The following is the conclusion portion of a paper written by S. Brent Spain entitled "FLORIDA BEACH ACCESS: NOTHING BUT WET SAND?"
I have also included a link to this paper, which summaries recent court cases involving beach access, including a relevant Destin, Fl case. The TDC and BCC should start banking money, pass a customary use ordinance and prepare to defend it in court.
BEACH ACCESS
"Despite numerous calls during the past twenty-five years for legislation at the state level to protect the public's right to utilize the dry sand areas of Florida beaches,
[141][142] In the absence of adequate state legislation, local governments and the judiciary have the burden and responsibility to protect public beach access. In
City of Daytona Beach v. Tona-Rama, Inc.,
[143] the Florida Supreme Court recognized the doctrine of customary use as a means by which the public may secure rights to utilize the dry sand areas of Florida beaches for traditional recreational activities.
[144][145]
In a state such as Florida, which is a favorite tourist destination
[146][147] the issue of adequate public beach access should be a priority. Few, if any, of the state's tourists are probably aware that the majority of Florida beaches are privately owned.
[148] One can easily imagine the surprise and shock of unsuspecting visitors to Florida who are threatened with arrest for trespassing because the beach they are enjoying is private property.
[149] Indeed, the frequency of such incidents is likely to increase, absent adequate protective measures, as tourists and coastal residents place more and more pressure upon Florida's coastal resources. Florida and its residents should not, and cannot afford to, "bite the hand that feeds," so to speak. In light of the State Legislature's failure to adequately protect public beach access, local governments should adopt ordinances protecting the public's long-standing customary use of the dry sand areas of their beaches.
[150] Without such measures, the Florida public may very well be left with nothing but wet sand"