this county that the public, individually and collectively, subject to the provisions of this chapter, shall have the right of personal ingress and egress to and from the beach and the right to make recreational and other customary uses of the beach. The county legal department shall be authorized to take all steps legally necessary to protect and defend the public right of access and use declared by the Charter and this chapter.
(Ord. No. 87-36, § 3.01, 11-16-87)

Florida Bar Journal Article on Beach Access

Check out the recent COVER of the Florida Bar Journal and its discussion on Beach Access: Click Here to Read the Article.

Beach Bill died in Senate in April

The bill did die early on in March after not making it to the next Senate Committee agenda.

Can We Get this Bill to the Next Committee?

This proposal may die if it doesn’t advance to the next Committee.

Email or call these Florida Senators to ask that the bill be placed on the Community Affairs Committee agenda.

You can copy the below text into an email if you want, or call and say:

“Dear Representatives,

Please place SB 488 on the Community Affairs Committee agenda, and support approval of the bill.

Existing Florida law regarding public beach access is confusing and dispersed in various regulations, making it difficult to enforce violations by private property owners or municipalities that impede public beach access. This bill would simplify and consolidate the law regarding public beach access. Doing so will be of value to Florida residents and visitors to our state.”

Emailing would better. You can email all of the Committee members at once if you like.

Committee email addresses (copy into your email’s “to”)
bennett.mike.web@flsenate.gov,siplin.gary.web@flsenate.gov, altman.thad.web@flsenate.gov, deutch.ted.web@flsenate.gov, garcia.rudy.web@flsenate.gov, gardiner.andy.web@flsenate.gov, hill.tony.web@flsenate.gov, ring.jeremy.web@flsenate.gov, storms.ronda.web@flsenate.gov, wise.stephen.web@flsenate.gov

If you truly want to protect public beach access, YOU need to just do this. There are private property owners and towns that don’t want this bill passed, and their lobbyists will make an argument against approval.

OUR VOICES need to be heard. If we don’t speak up, nobody will hear us.

Sen. Michael Bennett (Chair), Bradenton (850) 487-5078
bennett.mike.web@flsenate.gov

Sen. Gary Siplin (Vice-Chair), Orlando (850) 487-5190
siplin.gary.web@flsenate.gov

Sen. Thad Altman, Melbourne (850) 487-5053
altman.thad.web@flsenate.gov

Sen. Ted Deutch, Delray Beach (850) 487-5091
deutch.ted.web@flsenate.gov

Sen. Rudy Garcia, Hialeah (850) 487-5106
garcia.rudy.web@flsenate.gov

Sen. Andy Gardiner, Orlando (850) 487-5047
gardiner.andy.web@flsenate.gov

Sen. Anthony C. Hill, Jacksonville (850) 487-5024
hill.tony.web@flsenate.gov

Sen. Jeremy Ring, Margate (850) 487-5094
ring.jeremy.web@flsenate.gov

Sen. Ronda Storms, Brandon (850) 487-5072
storms.ronda.web@flsenate.gov

Sen. Stephen R. Wise, Jacksonville (850) 487-5027
wise.stephen.web@flsenate.gov

Senate Bill Passes First Committee

On tuesday March 31st the bill BARELY made it through its first committee. We are very concerned and dont understand how there is opposition to the bill on the grounds that there is "no need for language." Next committee is Community Affairs, however due to time constraints we are not sure if we will make it.

Beach Access Bill Will Finally Be Heard in Senate

We just received word that we should be on the agenda for Tuesday, March 31st in the Senate Environmental Preservation Committee, Senate Bldg Room 401. Theses members include:

Senator Constantine (Central Fl) 850-487-5050
Senator Sobel (Broward) 850-487-5097
Senator Rich (Broward/Dade) 850-487-5103
Senator Jones (Pinellas) 850-487-5065
Senator Dockery (Central Fl) 850-487-5040
Senator Detert (Southwest Fl) 850-487-5081

What to Say when you Call your state representatives by phone (This is easy. Do it right now!)

Call one of the phone numbers listed above and tell the person who answers: “Hi. My name is __. I’m calling to ask the Senator's support for Senate Bill 488 and House Bill 527 regarding Public Beach Access.” (if you have ever had an issue with beach access being blocked you should share this as well)

That’s it!