Back to All About SoWal

Private Beaches in South Walton - Customary Use Updates & SB1622

Palmer T
54,013 views
I know this has been discussed, but does anyone else find private beaches offensive? For 30+ years, my family rented beachfront houses in Panama City Beach and exclusive beach access never crossed our minds. It felt like a privilege just to walk out onto the sand. Given the county-level difference in property law (Bay vs. Walton).

We've vacationed here four times, but never again. Our condo's convenient boardwalk, previously leading to open beach, now funneled us into a tiny, packed zone. Cones blocked access, forcing us to walk along the water to reach the 'public' area. The sight of miles of deserted beach on either side was infuriating. For the price, we're taking our business elsewhere.

Replies

232
navigate30a avatar
Beach Lover
#2
I know this has been discussed, but does anyone else find private beaches offensive? For 30+ years, my family rented beachfront houses in Panama City Beach and exclusive beach access never crossed our minds. It felt like a privilege just to walk out onto the sand. Given the county-level difference in property law (Bay vs. Walton).

We've vacationed here four times, but never again. Our condo's convenient boardwalk, previously leading to open beach, now funneled us into a tiny, packed zone. Cones blocked access, forcing us to walk along the water to reach the 'public' area. The sight of miles of deserted beach on either side was infuriating. For the price, we're taking our business elsewhere.
It really is a shame. I suspect West PCB will reap lots of benefits from this landmark mistake. Praying you and your family have a safe & fun time
Joe avatar
Beach Lover
#3
Alright, buckle up, because here's a rant about private beaches in South Walton, with that "SoWal" flavor:

"Let me tell you something about these 'private beaches' all over South Walton. It ain't about 'private,' it's about pure, unadulterated greed. They're carving up paradise like it's a damn pie, and guess who gets the crumbs? Us. The folks who've been coming here for generations, the ones who built this place's charm, are now being told, 'Nah, you can't walk there.'

Remember when you could stroll down the beach, find a spot, throw down a towel, and just...be? Remember the sunsets that weren't blocked by 'private property' signs? Remember the sound of kids laughing, building sandcastles, without some rich guy's security guard telling them to 'move along'?

Now, it's all about lines in the sand – literally. Lines drawn by folks who think they own the damn ocean. They buy a beachfront house, suddenly they own the whole damn view. They act like they’re the first people to ever see a sunset. They want to keep everyone else out, like they’re living in some gated community on the water.

They claim it's about 'protecting the dunes,' or 'preserving the natural beauty.' Bullshit. It's about keeping the riff-raff out, keeping the beaches for themselves. They don't care about the dunes; they care about their damn property values. They don’t care about natural beauty, they care about their own view.

And the worst part? The tourists, the ones who pour money into this place, the ones who keep the restaurants open and the shops buzzing, they're the ones getting screwed the hardest. They come here for the 'emerald coast,' and they find out it's emerald coast with a big, fat 'PRIVATE' sign stuck right in the middle.

It's a damn shame. It's a slap in the face to everyone who loves this place for what it used to be. It's a sign that money talks, and the rest of us can just go pound sand – on the tiny sliver of beach they leave us. And mark my words, this ain't gonna end well. This ain't about beaches, this is about a community losing its soul."
Beach Comber
#4
The beach access problems in Walton County are made worse by the County's decision to allow commercial vendors on the shoreline. This move created a conflict, as the County had already been taxing homeowners on land extending into the Gulf. Suddenly, these vendors were setting up shop on what homeowners considered their private, taxed property, all day long.

This isn't about families enjoying a week at the beach. The core issue is the County's inconsistent policy. They're taxing homeowners for beachfront property, then allowing commercial activity on that same land. It's a contradiction that needs to be addressed. If it's truly public beach, stop taxing homeowners for it. If it's private, then restrict commercial vending.

The current approach clearly isn't working. It reflects a pattern of questionable decisions by the County. It feels like they're driving this place towards a Destin-like overdevelopment, fueled by poor planning and leadership. I've heard rumors about potential accountability related to a missing 30A park, which might bring some change. It's frustrating, because I deeply care about this area, but the current direction is deeply concerning.
Beach Fanatic
#5
And yet we keep building.
Jim Tucker avatar
Beach Fanatic
#6
A bill to repeal a controversial 2018 law that limited public access to beaches in Walton County cleared its first legislative hurdle last Tuesday in the Florida Senate.

The Senate Judiciary Committee voted 9-2 to advance SB1622, sponsored by District 2 Senator Jay Trumbull, which would eliminate a law that preempted Walton County’s customary use ordinance. Senators Don Gaetz and Kathleen Passidomo cast the only dissenting votes.

“Walton County was uniquely affected by this statute due to a narrow exception which recognized only ordinances before January 1st, 2016,” Trumbull told the committee. “The result was Walton County’s ordinance, which was adopted in October of 2016, was preempted, which afforded private beach owners, many of whom held deeds to the mean high waterline, the right to call out beachgoers for trespassing on dry sand behind their homes.”

