What rights to the beach does a visitor have? (or how NOT to get arrested)

[rocket136]

We'll be there next week and after the fiasco that happened last year seeing someone arrested (and posting it here; see - led away in handcuffs) I'm wondering what the mood is these days. There has obviously been lots of talk about the injustice vs property rights - but where does a visitor stand (or sit) on the beach? Doing a search on a few keywords on the forum reveals plenty of info and opinion - but plenty to sift through
I read the thread started by AndyA on "trespass on the beach" and the comments by the Sheriff's deputy

I want to do a little surf fishing as I always do so I'll be looking for a spot away from the public for their best interest and mine. Will it be on or in front of private property? Staying in blue mountain beach.

[30A Skunkape]

Nobody is going to arrest you. I suggest you fish wherever you want, just make sure to fill a bucket with water. If some geek comes out and tells you to get off his sand, dump the water where you are and point out your location is on wet sand. Then thrash their ankles with your fishing pole....assuming they are not cops, of course.

[cp]

Nobody is going to arrest you. I suggest you fish wherever you want, just make sure to fill a bucket with water. If some geek comes out and tells you to get off his sand, dump the water where you are and point out your location is on wet sand. Then thrash their ankles with your fishing pole....assuming they are not cops, of course.

:floor::biggrin::funn:

[truluv]

I live in BMBand if you go to the 83 access you will be A-OK. If you go to the Inn at BMB at the end of Redfish Cir. you will likely meet the security guard who will tell you that you can't set up in front of the Inn or in front of any of the priveledged beach owners in the Retreat who believe they own all of the beach and some of the gulf. They don't tell you where to go, just git. We think if you stay in the wet sand portion of the beach they can't put you in the hoosegow but you won't hear that from Barney Fife.

[rocket136]

I live in BMBand if you go to the 83 access you will be A-OK. If you go to the Inn at BMB at the end of Redfish Cir. you will likely meet the security guard who will tell you that you can't set up in front of the Inn or in front of any of the priveledged beach owners in the Retreat who believe they own all of the beach and some of the gulf. They don't tell you where to go, just git. We think if you stay in the wet sand portion of the beach they can't put you in the hoosegow but you won't hear that from Barney Fife.

What can a security guard do? call the cops? As I see it as long as I'm close to the water within the mean high water mark I should be OK. then what do the cops enforce? Are they laid out in the "trespass on the beach" thread I mentioned? (refering to the retreat)
Right?

[Smiling JOe]

This is the latest I've read/heard:



From www.waltonsun.com (http://www.waltonsun.com/)


County looks to dodge beach privatization bullet

By Sean Boone sean (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)_ (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)boone (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)@ (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)link (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29). (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)freedom (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29). (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)com (http://javascript%3cb%3e%3c/b%3E:execLinkTarget%28%27sean_boone@link.freedom.c om%27,%27EML%27%29)




In July 2007, a visitor from Atlanta was arrested for not leaving a private beach property near The Retreat subdivision in Blue Mountain Beach. That arrest sparked controversy over what and where is deemed off limits to the public on South Walton beaches.
At the time of the incident, the Walton County Sheriff’s Office was enforcing the wet sand line as to where a person could legally sit or loiter in front of a private beach. But since the incident, the WCSO is now enforcing a state attorney’s code that requires proof of representative authority.
According to a state attorney’s document sent to the WCSO in August 2007, a representative of the property or property owner must obtain a sworn statement from the complainant that includes the exact latitude/longitude of the trespass and have proper photographs to show landmarks around where the trespass took place.
Captain Eddie Farris of the WCSO said their enforcement would continue to adhere to what the state attorney asks of them.
“As long as we meet the state attorney’s request,” he said. “We will go by what they say.”
Under the new code, the wet sand enforcement would also be changed requiring an owner to provide the plot of the mean-high-tide area over a 19-year period.
The 1974 City of Daytona Beach v. Tona-Rama Inc. case brought beach privatization into full light, ruling that property that historically had been used as public access, could not be deemed private.
But many gray areas remain as to what is historic public access in the state of Florida.
Recently, Walton and Okaloosa County beach renourishment efforts have raised questions over what is the private beach owner’s rightful land and what is part of public beach after additional sand is added that extends property.
A lawsuit from three homeowners challenging the state’s erosion control permit was heard by the U.S. Supreme Court in April 2007, but a decision in the matter has not yet been tendered.
South Walton Tourist Development Beach Maintenance Manager David Sell said in a recent e-mail that the Remove It Or Lose It program, which removes items left on county beaches overnight, would not be able to patrol renourished beaches in the western end of the county until the Supreme Court ruling is made to determine if the area of beach is private or public.
“It is the county position that it should be public from the CCL (Coastal Construction Line) to the water,” he said. “However, we must wait to hear how the courts rule on it.”
Last year, Edgewater Condominiums in Miramar Beach fi led suit against Walton County after threats were made to remove their volleyball net, which was seen as a removable item under the TDC’s program.
“Since the code said chairs, tents, toys etc., Edgewater management thought the county had over-stepped its authority,” said Edgewater President Suzanne Harris. “Edgewater thought it was selective enforcement because an investigation by our attorney found there were many volleyball nets that had not been tagged, such as the one at the Whale’s Tail restaurant that was (on) public beach.”
BEACH SAFETY
LOOPHOLE
The South Walton Fire District’s Beach Safety program currently patrols more than 26 miles of beaches in South Walton. Much of the patrolling is done by roving (vehicles) below the high tide mark of private beaches.
“The majority of our responses are on private beaches,” said SWFD Beach Safety Director Gary Wise. “Without roving patrol west of Pompano Joe’s there would be no response (on west end of county beaches).”
Walton County currently has eight public beach accesses with lifeguard towers, but according to Wise many of the private beach areas have the worst rip currents.
“Two of the worst rip current areas are in Miramar Beach (on private property),” he said. “There are 26 miles of beach. Divide that by eight and you don’t have an ideal mathematical equation.”
Wise said his lifeguards were involved with 45 rescues and more than 50 assists (helped from the water) during Memorial Day weekend – many of who were swimming in front of private beach properties.
http://www.epaperedition.com/Repository/getimage.dll?path=WaltonSun/2008/06/07/1/Img/Pc0010600.jpg
Private beach property creates a tricky legal situation for Walton County authorities. (Sean Boone/ The Sun)

[sowalgayboi]

Just remember that out of state visitors must have a fishing liscense unless they are on a liscensed vessel or pier. Just saying is all.

[rocket136]

Just remember that out of state visitors must have a fishing liscense unless they are on a liscensed vessel or pier. Just saying is all.

Will do. I always try to play by he rules... it's just so damn hard to figure them out.

[sowalgayboi]

If I remember correctly you can get one at the 331 annex. I know you can get them at Wal-Mart in the sporting goods department.

[rocket136]

I usually go to Yellowfin Watersports right in Seagrove. Live bait!

[Pirate]

What can a security guard do? call the cops? As I see it as long as I'm close to the water within the mean high water mark I should be OK. then what do the cops enforce? Are they laid out in the "trespass on the beach" thread I mentioned? (refering to the retreat)
Right?

I own a house in that area. The Sherriff will not come there for calls from the security company any longer unless there is damage to property. I suppose the Sherriff would also come if the security guard touched you. Tell Barney to take a hike, maybe even laugh at him:biggrin:

[Tootsie]

Will do. I always try to play by he rules... it's just so damn hard to figure them out.


Florida Fish and Wildlife website. (http://marinefisheries.org/license.htm). looks like you can get a license online. may be just as easy to get one while shopping for bait. good luck & have some fun.