Trespass On The Beach

[Andy A]

This morning while walking on the beach, I encountered Sheriff's Deputy Ryan Brown. I asked him what the prevailing policy by the Sheriff's Office was regarding trespass on the beach. He was kind enough to share with me correspondence received from the state attorney's office on the matter. It is as follows:

RE: TRESPASS ON THE BEACH

In order to effectively Prosecute "Trespass on the aBeach" cases the following must be accomplished at or during Arrest and included in the Arrest Report.

1. The Authority or person requesting Law Enforcement Action i.e. property
owner; representative of property owner and proof of representation
authority. You must obtain a Sworn Statement from complainant.

2. Exact location of trespass i.e. Latitude/Longitude by G.P.S. or some other
precise method.

3. Boundary description of property involved in trespass. Needed in order
to place Defendandt inside property.

4. Location of mean high waterline on property involved if property is beach
front property. This is NOT necessarily determined by the line of wet/dry
sand.
Example: If property is a sub-division or development and the trespass
is at lot 10A then the owner or representative of lot 10A can issue
trespass warnings for the location involved. And, if beach front property,
it must show where the mean high waterline is located if offense is close
to waters edge.


The "mean high water" is defined as the average height of the high waters
over a 19 year period.
F.S. 177.28 (14) and (15)
F.S. 177.28 (1)

5. Photographs that accurately show the location of the trespass that also
show known landmarks.

The only question I have remaining is where does this leave us in regard to signs on the beach?

 

[Smiling JOe]

4. Location of mean high waterline on property involved if property is beach
front property. This is NOT necessarily determined by the line of wet/dry
sand.
Example: If property is a sub-division or development and the trespass
is at lot 10A then the owner or representative of lot 10A can issue
trespass warnings for the location involved. And, if beach front property,
it must show where the mean high waterline is located if offense is close
to waters edge.


The "mean high water" is defined as the average height of the high waters
over a 19 year period.

This example they gave is not good, since it specifically states, "it must show where the mean high waterline is located if offense is close to waters edge." The mean high water mark (the 19 year average) may not be close to the waters edge all the time. If they are using the MHWM as their reference, they need to forget about proximity to the water's edge when making the determination to require the complainant to show the MHWM, and require it always, since that mark moves over time.

 

[scooterbug44]

I love that they've made the process of reporting/prosecuting someone for trespassing on 'your beach' as anal and annoying as the people who try to get folks arrested for walking on the beach!

 

[jodiFL]

Well... from what I read they can not effectively prosecute unless the complainant and or sheriffs dept can determine and show "at the time of the arrest" EXACTLY where the person is and where the MHWL is. But unless the property owner/representative has current TOPO survey they will be unable to determine that therefore cant prosecute. Because how many security guards at the subdivisions carry around those very expensive documents for every beach front lot in any given subdivision? But should the home/lot owner be there at the time that could be a very different story should you be north of that line. But having worked in the construction industry and closely with homeowners I can tell you that there are ALOT around here that wouldnt spend the extra $$ for a TOPO survey so they dont even KNOW where the MHWL is.

EDIT:

The only question I have remaining is where does this leave us in regard to signs on the beach?

With more trash on the beaches in the form of those signs.

 

[drivingtheview]

I love that they've made the process of reporting/prosecuting someone for trespassing on 'your beach' as anal and annoying as the people who try to get folks arrested for walking on the beach!

Exactly-Beautifully said!!!

Thanks for posting Andy A. He asked where does this leave us in regards to signs on the beach? Based on these requirements, hopefully they're painted white. Appears their sole purpose is a resting place for the seagulls-fittingly so

 

[Bob]

they're going to leave folks alone and let them enjoy their not too inexpensive vacation

 

[Kurt]

What happens if you start running in circles or sidewinding when the officer tries to get a GPS reading? Is that considered "resisiting locatability", or "refusal to be accurately pinpointed"?

 

[John R]

seems like open season to me. to have to be able to provide all that documentation for an arrest, looks like it's all public beach...

 

[Badges?]

The elements needed to prove a misdemeanor violation of trespass seem almost unobtainable to me. I can't imagine a successful prosecution. I suspect that is by design.

 

[Mango]

What happens if you start running in circles or sidewinding when the officer tries to get a GPS reading? Is that considered "resisiting locatability", or "refusal to be accurately pinpointed"?

:funn:the mental image........or what if your body is buried, and just your head and feet are sticking out?

I wonder if radar works, then you can keep a bucket of water in your possession, spill it when when your radar beeps. Now prove the water didn't rise up in front.