| 1 | A bill to be entitled |
| 2 | An act relating to beach access and use; providing |
| 3 | legislative findings and intent; requiring the Attorney |
| 4 | General to take all steps necessary to protect and defend |
| 5 | the public right of beach access and use; prohibiting |
| 6 | persons from creating an obstruction that denies public |
| 7 | access to or use of the beach; prohibiting persons from |
| 8 | erecting a sign, barrier, or other structure intending to |
| 9 | restrict public access to or use of the beach; providing |
| 10 | an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Legislative findings and intent; public policy; |
| 15 | protection of beach access.--The Legislature finds that since |
| 16 | time immemorial the public has enjoyed a right to access, make |
| 17 | recreational use of, and use for customary purposes the beach, |
| 18 | and that such use has been ancient, reasonable, without |
| 19 | interruption, and free from dispute. Further, it is the intent |
| 20 | of the Legislature to mandate that the government define, |
| 21 | protect, and enforce the public's customary rights of beach |
| 22 | access and use. It is not the intent of this act to affect the |
| 23 | title of the owner of land adjacent to the Atlantic Ocean or |
| 24 | Gulf of Mexico, to impair the right of any such owner to contest |
| 25 | the existence of the customary right of the public to access and |
| 26 | use any particular area of privately owned beach, or to reduce |
| 27 | or limit any rights, other than customary rights, of public |
| 28 | access or use that may exist or arise. It is therefore the |
| 29 | state's public policy that the public, subject to the provisions |
| 30 | of this act, shall have the right to make recreational and other |
| 31 | customary uses of the beach. The Office of the Attorney General |
| 32 | shall be authorized to take all steps necessary to protect and |
| 33 | defend the public right of access and use declared by this |
| 34 | section. |
| 35 | Section 2. Prohibition of obstruction; right of personal |
| 36 | access.--Except as provided for in this act, it shall be |
| 37 | prohibited for any person to: |
| 38 | (1) Create, erect, or construct any structure, barrier, or |
| 39 | restraint, either vegetative or manmade, that will interfere |
| 40 | with or obstruct the right of the public to enter or leave the |
| 41 | beach by way of any approach or to lawfully use any part of the |
| 42 | beach for recreation or other customary purposes. |
| 43 | (2) Erect any sign, barrier, or other structure with the |
| 44 | intent of falsely notifying the public that the public does not |
| 45 | have the right to access or use the beach adjacent to the |
| 46 | owner's land. |
| 47 | Section 3. This act shall take effect July 1, 2005. |