Senator Jay Trumbull Files Legislation to Repeal 2018 State Law that Limits Public Access to Local Beaches

TALLAHASSEE, FL.—Florida State Senator Jay Trumbull (R-Panama City) has filed legislation, Senate Bill 1622, to repeal a 2018 state law that limits public access to local beaches by preventing government entities from adopting ordinances that establish customary use.

“Our beaches are a pillar of our community and during my time in the Florida Senate, public access to our beaches has been an overwhelming concern of the residents of Senate District 2 – particularly in Walton County,” said Senator Trumbull. “Residents should not be denied access to our beaches and no one individual should have the power to deny the public from enjoying a community asset that means so much to so many. While the repeal of this law will help restore balance between personal property rights and the public’s ability to enjoy our pristine shoreline, it will also help provide a better path forward to a well-intentioned law that has, unfortunately, fallen short of its intended goal.”

In 2018, the Florida Legislature passed House Bill 631, which was subsequently signed into law, to prohibit governmental entities from adopting or keeping in effect an ordinance or rule establishing customary use of privately owned dry sand areas. However, the bill exempted ordinances or rules adopted and in effect prior to January 1, 2016, which at the time effectively singled out Walton County’s customary use ordinance. SB 1622 would repeal this law – Section 163.035, Florida Statutes, relating to the establishment of recreational customary use of beaches. It would take effect upon becoming law.

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Editor's note:  This current law sets rules for when the government can declare that the public has a customary right to use private beach areas above the high tide line. This law does not affect beach access laws that were already in place before January 1, 2016, and governments can still use customary use as a legal defense in certain cases before July 1, 2018.