Under Florida law, “customary use” refers to the public’s right to access and use the dry sand areas of privately-owned beaches if that use has been ancient, reasonable, without interruption, and free from dispute. While the state owns the wet sand area below the mean high-water line as public land, the dry sand areas above this line can be privately owned.

The 2018 law established stringent procedures that local governments must follow to claim customary use, including filing a lawsuit and proving customary use for each individual parcel. This effectively overturned Walton County’s 2016 ordinance that had declared customary use rights for the public across all county beaches.

Following the 2018 law, Walton County filed a lawsuit seeking declaration of customary use for 1,194 private properties. After nearly five years of litigation, most property owners either obtained dismissals or negotiated limited 20-foot public access areas.

Walton County Commissioner Tony Anderson, who has lived in the county for 69 years, spoke passionately in support of the bill.

“Walton County had customary use for years,” Anderson said. “I’ve walked every mile of that beach numerous times. I’ve crabbed there, I’ve fished there, I’ve sunbathed there. Until 2018, everybody that grew up in Walton County used those beaches publicly.”


Destin Mayor Bobby Wagner voiced support for neighboring Walton County, noting how beach access restrictions have created conflict. “We’re seeing fights break out. Sheriffs are getting involved, and it’s really making a black eye in the panhandle,” Wagner said. “For us, being a southern culture of hospitality, it’s turning into a political nightmare with literal lines in the sand.”

The economic impact on the county has been significant, according to testimony at the hearing. One speaker noted that while tourism increased 1.8% statewide, Walton County has seen an 11% decline. Real estate professionals testified that residential sales volume is down 36% from its peak, with transactions down 47%, and the county now has a higher inventory of unsold homes than the state average.

Senator Passidomo, who sponsored the 2018 law, defended her legislation. “The bottom line is the original bill came as an amendment to a marketable record title act bill that I had filed in 2016,” she explained. “My feeling is customary use is something that the courts determine. The courts need to do that.”

Senator Don Gaetz, who voted against the bill, offered a more cautious assessment of the situation, drawing from his 40-plus years as a Walton County property owner.

“Whatever you do with this bill is not going to solve the problems in Walton County,” Gaetz warned the committee. “My fear is, in fact my hard prediction is that whatever you do with this bill is not going to solve the problems in Walton County of people who think they own property near the beach or on the beach because they bought it from being very upset when somebody else tries to use that property.”


In the House, a companion bill (HB 6043) sponsored by Representative Alex Andrade was approved last Thursday by the House Civil Justice and Claims Committee and next faces the Natural Resources and Disasters Subcommittee.

The bill was heard by the Senate Community Affairs Committee yesterday where it also passed favorably."
Jim Tucker avatar
Beach Fanatic
#7
The Florida legislature is currently considering bills HB 6043 and SB 1622, which aim to repeal a 2018 law that significantly impacted public beach access, particularly in Walton County. Here's a summary of the situation:

The Core Issue:
  • The 2018 law created stringent requirements for local governments to establish "customary use" rights, effectively limiting public access to privately owned dry sand areas of beaches.
  • This law had a disproportionate impact on Walton County, where a 2016 ordinance protecting public access was preempted.

The Bills:
  • HB 6043 and SB 1622 seek to repeal the 2018 law, restoring the ability of local governments to protect public beach access.
  • These bills aim to re-establish "customary use" ordinances and rebalance private property rights with public access.

Legislative Progress:
  • Both bills are progressing through the Florida legislature, with committee hearings and votes taking place.
  • SB 1622 has passed favorably through the Senate Judiciary committee, and also the Senate Community affairs commitee.
  • HB 6043 has passed through the House Civil Justice and Claims Committee and is now in the Natural Resources and Disasters Subcommittee.

Community Impact:
  • The 2018 law has led to disputes and conflicts on beaches, with reports of confrontations and law enforcement involvement.
  • There are also reports of negative economic impacts, including declines in tourism and real estate sales.
  • There is vocal support from local county and city officials to see this 2018 law repealed.

Key Arguments:
  • Supporters of the repeal argue that it will restore traditional beach access and protect the public's right to enjoy Florida's beaches.
  • Opponents express concerns about protecting private property rights and the potential for increased litigation.

In essence, these bills represent a significant effort to reverse the effects of the 2018 law and restore public beach access in Florida.
Jim Tucker avatar
Beach Fanatic
#8



The Florida Legislature has a chance to open beaches in Walton County.

On Feb. 28, state Sen. Jay Trumbull (R-Panama City) filed legislation to repeal a 2018 law restricting public beach access and barring local governments from passing ordinances on customary use.

The bill is the second piece of legislation to be filed on the issue in the past several months. In December, former state Rep. Joel Rudman (R-Navarre) filed HB 6001 before leaving office for a run as the Republican nominee for Florida's First Congressional District. The bill was thrown out after Rudman left the state legislature.

