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Bill On Beach Turf War Advances

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By MIKE SALINERO

msalinero@tampatrib.com

Published: March 25, 2009

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

The Florida Constitution states that the public owns all shorelines seaward of high water marks, but state Rep. Maria Sachs, a Delray Beach Democrat, said private landowners increasingly are 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 on Tuesday.

The bill would make it a misdemeanor for a private landowner to block access to the beach or display a sign stating the beach is off-limits to the public. The legislation also would 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 at 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 buy waterfront property think that 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, has three more committee stops before it can go to the House floor.

Reporter Mike Salinero can be reached at (813) 259-8303.

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