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The Committee on Environmental Preservation and Conservation

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(Justice) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Part V of chapter 161, Florida Statutes,

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consisting of sections 161.80, 161.81, 161.82, and 161.83, is

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created to read:

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PART V

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PUBLIC BEACH ACCESS

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     161.80 Definitions.--As used in this part, the term:

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     (1) "Beach access" means the public's right to laterally

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traverse and make recreational use of the sandy beaches of this

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state where such access exists on or after July 1, 1987, or the

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public has established an accessway through private lands to

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lands seaward of the mean high tide or water line by

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prescription, prescriptive easement, or any other legal means,

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and the public's right of ingress and egress to public beaches

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and the waters of the Gulf of Mexico, the Atlantic Ocean, or the

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Straits of Florida.

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     (2) "Public beach" means any sovereign beach, any

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recreational beach owned or operated by the state or a local

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government, or any sandy beach area where the public has

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established or acquired a right of use by prescription,

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dedication, custom, or any other legal means.

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     (3) "Sovereign beach" means that portion of a sandy beach

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lying seaward of the line of mean high water or a recorded

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erosion control line.

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     161.81 Declaration of policy and effect.--

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     (1) It is the policy of this state that the public,

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individually and collectively, shall have the free and

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unrestricted right to enter and use public beaches.

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     (2) This part does not affect in any way the title held to

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land in this state which is adjacent to any beach on the Gulf of

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Mexico, the Atlantic Ocean, or the Straits of Florida, and does

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not reduce or limit in any way the rights of the public in public

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beaches which have been defined in law or custom.

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     (3) Any sandy beach below the mean high water line or a

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recorded erosion control line is declared public and a private

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entity, absent a board of trustees deed or authorization, may not

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restrict access along the shoreline across such beaches.

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     161.82 Use of public beaches.--

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     (1)(a) A person may not:

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     1. Obstruct or cause obstruction of beach access by

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fencing, barricading, or causing any other obstruction, unless

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such obstruction is otherwise authorized by law.

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     2. Display or cause to be displayed on any public beach any

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sign, marker, or warning or communicate in any other manner that

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a public beach is private property.

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     (b) A person who violates this subsection commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (2) A governmental entity may not place or cause to be

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placed any fencing, barricade, or any other obstruction upon a

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public beach, unless such obstruction is a response to public

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safety or an emergency or is otherwise authorized by law. This

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subsection does not prevent any agency, department, institution,

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subdivision, or instrumentality of the state or of the Federal

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Government from erecting or maintaining any groin, seawall,

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barrier, pass, channel, jetty, or other structure as an aid to

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navigation, as protection of the shore, or for fishing, safety,

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or other lawful purpose.

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     161.83 Recording permission to access beaches; limitation

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of liability.--

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     (1) As used in this section, the term "recreational use"

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includes, but is not limited to, walking; hiking; fishing;

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swimming; surfing; sunbathing; nature study; any other

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traditional beach activities; visiting historical,

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archaeological, scenic, or scientific sites; accessing a public

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beach; and providing noncommercial parking areas in proximity to

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beach access points.

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     (2) The holder of record title to land within 1,500 feet of

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the Gulf of Mexico, the Atlantic Ocean, or the Straits of Florida

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may record in any county in which any part of the land is

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situated a description of the land and a notice reading

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substantially as follows: "The right of the public or any person

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to make recreational use of the above described land or any

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portion thereof, other than any use expressly allowed by a

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written or recorded map, agreement, deed, or dedication, is by

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permission of owner pursuant to section 161.83, Florida

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Statutes." The holder of record title may revoke any such

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recorded notice by recording a notice of revocation in each

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county wherein the notice is recorded. The recording of a notice

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under this subsection does not affect any right of the public

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which was vested at the time of recording through prescription,

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dedication, custom, or other legal means.

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     (3) During any period when notice concerning a parcel of

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land is recorded and not revoked:

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     (a) If the dedication of all or a portion of the parcel to

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public use or the public's prescriptive or customary right in all

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or a portion of the parcel is at issue in a legal proceeding, the

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recorded notice is conclusive evidence that the use of the parcel

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by the public or by any user for any purpose, other than a use

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expressly allowed by a written or recorded map, agreement, deed,

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or dedication, is permissive and with the consent of the holder

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of record title to the parcel.

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     (b) The holder of record title to the parcel may not

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prevent a public use of the parcel which is appropriate to the

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notice by physical obstruction, notice, or otherwise.

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     (c) The holder of record title to the parcel does not owe a

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duty of care to keep the parcel safe for entry or use by the

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public or to give warning to persons entering or going of any

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hazardous conditions, structures, or activities thereon, and such

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titleholder does not, by providing public recreational use of the

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parcel:

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     1. Extend any assurance that the parcel is safe for any

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purpose;

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     2. Incur any duty of care to any person who goes on the

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parcel; or

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     3. Become liable or responsible for any injury to persons

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or property caused by the act or omission of a person who goes on

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the parcel.

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     Section 2.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to public access to beaches; creating part

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V of ch. 161, F.S.; providing definitions; declaring the

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policy and effect; declaring sandy beaches in this state

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public; prohibiting private entities from restricting

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access; prohibiting obstruction of beach access under

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certain conditions; prohibiting the use of signs declaring

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that a public beach is private property; providing that a

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violation of such prohibition is a first-degree

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misdemeanor; providing a penalty; prohibiting a

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governmental entity from placing an obstruction upon a

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public beach under certain conditions; defining the term

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"recreational use"; authorizing owners of land within a

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specified distance of certain coastal waters to record or

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revoke a notice concerning the granting of permission for

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the public's recreational use of the land; providing

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limitations on the duty or liability of an owner while

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such a notice is recorded; prohibiting an owner from

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preventing certain public uses of the land while such a

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notice is recorded; providing an effective date.

4/7/2008  2:44:00 PM     16-05996-08