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A bill to be entitled

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An act relating to public access to beaches; creating

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

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the policy and effect; prohibiting a local government

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from adopting an ordinance, resolution, or development

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order that has the effect of excluding certain

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individuals from a public beach; prohibiting obstruction

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of beach access under certain conditions; requiring that

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the display of certain signs meet criteria concerning

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beach access; providing that a violation of such

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prohibition is a first-degree misdemeanor; providing a

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penalty; prohibiting a governmental entity from placing

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an obstruction upon a public beach under certain

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conditions; defining the term "recreational use";

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authorizing owners of land within a specified distance of

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specified coastal waters to record or revoke a notice

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concerning the granting of permission for the public's

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recreational use of the land; providing limitations on

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the duty or liability of an owner while such a notice is

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recorded; prohibiting an owner from preventing certain

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public uses of the land while such a notice is recorded;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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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     161.82 Use of public beaches.--

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     (1) A local government may not adopt an ordinance,

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resolution, or development order that has the effect of excluding

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nonresidents or a particular class of user from a public beach.

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     (2)(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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     (3) 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 an

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emergency or is otherwise authorized by law. This subsection does

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not prevent any agency, department, institution, subdivision, or

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instrumentality of the state or of the Federal Government from

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erecting or maintaining any groin, seawall, barrier, pass,

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channel, jetty, or other structure as an aid to navigation, as

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protection of the shore, or for fishing, safety, or other lawful

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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, or other traditional

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beach activities; visiting historical, archaeological, scenic, or

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scientific sites; accessing a public beach; and providing

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noncommercial parking areas in proximity to 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 161.86, 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 owes no duty

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

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to give warning to persons entering or going of any hazardous

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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.