| 1 | A bill to be entitled |
| 2 | An act relating to public access to beaches; creating part |
| 3 | V of ch. 161, F.S.; providing definitions; providing a |
| 4 | declaration of public policy and effect; prohibiting |
| 5 | persons from restricting access; prohibiting obstruction |
| 6 | of beach access except as otherwise authorized by law; |
| 7 | prohibiting the use of signs declaring that a public beach |
| 8 | is private property; providing that a violation of such |
| 9 | prohibition is a first-degree misdemeanor; providing a |
| 10 | penalty; prohibiting a governmental entity from placing an |
| 11 | obstruction upon or limiting public access to a public |
| 12 | beach except under certain conditions; providing for the |
| 13 | use of prima facie evidence in suits to exclude the public |
| 14 | from accessing and using a sandy beach; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Part V of chapter 161, Florida Statutes, |
| 20 | consisting of sections 161.80, 161.81, 161.82, and 161.83, is |
| 21 | created to read: |
| 22 | PART V |
| 23 | PUBLIC BEACH ACCESS |
| 24 | 161.80 Definitions.--As used in this part, the term: |
| 25 | (1) "Beach access" means the public's right to laterally |
| 26 | traverse and make recreational use of the sandy beaches of this |
| 27 | state where such access exists on or after July 1, 1987, or the |
| 28 | public has established an accessway through private lands to |
| 29 | lands seaward of the mean high tide or water line by |
| 30 | prescription, prescriptive easement, or any other legal means. |
| 31 | Development or construction shall not interfere with such right |
| 32 | of public access unless a comparable alternative accessway is |
| 33 | provided. |
| 34 | (2) "Public beach" means any sovereign beach, any |
| 35 | recreational beach owned or operated by the state or a local |
| 36 | government, or any sandy beach area where the public has |
| 37 | established or acquired a right of use by prescription, |
| 38 | dedication, custom, or any other legal means. |
| 39 | (3) "Sovereign beach" means that portion of a sandy beach |
| 40 | lying seaward of the line of mean high water or a recorded |
| 41 | erosion control line. |
| 42 | 161.81 Declaration of policy and effect.-- |
| 43 | (1) Under the Environmental Protection Act of 1971, a |
| 44 | public beach is a natural resource, and it is the policy of this |
| 45 | state that the public, individually and collectively, have the |
| 46 | right to enter and use this resource. |
| 47 | (2) Any sandy beach below the mean high water line or a |
| 48 | recorded erosion control line is declared public, and a private |
| 49 | entity, absent a board of trustees deed or authorization, may |
| 50 | not restrict access along the shoreline across such beaches. |
| 51 | (3) This part does not affect any beach management efforts |
| 52 | to fund and manage the shoreline under part I of this chapter. |
| 53 | 161.82 Unlawful barriers to use of public beaches.-- |
| 54 | (1)(a) A person may not: |
| 55 | 1. Obstruct or cause obstruction of beach access by |
| 56 | fencing, barricading, or causing any other obstruction, unless |
| 57 | such obstruction is otherwise authorized by law. |
| 58 | 2. Display or cause to be displayed on any public beach |
| 59 | any sign, marker, or warning or communicate in any other manner |
| 60 | that a public beach is private property. |
| 61 | (b) A person who violates this subsection commits a |
| 62 | misdemeanor of the first degree, punishable as provided in s. |
| 63 | 775.082 or s. 775.083. |
| 64 | (2) A governmental entity may not: |
| 65 | (a) Place or cause to be placed any fencing, barricade, or |
| 66 | any other obstruction upon a public beach, unless such |
| 67 | obstruction is: |
| 68 | 1. Necessary for the public health, safety, and welfare; |
| 69 | 2. Erected for no more than 30 calendar days; |
| 70 | 3. Necessary to protect wildlife, habitat, or other |
| 71 | environmental resources; or |
| 72 | 4. Otherwise authorized by law. |
| 73 | (b) Limit the public's access to a public beach, unless |
| 74 | alternative access that is of substantially similar quality and |
| 75 | convenience to the public is provided. |
| 76 | (3) This subsection does not prevent any agency, |
| 77 | department, institution, subdivision, or instrumentality of the |
| 78 | state or of the Federal Government from erecting or maintaining |
| 79 | any groin, seawall, barrier, pass, channel, jetty, or other |
| 80 | structure as an aid to navigation, as protection of the shore, |
| 81 | or for fishing, safety, or other lawful purpose. |
| 82 | 161.83 Prima facie evidence.--In a suit brought or |
| 83 | defended under this part or whose determination is affected by |
| 84 | this part, proof of record title to a sandy beach that is |
| 85 | landward of a sovereign beach is not prima facie evidence that |
| 86 | the titleholder has a right to exclude the public from accessing |
| 87 | and using the sandy beach or any associated accessway. |
| 88 | Section 2. This act shall take effect July 1, 2009. |