HB 1523

1
A bill to be entitled
2An act relating to public access to beaches; creating
3part V of ch. 161, F.S.; providing definitions; declaring
4the policy and effect; prohibiting a local government
5from adopting an ordinance, resolution, or development
6order that has the effect of excluding certain
7individuals from a public beach; prohibiting obstruction
8of beach access under certain conditions; requiring that
9the display of certain signs meet criteria concerning
10beach access; providing that a violation of such
11prohibition is a first-degree misdemeanor; providing a
12penalty; prohibiting a governmental entity from placing
13an obstruction upon a public beach under certain
14conditions; defining the term "recreational use";
15authorizing owners of land within a specified distance of
16specified coastal waters to record or revoke a notice
17concerning the granting of permission for the public's
18recreational use of the land; providing limitations on
19the duty or liability of an owner while such a notice is
20recorded; prohibiting an owner from preventing certain
21public uses of the land while such a notice is recorded;
22providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Part V of chapter 161, Florida Statutes,
27consisting of sections 161.80, 161.81, 161.82, and 161.83, is
28created to read:
29
PART V
30
PUBLIC BEACH ACCESS
31     161.80  Definitions.--As used in this part, the term:
32     (1)  "Beach access" means the public's right to laterally
33traverse and make recreational use of the sandy beaches of this
34state where such access exists on or after July 1, 1987, or the
35public has established an accessway through private lands to
36lands seaward of the mean high tide or water line by
37prescription, prescriptive easement, or any other legal means,
38and the public's right of ingress and egress to public beaches
39and the waters of the Gulf of Mexico, the Atlantic Ocean, or the
40Straits of Florida.
41     (2)  "Public beach" means any sovereign beach, any
42recreational beach owned or operated by the state or a local
43government, or any sandy beach area where the public has
44established or acquired a right of use by prescription,
45dedication, custom, or any other legal means.
46     (3)  "Sovereign beach" means that portion of a sandy beach
47lying seaward of the line of mean high water or a recorded
48erosion control line.
49     161.81  Declaration of policy and effect.--
50     (1)  It is the policy of this state that the public,
51individually and collectively, shall have the free and
52unrestricted right to enter and use public beaches.
53     (2)  This part does not affect in any way the title held to
54land in this state which is adjacent to any beach on the Gulf of
55Mexico, the Atlantic Ocean, or the Straits of Florida, and does
56not reduce or limit in any way the rights of the public in
57public beaches which have been defined in law or custom.
58     161.82  Use of public beaches.--
59     (1)  A local government may not adopt an ordinance,
60resolution, or development order that has the effect of
61excluding nonresidents or a particular class of user from a
62public beach.
63     (2)(a)  A person may not:
64     1.  Obstruct or cause obstruction of beach access by
65fencing, barricading, or causing any other obstruction, unless
66such obstruction is otherwise authorized by law.
67     2.  Display or cause to be displayed on any public beach
68any sign, marker, or warning or communicate in any other manner
69that a public beach is private property.
70     (b)  A person who violates this subsection commits a
71misdemeanor of the first degree, punishable as provided in s.
72775.082 or s. 775.083.
73     (3)  A governmental entity may not place or cause to be
74placed any fencing, barricade, or any other obstruction upon a
75public beach, unless such obstruction is a response to an
76emergency or is otherwise authorized by law. This subsection
77does not prevent any agency, department, institution,
78subdivision, or instrumentality of the state or of the Federal
79Government from erecting or maintaining any groin, seawall,
80barrier, pass, channel, jetty, or other structure as an aid to
81navigation, as protection of the shore, or for fishing, safety,
82or other lawful purpose.
83     161.83  Recording permission to access beaches; limitation
84of liability.--
85     (1)  As used in this section, the term "recreational use"
86includes, but is not limited to, walking, hiking, fishing,
87swimming, surfing, sunbathing, nature study, or other
88traditional beach activities; visiting historical,
89archaeological, scenic, or scientific sites; accessing a public
90beach; and providing noncommercial parking areas in proximity to
91beach access points.
92     (2)  The holder of record title to land within 1,500 feet
93of the Gulf of Mexico, the Atlantic Ocean, or the Straits of
94Florida may record in any county in which any part of the land
95is situated a description of the land and a notice reading
96substantially as follows: "The right of the public or any person
97to make recreational use of the above described land or any
98portion thereof, other than any use expressly allowed by a
99written or recorded map, agreement, deed, or dedication, is by
100permission of owner pursuant to section 161.86, Florida
101Statutes." The holder of record title may revoke any such
102recorded notice by recording a notice of revocation in each
103county wherein the notice is recorded. The recording of a notice
104under this subsection does not affect any right of the public
105which was vested at the time of recording through prescription,
106dedication, custom, or other legal means.
107     (3)  During any period when notice concerning a parcel of
108land is recorded and not revoked:
109     (a)  If the dedication of all or a portion of the parcel to
110public use or the public's prescriptive or customary right in
111all or a portion of the parcel is at issue in a legal
112proceeding, the recorded notice is conclusive evidence that the
113use of the parcel by the public or by any user for any purpose,
114other than a use expressly allowed by a written or recorded map,
115agreement, deed, or dedication, is permissive and with the
116consent of the holder of record title to the parcel.
117     (b)  The holder of record title to the parcel may not
118prevent a public use of the parcel which is appropriate to the
119notice by physical obstruction, notice, or otherwise.
120     (c)  The holder of record title to the parcel owes no duty
121of care to keep the parcel safe for entry or use by the public
122or to give warning to persons entering or going of any hazardous
123conditions, structures, or activities thereon, and such
124titleholder does not, by providing public recreational use of
125the parcel:
126     1.  Extend any assurance that the parcel is safe for any
127purpose;
128     2.  Incur any duty of care to any person who goes on the
129parcel; or
130     3.  Become liable or responsible for any injury to persons
131or property caused by the act or omission of a person who goes
132on the parcel.
133     Section 2.  This act shall take effect July 1, 2008.


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