Trumbull’s bill, known as SB 1622, aims to overturn a measure that has drawn controversy since its passage. The law prohibits local ordinances allowing the public to walk, sunbathe or picnic on private beaches, except for those established before 2016.

“l've heard loud and clear from the residents of Senate District 2, especially in Walton County, about the importance of protecting public beach access," Trumbull said in a news release. "That's why l've filed Senate Bill 1622 to repeal the 2018 law that restricts local governments from recognizing customary use of our beaches."

Under current state law, any sand below the high tide water mark is publicly accessible. However, dry sand above that line can be privately owned, creating disputes in coastal communities, especially in areas where private property borders public beaches.

In 2018, the legislature approved HB 631, which was signed by then-Gov. Rick Scott. State lawmakers were lobbied by former Arkansas Gov. Mike Huckabee, who owned a beach house in Walton County at the time. The law nullified Walton County’s customary use ordinance while allowing older ordinances elsewhere to remain intact.

Huckabee sold his Blue Mountain Beach home in 2021.

"Florida's beaches are a shared treasure, and I'm committed to ensuring everyone can enjoy the shoreline that means so much to our communities,” said Trumbull.

______________________________________________________________


The Florida Senate Judiciary Committee Tuesday heard a room full of testimony in support of D2 Senator Jay Trumbull’s SB1622, repealing the 2018 law that preempted Walton County’s customary use ordinance in 2018.

Destin Mayor Bobby Wagner told the committee while he recognized private property rights, he stood with the bill’s sponsor and Walton County residents because of the fallout to Destin and the Emerald Coast tourism businesses from negative stories on social media showing videos of quarrels between private security guards and vacationers on the beaches.

In the end, the bill passed the important Senate Judiciary committee 9-2 with Senator’s Gaetz and Passidomo casting the No votes.

The next stop for the Senate bill will be March 31 in the Senate Community Affairs Committee at 4pm EDT.

State Representative Alex Andrade, D2, is running a companion bill, HB 6043, in the House as a favor to his colleague Rep. Shane Abbott, the bill’s prime sponsor. D5 includes Calhoun, Holmes, Jackson, Walton, and Calhoun Counties.

HB 6043 was approved Thursday by the House Civil Justice and Claims Committee. The next stop will be April 1 in the Natural Resources and Disasters Subcommittee. Calhoun, Holmes, Jackson, Walton, and Washington

https://www.tallahassee.com/.../florida.../82677390007/
bob bob avatar
Beach Fanatic
#9
There has been a lot of public support for these bills, with many Walton county residents traveling to Tallahassee to voice their concerns. The focus is on restoring "customary use," which allows public access to dry sand areas of beaches with a history of public use.

Walton County residents are actively advocating for these bills, emphasizing the importance of beach access to their community and economy.

Based on the recent legislative activity, there are indications that HB 6043 and SB 1622 have a reasonable chance of moving forward.

Both bills are progressing through their respective chambers, with favorable votes in key committees. This indicates support among lawmakers.

The fact that these bills are moving forward, shows that there is a political will to address this issue. This public pressure can influence lawmakers' decisions.

The arguments about the negative economic impact of the 2018 law may also sway lawmakers, as economic considerations are often a priority. Even with the positive momentum, there is still opposition from some lawmakers, as shown by the dissenting votes in the senate committees.

The Florida legislature can be unpredictable, and bills can change or stall at any point in the process.

While there are no guarantees, the bills have demonstrated significant progress and have strong support. Therefore, there is a good chance that these bills will pass.
Beach Comber
#10
Thanks Karen Doyle!


Beach Comber
#11
but does anyone else find private beaches offensive?
Absolutely! Greed has made a beautiful place rotten to the core. It has to be reversed.
bob bob avatar
Beach Fanatic
#12
Saw this post today...

30A/South Walton- you need to get your sh*t together on this beach access issue.......​


Because you are literally about to hemorrhage money by blowing it.

I was super close to finally taking the plunge this month and buying a nice sfh in the heart of seaside for a little over 3 million.

At the last minute though(and even after we were drawing up the offer sheet), I just can't get over the uncertainty and potential clusterf*ck that is this beach issue.

Yes I know seaside and rosemary have their own beach access(so technically I and any rental guests would have access), but this misses the point. Which is that the overall health of 30a a vacation destination is important for rosemary and seaside.

In the last year or two the numbers I'm hearing are that rentals along 30a are down about 18-20% total. Not massive, but not trivial either. But we're only a few years into this- the fact that things are down 18-20% at this point means they could be down a LOT more 3 years from now.

