A Florida representative has introduced legislation to repeal a current Florida Statute that rules on customary usage.
regarding customary usage , meaning the ability for the public to access the beach in front of privately owned property. The statute says a government entity cannot adopt or keep an ordinance that relies on or is based on customary use of any portion of a beach above theRep.
Rudman, who owns a property in Seagrove Beach, created his bill to eliminate what he says is a state overstep from the statute. “As a state legislator, I am very concerned when we get big government involved in local decisions. I’m a Republican, I don’t believe in big government, I don’t believe in bringing Tallahassee into a local dispute,” Representative Rudman said. “I am simply trying to disengage Tallahassee from the dispute and let the resolution come from the citizens and elected officials who actually go to 30A and live in Walton County and pay taxes in Walton County.” Representative Rudman says the statute targeted Walton County, citing an exemption in the 2018 statute. “That provision essentially exempted every other county in the state, so in my opinion, this was done on purpose. This was done to target Walton County. I believe the citizens of Walton County should have the same rights as citizens in Bay County, Okaloosa, and St. John County,” Representative Rudman said. The exemption outlines a date in which the county needed to have an ordinance in order to be exempted from the state statute. “This section does not apply to a governmental entity with an ordinance or rule that was adopted and in effect on or before January 1, 2016, and does not deprive a governmental entity from raising customary use as an affirmative defense in any proceeding challenging an ordinance or rule adopted before July 1, 2018,” the statute states.Chapter 23“The public’s long-standing customary use of the dry sand areas of all of the beaches in the county for recreational purposes is hereby protected. Except as stated in subsection , no individual, group, or entity shall impede or interfere with the right of the public at large, including the residents and visitors of the county, to utilize the dry sand areas of the beach that are owned by private entities for recreational purposes.”“This chapter makes no finding of fact that the public either has or has not customarily used any particular piece of gulf front property beach.”You can watch more from this interview below: A Florida representative has introduced legislation to repeal a current Florida Statute that rules on customary usage.
Customary Use Customary Usage Florida Statute Tallahassee Joel Rudman District 3 In The State House Legislator Hb6001 Walton County 30A Beach Beaches Private Property Public Publically Public Use House Bill Bill
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