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Bill Guarantees Access To Florida Beaches

Associated Press

The bill would make it a misdemeanor crime for a private landowner to block access to the beach or to display a sign that says the beach is off-limits to the public.

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By MIKE SALINERO | The Tampa Tribune

Published: March 24, 2009

TALLAHASSEE - Legislation that would guarantee public access to any Florida beach moved forward in the state House Tuesday.

The Florida constitution says the public owns all state shorelines seaward of the high water mark. But state Rep. Maria Sachs, a Delray Beach Democrat, said private landowners are increasingly trying to deny public access to beaches.

"Now, with more and more coastal development, we need the state of Florida to step up and say that Florida beaches belong to all Floridians," Sachs told the House Agriculture & Natural Resources Policy Committee this morning.

The bill would make it a misdemeanor crime for a private landowner to block access to the beach or to display a sign that says the beach is off-limits to the public. The legislation would also put the burden of proof on a private landowner who sues someone for trespassing when they walk on or swim at a beach.

The bill passed overwhelmingly today in the Agriculture and Natural Resources Committee. Rep. Jimmy Patronis, a Republican from Panama City, was one of two committee members to vote no. Patronis said he had concerns the bill might infringe on private property owners' right to put up a fence between their land and the high water mark or a sign delineating their property.

"If a private entity wanted to block access to its private enterprise … they can certainly display a sign," Sachs told Patronis. "He can't put barricades out saying no one can traverse the beach."

Donna Christie, a law professor at Florida State University, testified in favor of the bill. Christie said people who pay high prices for waterfront property think that expenditure entitles them to make the beach private.

"They seem to think they're buying not only the private rights but the public rights too," Christie said.

Sachs Bill, HB 527, still has three more committee stops before it can come to the House floor.

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