Mutual Law Tools to Promote Beach Access

The public has a right of access along the beaches and shorelines of Florida situated below the "mean high tide line" (see diagram beneath). Commodity Ten, Section xi of the Florida Constitution clarifies that the country holds the state seaward of the mean high-tide line (MHTL) in trust for the public. This is commonly known as the "Public Trust Doctrine." Traditionally, the public trust doctrine contemplated angling, commerce, and navigation equally a basis for public access, but more than recently has been expanded to encompass recreational uses such equally bathing and swimming. Some have argued to expand country land "held in the public trust" to cover just the wet sand to cover the dry sand likewise.

Expressed / Unsaid Dedications

In Florida, a state dedication is viewed every bit a license (or permission from the land owner to use their belongings) that can exist revoked at-will.

Prescriptive Easements

The public tin can establish an easement, or right to employ the holding of another for a specific purpose, by prescription. Prescription is an adverse use of property, or utilise without permission, for a prepare menses of fourth dimension. In Florida, prescriptive easements are difficult to show because courts require a strict finding of "adversity." This is difficult to plant because courts ofttimes view public access beyond private property as something a individual landowner has acquiesced to, or given unsaid permission.

Eminent Domain

This involves a government taking holding for a legitimate state purpose, in this case access to the beach. Although this may be viewed as a legitimate country purpose, information technology is far too expensive for Florida to acquire all oceanfront lands then all the sandy beaches belong to the state.

"Customary Use" Doctrine

Florida'due south best choice may be to apply the doctrine of custom broadly, as has been washed in Oregon, to the unabridged land.

Pioneered by Oregon, some states (similar Texas and Hawaii) accept followed suit by recognizing that people have customarily gathered to live, chase, fish, navigate, trade, cook, etc. along the shore, therefore the public has acquired the right past "aboriginal" custom. In Florida at that place is a burden of proof event, requiring a proponent of the doctrine to establish the particular parcel of embankment in contention has been customarily used by the public, and that use has been uninterrupted for a long elapsing. This can be difficult to constitute, but information technology has been done.

The FL Supreme Court has recognized, in a limited style, the "custom doctrine" (as applied to a specific expanse of a particular embankment) in Metropolis of Daytona Beach v. Tona-Rama Inc., 294 So. 2d 73 (Fla. 1974). However, in Reynolds v. Canton of Volusia, 659 And then. 2d 1186 (Fla. fifth DCA 1995), the 5th District Courtroom of Appeal clarified the geographic scope of the Supreme Court'due south stance in Tona-Rama. The courtroom stated that the doctrine of custom requires "courts to ascertain in each case the degree of customary and ancient utilise the beach has been subjected to and, in addition, to balance whether the proposed utilize of the state by the fee owners will interfere with such use enjoyed past the public in the past." Therefore, dissimilar Oregon, the doctrine of custom co-ordinate to Reynolds is applied on a tract-by-tract basis in Florida.

State Statutes

Fla. Stat. § 161.55 (5) PUBLIC ACCESS
Where the public has established an accessway through individual lands to lands seaward of the hateful loftier tide or water line by prescription, prescriptive easement, or any other legal means, development or structure shall not interfere with such right of public access unless a comparable alternative accessway is provided. The developer shall have the correct to improve, consolidate, or relocate such public accessways and so long equally the accessways provided past the programmer are:

  • Of substantially similar quality and convenience to the public;
  • Approved by the local authorities;
  • Canonical by the department whenever improvements are involved seaward of the coastal construction command line; and
  • Consistent with the coastal direction element of the local comprehensive program adopted pursuant to s. 163.3178.

Fla. Stat. § 163.3177(due east)
A recreation and open space element indicating a comprehensive organisation of public and private sites for recreation, including, just not express to, natural reservations, parks and playgrounds, parkways, beaches and public access to beaches, open up spaces, waterways, and other recreational facilities.

Fla. Stat. §§ 163.3178(7) and 163.3178(2)(k)
"Embankment access" addressed in coastal management chemical element of local comprehensive plans.

Fla. Stat. § 187.201(viii)(b)(2)
Seeks to "Ensure the public's right to reasonable access to beaches." (A fundamental objective ready forth in the Land's Comprehensive Programme).

Fla. Stat. § 375.251
Limitation on liability of persons making available to public certain areas for recreational purposes without charge.

Florida Embankment and Shore Preservation Deed, Parts I and II of Affiliate 161, Florida Statutes
The purpose of the Florida Beach and Shore Preservation Act is to preserve and protect Florida's beach and dune systems.

Littoral Construction Command Line, Fla. Stat. § 161.053
The CCCL program, one of 3 interrelated components of the Statewide Embankment Management Program, protects the beach and dune arrangement from imprudent upland construction which could weaken, damage, or destroy the integrity of the arrangement. A 2012 study suggested that many littoral property owners are unaware of the CCCL regulations. CLICK HERE TO VIEW THE FULL REPORT ON PROPERTY OWNER PERCEPTIONS OF THE CCCL

Beach Management Funding Help Program, Fla. Stat. § 161.101
The BMFA program, i of three interrelated components of the Statewide Beach Management Program, provides for the restoration and maintenance of critically eroding beaches.

Joint Littoral Permit Plan, Fla. Stat. § 161.055
The JCPP program, one of iii interrelated components of the Statewide Beach Management Programme, protects the shoreline from activities which could contribute to erosion, water pollution or habitat deposition.

Federal Law

Coastal Zone Direction Human activity
Administered by NOAA'due south Function of Ocean and Littoral Resource Management (OCRM), this Deed provides for direction of the nation's coastal resources, balancing economic evolution with environmental conservation.

Boating

State Statutes

Florida Vessel Safety Law, Affiliate 327, Florida Statutes

Vessels: Championship Certificates; Leins; Registrations,
Affiliate 328, Florida Statutes

Federal Law

Code of Federal Regulations to Recreational Boating
Provided by the U.S. Coast Guard'due south Boating Safety Sectionalization.

Working Waterfronts

State Statutes

Waterfronts Florida Legislation, Fla. Stat. § 342.201
Statute defines purpose of plan "to provide technical assistance, back up, grooming, and financial aid to waterfront communities in their efforts to revitalize waterfront areas."

Waterfront Protection Legislation

  • Waterfront Holding, Chpt. 2005-157, HB 955
  • Regulating Natural Resources, Chpt. 2005-158, HB 989
  • Growth Management, Chpt. 2006-220, HB 683