I remember the last time I was there(I stayed oceanfront so it didn't affect me) I biked to the Waline(sp?) beach access point just to assess the situation, and it was the saddest damn thing I've ever seen. There wasn't one person there who didn't appear miserable.....crammed in like sardines when they are spending 700/nt to rent a home 2-3 houses back from the sand? Does anyone really think most of those people I saw down there are going to happily pay a bunch of money to come back and experience that? Of course not, so it's the future years where we are going to see the bigger declines.

This beach clusterf*ck is not going to be good for 30a as a whole. And that in turn has the potential to really hammer investment properties since a lot of the value is tied to rental expectatins. Even in the communitiees where the whole community has guaranteed access.

The crazy thing is this is possibly even true with respect to the direct oceanfront properties outside of communities like RB and Seaside. The simplistic way to look at it would be that a 'private' beach would drive those home values up, but that's only true in a reality where interest in the area as a whole is maintained. If the private beach disaster is harming the quality of the area as a whole, the negative effects of that could easily overwhelm any positive effects from the allure of the 'private' beach component.

There is another less obvious factor that scares buyers like me away, and it's also related to the uncertainty. Let's say that 3-4 years from now the rules effectively change and the beaches become public again. Well, then part of the premium I just paid to be in seaside or rosemary is washed away because I could also have great beach access by buying a similar house 3 houses back in seagrove or whatever. I realize that doesn't represent all of the difference, but generally speaking a small cottage 3 or so houses back in seaside that goes for 3.5 would go for 2.5 a mile down the road 3 houses back and outside the guaranteed access communities(seaside, wc, etc). The uncertainty is scary there....why buy now if a large component of that 1 million dollar difference immediately vaporizes with the stroke of a pen.

To sum it up, I know this is a long rant. But I'm sure I'm not the only one in this predicament who just bailed on a house due to the uncertainty and the general sh*tshow this is. Literally billions of dollars is about to be pissed away if they can't get it together. Obviously something that makes the beaches public again would be best, but even if we had more certainty that the status quo will go on for decades(while bad) would be an improvement over the current disaster.

Im not going to spend 3-4 million cash on a house in a county that can't get their sh*t together. And people with a heck of a lot more money than me who would be looking to buy much much more expensive properties probably feel the same way. Or they will be feeling that way soon....
Jane avatar
Beach Fanatic
#13
SB 1622 is headed to rules committee on April 21!
Kurt avatar
Admin
#142
Photo yesterday: Ed Walline Access is one of SoWal's most popular beach accesses. Unfortunately it is relatively narrow with private beach on either side.

250419-santa-rosa-009-sowal-2000.jpg



From this post you see 74 parking spaces being added. And a lot more rental homes, condos and townhomes are being built close by, and up 393 all the way to the bay.

ew.jpg
tacosman avatar
Beach Comber
#15
Saw this post today...

30A/South Walton- you need to get your sh*t together on this beach access issue.......​


Because you are literally about to hemorrhage money by blowing it.

I was super close to finally taking the plunge this month and buying a nice sfh in the heart of seaside for a little over 3 million.

At the last minute though(and even after we were drawing up the offer sheet), I just can't get over the uncertainty and potential clusterf*ck that is this beach issue.

Yes I know seaside and rosemary have their own beach access(so technically I and any rental guests would have access), but this misses the point. Which is that the overall health of 30a a vacation destination is important for rosemary and seaside.

In the last year or two the numbers I'm hearing are that rentals along 30a are down about 18-20% total. Not massive, but not trivial either. But we're only a few years into this- the fact that things are down 18-20% at this point means they could be down a LOT more 3 years from now.

I remember the last time I was there(I stayed oceanfront so it didn't affect me) I biked to the Waline(sp?) beach access point just to assess the situation, and it was the saddest damn thing I've ever seen. There wasn't one person there who didn't appear miserable.....crammed in like sardines when they are spending 700/nt to rent a home 2-3 houses back from the sand? Does anyone really think most of those people I saw down there are going to happily pay a bunch of money to come back and experience that? Of course not, so it's the future years where we are going to see the bigger declines.

This beach clusterf*ck is not going to be good for 30a as a whole. And that in turn has the potential to really hammer investment properties since a lot of the value is tied to rental expectatins. Even in the communitiees where the whole community has guaranteed access.

The crazy thing is this is possibly even true with respect to the direct oceanfront properties outside of communities like RB and Seaside. The simplistic way to look at it would be that a 'private' beach would drive those home values up, but that's only true in a reality where interest in the area as a whole is maintained. If the private beach disaster is harming the quality of the area as a whole, the negative effects of that could easily overwhelm any positive effects from the allure of the 'private' beach component.

There is another less obvious factor that scares buyers like me away, and it's also related to the uncertainty. Let's say that 3-4 years from now the rules effectively change and the beaches become public again. Well, then part of the premium I just paid to be in seaside or rosemary is washed away because I could also have great beach access by buying a similar house 3 houses back in seagrove or whatever. I realize that doesn't represent all of the difference, but generally speaking a small cottage 3 or so houses back in seaside that goes for 3.5 would go for 2.5 a mile down the road 3 houses back and outside the guaranteed access communities(seaside, wc, etc). The uncertainty is scary there....why buy now if a large component of that 1 million dollar difference immediately vaporizes with the stroke of a pen.

