What does this mean?
Traditionally, beachgoers walked, suntanned, fished and used the beach in front of island homes that was considered public under the customary use doctrine. Now, the beach becomes private above the mean high-water line. Cities and counties would have to go to court instead of simply passing an ordinance to designate a privately-owned beach as public under the “recreational customary use� doctrine. Municipalities that decide to designate a private beach as public must adopt a notice at a public hearing stating their intention. Then a “Complaint for Declaration of Recreational Customary Use� needs to be filed with the circuit court in the county in which the beach is located within 60 days, providing notice to the property owner. The municipality has the burden of proving that a recreational customary use exists. For example, calling witnesses who have long used that beach, or producing historic photographs of public use.Lines in the sand
In some communities the beach seaward of the mean high water line, sometimes called “wet sand,â€� is public. The beach landward of the line or “dry sandâ€� is private and owned by the upland property owner. However, the erosion control lines replace the mean high water lines on renourished beaches and supercede state legislation to the contrary. “The statute is going to have a very limited application and impact given that most beaches are publicly held or subject to renourishment projects,â€� said Florida environmental attorney Patrick Krechowski. Where beach renourishment has taken place, the public has reasonable access to those beaches seaward of the erosion control line (ECL) according to Charlie Hunsicker, the Manatee County’s Director of Parks and Natural Resources. He is in charge of the local beach renourishment.Gulf and Bay Beaches
ECL – Anna Maria Island
