HB 527

1
A bill to be entitled
2An act relating to public access to beaches; creating part
3V of ch. 161, F.S.; providing definitions; providing
4policy and effect; declaring that the public policy of
5this state is to provide free access to public beaches;
6prohibiting persons from restricting access; prohibiting
7obstruction of beach access under certain conditions;
8prohibiting the use of signs declaring that a public beach
9is private property; providing that a violation of such
10prohibition is a first-degree misdemeanor; providing a
11penalty; prohibiting a governmental entity from placing an
12obstruction upon a public beach under certain conditions;
13prohibiting ordinances that limit public access; providing
14for the use of prima facie evidence in suits to exclude
15the public from accessing and using a sandy beach;
16requiring notice to the Board of Trustees of the Internal
17Improvement Trust Fund of the sale or closure of access to
18a public beach; providing for the purchase of such access
19by the board; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Part V of chapter 161, Florida Statutes,
24consisting of sections 161.80, 161.81, 161.82, 161.83, and
25161.84, is created to read:
26
PART V
27
PUBLIC BEACH ACCESS
28     161.80  Definitions.--As used in this part, the term:
29     (1)  "Beach access" means the public's right to laterally
30traverse and make recreational use of the sandy beaches of this
31state where such access exists on or after July 1, 1987, or the
32public has established an accessway through private lands to
33lands seaward of the mean high tide or water line by
34prescription, prescriptive easement, or any other legal means,
35and the public's right of ingress and egress to public beaches
36and the waters of the Gulf of Mexico, the Atlantic Ocean, or the
37Straits of Florida.
38     (2)  "Public beach" means any sovereign beach, any
39recreational beach owned or operated by the state or a local
40government, or any sandy beach area where the public has
41established or acquired a right of use by prescription,
42dedication, custom, or any other legal means.
43     (3)  "Recreational use" includes walking, hiking, fishing,
44swimming, surfing, sunbathing, nature study, any other
45traditional beach activities; visiting historical,
46archaeological, scenic, or scientific sites; accessing a public
47beach; and providing noncommercial parking areas in proximity to
48beach access points.
49     (4)  "Sovereign beach" means that portion of a sandy beach
50lying seaward of the line of mean high water or a recorded
51erosion control line.
52     161.81  Declaration of policy and effect.--
53     (1)  Under the Environmental Protection Act of 1971, a
54public beach is a natural resource, and it is the policy of this
55state that the public, individually and collectively, have free
56and unrestricted right to enter and use this resource.
57     (2)  This part does not affect in any way the title held to
58land in this state which is adjacent to any beach on the Gulf of
59Mexico, the Atlantic Ocean, or the Straits of Florida, and does
60not reduce or limit in any way the rights of the public in
61public beaches which have been defined in law or custom.
62     (3)  Any sandy beach below the mean high water line or a
63recorded erosion control line is declared public, and a private
64entity, absent a board of trustees deed or authorization, may
65not restrict access along the shoreline across such beaches.
66     161.82  Unlawful barriers to use of public beaches.--
67     (1)(a)  A person may not:
68     1.  Obstruct or cause obstruction of beach access by
69fencing, barricading, or causing any other obstruction, unless
70such obstruction is otherwise authorized by law.
71     2.  Display or cause to be displayed on any public beach
72any sign, marker, or warning or communicate in any other manner
73that a public beach is private property.
74     (b)  A person who violates this subsection commits a
75misdemeanor of the first degree, punishable as provided in s.
76775.082 or s. 775.083.
77     (2)  A governmental entity may not:
78     (a)  Place or cause to be placed any fencing, barricade, or
79any other obstruction upon a public beach, unless such
80obstruction is a response to public safety or an emergency or is
81otherwise authorized by law. This subsection does not prevent
82any agency, department, institution, subdivision, or
83instrumentality of the state or of the Federal Government from
84erecting or maintaining any groin, seawall, barrier, pass,
85channel, jetty, or other structure as an aid to navigation, as
86protection of the shore, or for fishing, safety, or other lawful
87purpose.
88     (b)  Adopt an ordinance, resolution, or development order
89that has the effect of limiting the public's access to a public
90beach, except as necessary to protect the public's health,
91safety, and welfare.
92     161.83  Prima facie evidence.--In a suit brought or
93defended under this part or whose determination is affected by
94this part, proof of record title to a sandy beach that is
95landward of a sovereign beach is not prima facie evidence that
96the titleholder has a right to exclude the public from accessing
97and using the sandy beach or any associated accessway. A showing
98that property lies within the area from mean low tide to the
99seasonal high-water line, as defined in s. 161.053(6)(a), is
100prima facie evidence that the title of the littoral owner does
101not include the right to prevent the public from using the
102property for access and use of a public beach or for ingress and
103egress to the waters of the Gulf of Mexico, the Atlantic Ocean,
104or the Straits of Florida.
105     161.84  Public purchase of beach access.--
106     (1)  By January 1, 2010, each county and municipality shall
107provide a list to the Board of Trustees of the Internal
108Improvement Trust Fund of each dead-end street within its
109jurisdiction which may be used for the purpose of accessing and
110using a public beach. The list must specify the location of each
111street and be provided at no charge to the board.
112     (2)  Notwithstanding any other provision of law, a county
113or municipality may not sell or convey any interest in
114beachfront land or abandon, close, relinquish, or vacate a
115street, road, or easement that provides an accessway to a public
116beach until the Board of Trustees of the Internal Improvement
117Trust Fund has an opportunity to receive or purchase such
118interest or accessway in accordance with the following:
119     (a)  If a county or municipality receives a petition
120requesting that it sell, convey, abandon, close, relinquish, or
121vacate any such interest or accessway or decides to take such
122action without receiving a request, the county or municipality
123shall, before consideration of any private offers, notify the
124board that the interest or accessway is available. The notice
125must be sent by certified mail, return receipt requested.
126     (b)  Within 45 days after receipt of the notice, the board
127shall determine by resolution whether it proposes to devote such
128interest or accessway to public use for the purpose of accessing
129and using the public beach. Such purpose is declared to be a
130public purpose.
131     1.  If the board proposes to devote the interest or
132accessway in perpetuity for such purpose, within 120 days after
133receipt of the notice, it shall adopt a resolution that
134specifies such intent and provides a tentative plan for the
135development of the interest or accessway and a tentative
136schedule that specifies a date that development will commence,
137which must be within 2 years after the date of the resolution,
138and a date that development will be completed, which must be
139within 4 years after the date of the resolution. If appropriate,
140the board's agreement to maintain the land in its current use
141and condition shall be considered a sufficient plan of
142development. The board shall send a certified copy of the
143resolution to the county or municipality by certified mail,
144return receipt requested, within 5 days after adoption but
145before the end of the 120-day period. The county or municipality
146that timely receives the certified copy of the resolution shall
147convey the land to the board upon such terms and conditions and
148at such price as the county or municipality determines.
149     2.  If the board decides not to devote such interest or
150accessway in perpetuity for such purposes, it shall adopt a
151resolution reflecting such determination and send a certified
152copy of the resolution to the county or municipality by
153certified mail, return receipt requested, within 5 days after
154adoption.
155     (c)  The failure of the board to adopt and send a
156resolution pursuant to this subsection constitutes the board's
157determination not to devote such interest or accessway in
158perpetuity to a public use for the purpose of accessing and
159using a public beach.
160     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.