To sum it up, I know this is a long rant. But I'm sure I'm not the only one in this predicament who just bailed on a house due to the uncertainty and the general sh*tshow this is. Literally billions of dollars is about to be pissed away if they can't get it together. Obviously something that makes the beaches public again would be best, but even if we had more certainty that the status quo will go on for decades(while bad) would be an improvement over the current disaster.

Im not going to spend 3-4 million cash on a house in a county that can't get their sh*t together. And people with a heck of a lot more money than me who would be looking to buy much much more expensive properties probably feel the same way. Or they will be feeling that way soon....

Hey, this was me haha.

So I won't pretend to understand the legality of it all and the quiet claim deeds(or whatever they are called?), but I do think it's an issue that is a lot more murky and less binary than some describe it.

Many people attempt to frame it as a haves with power(beachfront owners who want their private beachees) vs a havenots without power(everyone who wants public use), but I don't think it's nearly that simple.

After all this seems to be a case where the institutional money(or the 'real' money) would favor public beaches. After all, these big developers have, on average, far more money than 90% of the individual gulffront owners(some of whom have a good chunk of their net worth now tied up in their gulffront home). It seems obvious that the big developers would favor public beach access for example. And many more examples(banks/mortgage companies, other institutional and commercial interests, etc).....

Second, I'm curious at the motivation of the beachfront owners who support private beaches. There has to be some play here.....because I can't imagine most of them want the area to suffer, and massive numbers of tourists to go elsewhere. The reason their beachfront home costs 2.5x as much in 30a as it does in say...pensacola beach, is because 30a is seen as a better/more desirable/more attractive area. And as a result of that the rental income potential is much higher, and then as a result of that the real estate is much higher. Surely they can see that if this private beach thing goes on the area as a whole is going to suffer and then rental incomes(even if they in particular don't rent their house) will suffer and then this will in turn drag down values of all property in 30a. Beachfront or not. IOW, peoples beachfront property isn't worth a ton of money in a vacuum. This being such a desirable area that attracts tons of tourists willing to pay a lot of money is part of what makes their beachfront property worth > 10 million.

I've seen reports of some beachfront owners say things like "tourism will be fine" and that some are overhyping the tourism problem which could be looming. I don't think that' s accurate at all.

so with all this in mind, I wonder if the goal of some beachfront owners is to get the county to give them a break on property taxes for some agreement on access. Personally I don't see the county doing that because that's just too big a pill for them to swallow when they see what the quiet titles cost in the first place. A hundred dollars in exchange for 65k dollars yearly isn't something they can swallow, even if they could afford to(and who knows if they can). They might though, I dunno.

I got the idea that that may be a driving factor for all of this because a local real estate agent told me an example of an older about to retire beachfront owner. Over the year's he seen his beachfront property rise to a very high value(9 million or thereabouts?), but the thing is he's not income wealthy. And since he doesn't want to rent out his place for various reasons, he has trouble actually converting that 9-10 million into $$ that he can pay the property tax and insurance bill with. So his options are:

1) sell the property(which he doesn't want to do)
2) short term rent the property(which he doesn't want to do)
3) take a mortgage equity loan out on the property. The problem with doing this is he would have trouble paying this off, and he wants to obviously pass the property on in his inheritance, but thats going to be problematic if there is even a small mortgage out on the property. The children would then have to sell it likely to satisfy that

so the real estate agent's presumption is that facing the above difficulties, he's hoping that he can get a huge break on the tax in exchange for allowing public access(which as I argue above is probably in the $ interest of the beachfront property owners in the first place)

So I dunno......my guess is that the beachfront owners themselves probably have a number of different motivating factors(and some are probably valid an not alltogether greeedy or bad)

Another issue I've wondered about- when they total all the beachfront owners up, they don't include all the seaside/watercolor/rosemary/etc beachfront owners in that mix do they? Because they shouldn't be, as those people(by the very nature of their community's agreement) DO NOT have any more beach access than someone in the very back of those communities. In fact, someone could rent the very farthest back house in Rosemary beach(right up against 98) and have more beachfront access right in front of that person's home than the beachfront homeowner does if they pay for chair service and the homeowner doesn't. I don't know if the rosemary/alys/seaside/watercolor beachfront owners are included in the total or not, but they shouldn't be.

Honestly, I'm just waiting to see how it all plays out. I just hope it plays out in a way that will allow 30a(and especially rosemary and seaside as those are the ones Im interested in) to thrive longterm. Until this issue works itself out and there is some solid resolution(and we see the effects of it either way), I'm going to sit out buying. I know that others(some of whom are looking at properties waaaaaaay more expensive than me) feel the same way.
tacosman avatar
Beach Comber
#16
Photo yesterday: Ed Walline Access is one of SoWal's most popular beach accesses. Unfortunately it is relatively narrow with private beach on either side.

View attachment 108789



From this post you see 74 parking spaces being added. And a lot more rental homes, condos and townhomes are being built close by, and up 393 all the way to the bay.

View attachment 108790


LOL......I wonder what percentage of those families in the crowded beach pic won't be back next year? Most of them is my guess.......

seeing as how most of them were probably paying 3-8k to rent a non-oceanfront house or condo for the week.....plus spending bunches of money at various local businesses in addition to this, that will be a lot of money that leaves the area.

Everything is related. Everything.
Beach Fanatic
#17
LOL......I wonder what percentage of those families in the crowded beach pic won't be back next year? Most of them is my guess.......

seeing as how most of them were probably paying 3-8k to rent a non-oceanfront house or condo for the week.....plus spending bunches of money at various local businesses in addition to this, that will be a lot of money that leaves the area.

Everything is related. Everything.
It's not for me but I know some folks like vacationing where there are lots of people.

Perhaps the county should put out giant floating islands every morning and anchor them 50 feet from the shoreline in front of private beaches on either side of public beach accesses.
bob bob avatar
Beach Fanatic
#18
Thanks for posting!

I recall hearing that the beach restoration (dredging) spurred a lot of beachfront owners lawyers to say "whoah nelly". You have deeded beach and you need to keep it. Beach restoration gives it to the public.

Edited

Dawn avatar
Beach Fanatic
#19
Hey, this was me haha.

So I won't pretend to understand the legality of it all and the quiet claim deeds(or whatever they are called?), but I do think it's an issue that is a lot more murky and less binary than some describe it.

Many people attempt to frame it as a haves with power(beachfront owners who want their private beachees) vs a havenots without power(everyone who wants public use), but I don't think it's nearly that simple.

After all this seems to be a case where the institutional money(or the 'real' money) would favor public beaches. After all, these big developers have, on average, far more money than 90% of the individual gulffront owners(some of whom have a good chunk of their net worth now tied up in their gulffront home). It seems obvious that the big developers would favor public beach access for example. And many more examples(banks/mortgage companies, other institutional and commercial interests, etc).....

Second, I'm curious at the motivation of the beachfront owners who support private beaches. There has to be some play here.....because I can't imagine most of them want the area to suffer, and massive numbers of tourists to go elsewhere. The reason their beachfront home costs 2.5x as much in 30a as it does in say...pensacola beach, is because 30a is seen as a better/more desirable/more attractive area. And as a result of that the rental income potential is much higher, and then as a result of that the real estate is much higher. Surely they can see that if this private beach thing goes on the area as a whole is going to suffer and then rental incomes(even if they in particular don't rent their house) will suffer and then this will in turn drag down values of all property in 30a. Beachfront or not. IOW, peoples beachfront property isn't worth a ton of money in a vacuum. This being such a desirable area that attracts tons of tourists willing to pay a lot of money is part of what makes their beachfront property worth > 10 million.

I've seen reports of some beachfront owners say things like "tourism will be fine" and that some are overhyping the tourism problem which could be looming. I don't think that' s accurate at all.

so with all this in mind, I wonder if the goal of some beachfront owners is to get the county to give them a break on property taxes for some agreement on access. Personally I don't see the county doing that because that's just too big a pill for them to swallow when they see what the quiet titles cost in the first place. A hundred dollars in exchange for 65k dollars yearly isn't something they can swallow, even if they could afford to(and who knows if they can). They might though, I dunno.

I got the idea that that may be a driving factor for all of this because a local real estate agent told me an example of an older about to retire beachfront owner. Over the year's he seen his beachfront property rise to a very high value(9 million or thereabouts?), but the thing is he's not income wealthy. And since he doesn't want to rent out his place for various reasons, he has trouble actually converting that 9-10 million into $$ that he can pay the property tax and insurance bill with. So his options are:

1) sell the property(which he doesn't want to do)
2) short term rent the property(which he doesn't want to do)
3) take a mortgage equity loan out on the property. The problem with doing this is he would have trouble paying this off, and he wants to obviously pass the property on in his inheritance, but thats going to be problematic if there is even a small mortgage out on the property. The children would then have to sell it likely to satisfy that

so the real estate agent's presumption is that facing the above difficulties, he's hoping that he can get a huge break on the tax in exchange for allowing public access(which as I argue above is probably in the $ interest of the beachfront property owners in the first place)

So I dunno......my guess is that the beachfront owners themselves probably have a number of different motivating factors(and some are probably valid an not alltogether greeedy or bad)

Another issue I've wondered about- when they total all the beachfront owners up, they don't include all the seaside/watercolor/rosemary/etc beachfront owners in that mix do they? Because they shouldn't be, as those people(by the very nature of their community's agreement) DO NOT have any more beach access than someone in the very back of those communities. In fact, someone could rent the very farthest back house in Rosemary beach(right up against 98) and have more beachfront access right in front of that person's home than the beachfront homeowner does if they pay for chair service and the homeowner doesn't. I don't know if the rosemary/alys/seaside/watercolor beachfront owners are included in the total or not, but they shouldn't be.

Honestly, I'm just waiting to see how it all plays out. I just hope it plays out in a way that will allow 30a(and especially rosemary and seaside as those are the ones Im interested in) to thrive longterm. Until this issue works itself out and there is some solid resolution(and we see the effects of it either way), I'm going to sit out buying. I know that others(some of whom are looking at properties waaaaaaay more expensive than me) feel the same way.
We're on a huge growth curve and it's happened over and over in Florida beach communities. All the people who have vacationed here over the last 50 years as kids are now moving here. It's a weird dynamic when the only source of income is tourism. It's almost comical the types of some of the businesses people move here and start to try and earn - some are really dumb and fail - any day now I expect to see "30A Pet Glamping, Bonfires & Concierge" wrapped on a $100,000 pickup.
tacosman avatar
Beach Comber
#20
Thanks for posting!

I recall hearing that the beach restoration (dredging) spurred a lot of beachfront owners lawyers to say "whoah nelly". You have deeded beach and you need to keep it. Beach restoration gives it to the public.

what I don't understand is the timeline for it all. Like if you are a 'true' beachfront owner(meaning not one who owns beachfront in a seaside/RB like community), wasn't it a situation where you had to go and apply to get a deed for the beach behind your house for like 100 bucks a year?

If so, thats why I suspect the county would be hesitant to write off the taxes in exchange for use. Because a 100 bucks to 65,000 bucks switch isn't the sort of deal I suspect the county would feel good about.

I've always been confused by the whole 'quiet title' or whatever process in a lot of ways.
Beach Fanatic
#21
I don't know about the $100 deal but perhaps Gulf front owner taxes should triple.
tacosman avatar
Beach Comber
#22
I don't know about the $100 deal but perhaps Gulf front owner taxes should triple.
but what would be the rationale for that? I think they should pay their fair share, and that comes out to about 30x or so the amount paid by the average homeowner in florida. Thats a lot. If we tripled taxes on gulffront homes, that would effectively decrease the values of such homes. And I don't think anyone wants that (just like condos stuck with huge monthly fees sell for less than those without).....
tacosman avatar
Beach Comber
#23
It's not for me but I know some folks like vacationing where there are lots of people.

Perhaps the county should put out giant floating islands every morning and anchor them 50 feet from the shoreline in front of private beaches on either side of public beach accesses.
Agreed.....I actually think this is what many like about seaside peak season. They want to be 'where all the action is'.

But this is different imo. Being crammed in like sardines in a tiny sliver of public(or private if your in a busy condo with their own tiny sliver of private beach, and people in the condo can't spread out past the cones because on either side if more private beach) beach when you have empty beach for hundreds upon hundreds of yards on either side isn't a "good, this is fun and exciting to be around lots of people" feeling. Rather it just stirs feelings of annoyance and bitterness because of the situation. It's a different thing than wanting to be amidst the crowds of seaside along the food trucks and people watching for example....
Dawn avatar
Beach Fanatic
#24
Agreed.....I actually think this is what many like about seaside peak season. They want to be 'where all the action is'.

But this is different imo. Being crammed in like sardines in a tiny sliver of public(or private if your in a busy condo with their own tiny sliver of private beach, and people in the condo can't spread out past the cones because on either side if more private beach) beach when you have empty beach for hundreds upon hundreds of yards on either side isn't a "good, this is fun and exciting to be around lots of people" feeling. Rather it just stirs feelings of annoyance and bitterness because of the situation. It's a different thing than wanting to be amidst the crowds of seaside along the food trucks and people watching for example....
OH indeed you are completely correct it is a total freaking mess!
Beach Fanatic
#25
but what would be the rationale for that? I think they should pay their fair share, and that comes out to about 30x or so the amount paid by the average homeowner in florida. Thats a lot. If we tripled taxes on gulffront homes, that would effectively decrease the values of such homes. And I don't think anyone wants that (just like condos stuck with huge monthly fees sell for less than those without).....
Actually there are a lot of people that would want that for retribution against the greedy.

Look, people flock to Florida so they're part of the problem but lots of fingers to point and private beach front owners are an easy target.
Beach Fanatic
#26
Some good stuff here:

Florida lawmakers are stepping again into the troubled sands of a Panhandle county where beach access has been restricted for years by residents claiming their waterfront is private and off-limits to the public.

For lawmakers, it’s “War at the Shore, Part II.”

Walton County and its sugary sand beaches are the subject of a bid by state lawmakers to repeal a law passed in 2018 that is fueling heated surfside disputes over who can walk, unfurl a blanket, or plant an umbrella — and where.

Conservation groups say that while confined to Walton — home to Seaside, Rosemary Beach, Blue Mountain Beach and other tourist draws — the conflict echoes across Florida and an economy powered by sun and sand.

...............

“A visitor who comes to the state of Florida and experiences issues, they don’t think this is just Walton County, they think this is Florida,” said Pepper Uchino, president of the Florida Shore & Beach Preservation Association.

“That’s why we’re here, as a statewide association, urging we go back to where we were pre-2018 and support the customary use of beaches to ensure that Florida’s main economic driver of tourism and beaches in particular remain open and available to the public,” Uchino recently told the Florida Senate Judiciary Committee.

................

The committee voted 9-2 to approve the repeal (SB 1622), a move supported by more than a dozen area residents seeking to restore customary use, or beach access, across all Walton County beaches. Customary use is legally defined as the traditional use of dry beach sand for public recreation, even on private property.

That’s what was crimped seven years ago with the state law that overturned a 2016 ordinance by the Walton County Commission. The county had declared the public had recreational use rights to the county’s 26 miles of dry sand beach along what was known as the Gulf of Mexico, now referred to as the Gulf of America by the U.S. government.

Many beachside owners fought the county’s move.
Powerful beach owners got attention

And state lawmakers were lobbied to negate the ordinance by former Arkansas Gov. Mike Huckabee, now President Trump’s nominee for U.S. ambassador to Israel, who owned a beach house in Walton County at the time. Huckabee sold his Blue Mountain Beach home in 2021.

The law nullified Walton County’s customary use ordinance while allowing older ordinances in other counties to remain intact.

Under current state law, any sand below the high tide water mark is publicly accessible. Dry sand above that line, though, sometimes can be privately owned, sparking clashes in coastal communities where private property borders public beaches.

The 2018 law blocked any city or county from approving a customary use ordinance until it notifies affected homeowners, holds a public hearing and goes before a judge who determines whether a private beach has historically been open to visitors.

............

Walton County tried to get a court to order that the public had access to 1,194 private parcels of beachfront. But the five-year court fight ended last year with most of the private beaches remaining private.

Not surprisingly, with the repeal bill advancing, not everyone wants to see every strip of sand in Walton County made open to the public.

“The owner who can’t say ‘no trespassing’ doesn’t own his home anymore,” said John Howard, a Santa Rosa Beach resident. “It isn’t American. It is theft.”

But most of those testifying at the bill’s first committee stop, said it’s needed to restore peace on the beach. It’s also needed, they said, to bring back visitors angered and reluctant to return to the region after facing problems with beach access.

Homeowners are in trouble along the scenic beach highway known as County Road 30A, many said.
Rentals are down, because of beach battles, critics say

“I sell a lot of 30A property,” said Rachel Warrell, a real estate agent from Lynn Haven. “Most owners, especially those with vacation rentals, don’t have beach access and when access is restricted, rental demands drop, bookings decline, property values suffer, leading to fewer jobs and lost tax revenue.”

Former state Rep. Joel Rudman of Navarre, who left office in January to run unsuccessfully for Congress, had introduced a repeal bill (HB 6043) in the House, now carried by Rep. Alex Andrade, R-Pensacola. Rudman said the region’s economy is hurt by the beach restrictions.

“Only 5% of vacation homes are gulf-front,” Rudman said. “So we are effectively blocking beach access to 95% of the vacation homes in the area … If you don’t have rent, you cannot meet your mortgage.

“We’re about to have an economic collapse and a housing collapse in Walton County, the likes of which you’ve never seen,” Rudman told senators.
'Something's got to give'

Sen. Jay Trumbull, R-Panama City, who is sponsoring the repeal effort, said “something’s got to give.”

“I’m not OK with the idea that Walton County’s economy is struggling,” he said. “Or that people who live near the beach can’t use it.”

..........

But whether lawmakers are ready to undo what was done in 2018 is an open question, as the two-month legislative session enters its second half.

Opposing the repeal were two former Senate presidents: Kathleen Passidomo, R-Naples, and Don Gaetz, R-Niceville. Passidomo sponsored the 2018 law and said she still supports the legal outline it includes for determining beach access.

Gaetz, who said he’s owned non-beachfront property in Walton County for 40 years, said he’s watched the tug-of-war play out there for years. He was convinced that if the repeal was approved by lawmakers and the county again tried to declare the beach fully public, the dispute still wouldn’t be resolved.

“If this bill passes, there will be other lawsuits,” Gaetz said. “We’ll be talking about all kinds of things. The issue won’t go away.”

He was confident that feuds between the rival sides will continue, whatever steps are taken: “Trust me, the Hatfields and McCoys will be back at it again next week.”

Checking your forum account

Please wait while we verify your forum account.